Term: 2003
Docket: 02-954
National Archives And Records Administration v. Allan J. Favish Et Al.
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02-954 OFFICE OF INDEPENDENT COUNSEL v. FAVISH Ruling below: CA 9, unpublished. QUESTION PRESENTED The Freedom of Information Act's Exemption 7(C) protects from disclosure "records or information compiled for law enforcement purposes" if their production "could reasonably be expected to constitute an unwarranted invasion of personal privacy." 5 U.S.C. 552(b)(7)(C). The question presented is: Whether the Office of Independent Counsel properly withheld, under Exemption 7(C), photographs relating to the death of former Deputy White House Counsel Vincent Foster. CERT. GRANTED: 5/5/03
The U.S. Supreme Court case National Archives and Records Administration v. Allan J. Favish et al., 2003, concerned the Freedom of Information Act (FOIA) and privacy rights related to post-mortem images. Allan J. Favish, a lawyer and conspiracy theorist, requested photos from the suicide scene of Vincent Foster Jr., former deputy White House counsel during President Clinton's administration, suspecting foul play in his death despite multiple investigations ruling it as suicide. The National Archives denied his request citing FOIA Exemption 7(C), which protects personal privacy against public interest if unwarranted invasion occurs. Favish sued for access but lost in district court; however, he won on appeal at the Ninth Circuit Court of Appeals who ordered some photographs released under public interest grounds. Upon reaching the Supreme Court though, they reversed this decision by a vote of 9-0 stating that surviving family members have a right to personal privacy regarding their deceased relatives under FOIA exemption clauses unless substantial evidence indicating government misconduct is presented - something Favish failed to do.
In the dissenting opinion for National Archives and Records Administration v. Allan J. Favish et al., Justice Scalia argued that the majority's decision to deny access to death scene photographs under Exemption 7(C) of the Freedom of Information Act (FOIA) was a misinterpretation of FOIA's purpose and scope. He contended that privacy rights should not be extended posthumously, as it contradicts common law tradition where privacy rights are personal and cease at death. Furthermore, he disagreed with the majority’s view on public interest in disclosure; he believed there is significant public interest in government activities related to investigations into suspicious deaths involving government employees, which outweighs any potential invasion of privacy. Lastly, Scalia criticized how subjective judgments about what constitutes "public benefit" were used by courts or agencies when deciding whether information should be disclosed.
