In the case Federal Trade Commission et al. v. Grolier Inc., 1982, the Supreme Court ruled in favor of the Federal Trade Commission (FTC). The dispute arose when Grolier Inc., a publishing company, requested access to FTC documents under the Freedom of Information Act (FOIA). These documents were related to an earlier investigation into alleged deceptive practices by Grolier. The FTC refused disclosure on grounds that these records fell within Exemption 5 of FOIA which protects inter-agency or intra-agency memorandums or letters not available by law except for use in litigation proceedings. The court held that this exemption applies even after completion of litigation and does not have a temporal limit as argued by Grolier Inc.. Therefore, it was concluded that such internal communications remain protected from public disclosure indefinitely unless Congress amends FOIA's provisions.

In the dissenting opinion for Federal Trade Commission et al. v. Grolier Inc., Justice Brennan, joined by Justices Marshall and Blackmun, argued that the majority's interpretation of Exemption 5 under the Freedom of Information Act (FOIA) was too broad and inconsistent with Congress' intent to promote transparency in government operations. They contended that documents should not be exempt from disclosure simply because they were part of a law enforcement investigation; rather, it must be demonstrated that their release would expose an agency’s decision-making process in such a way as to discourage candid discussion within the agency or undermine its ability to perform its functions. The dissent also disagreed with the majority's view on "final opinions," arguing that these should include all final dispositions whether formal or informal - not just those which explain decisions made after adjudication or formal rulemaking procedures.