Reporters Committee for Freedom of the Press et al. v. Kissinger

Opinion summary

Etalia.ai summary of the majority opinion

The case involved the Reporters Committee for Freedom of the Press and others who sought access to transcripts of telephone conversations recorded by Henry Kissinger during his tenure as National Security Advisor and Secretary of State. The plaintiffs argued that these records should be made available under the Freedom of Information Act (FOIA). However, the Supreme Court ruled against them, holding that FOIA did not apply because Kissinger's notes were personal papers rather than agency records. The court emphasized that documents must be created or obtained by an agency in connection with official business to qualify as 'agency records' under FOIA. Since Kissinger had taken these notes personally before they were transferred to government archives, they fell outside this definition.

Opinion written by Justice Rehnquist

Decided 3 Mar 1980 · Official report

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