A federal judge has ruled that Delaware's Freedom of Information Act is unconstitutional because it denies nonresidents access to public records in the state, which is the legal home of many major companies.
In a 2003 lawsuit against Delaware's governor and attorney general, Matthew Lee, who lives in New York City, said that the act curtailed his ability as a consumer advocate and writer to provide ''full, fair and robust reporting on matters of national interest.''
In a 23-page opinion released last Friday, Judge Joseph J. Farnan Jr. of the United States District Court in Delaware said that he could not see why the law should distinguish between residents and nonresidents. He noted that the state's own lawyer had argued that one of the goals of the Freedom of Information Act was to strengthen the bond between citizens and government by ensuring transparency and accountability.
The judge wrote that consumer advocates and journalists like Mr. Lee were "particularly suited to advancing the goals of transparency and accountability, whether they are Delaware citizens or not."
Details here from the New York Times via LexisONE.com. You can find the judge's opinion at Lee v. Minner.