Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2012 FOIA the First Amendment: Representative Democracy and the People’s Exclusive “Right to Know” Barry Sullivan Loyola University Chicago, School of Law,
[email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Constitutional Law Commons, and the First Amendment Commons Recommended Citation Sullivan, Bary, FOIA the First Amendment: Representative Democracy and the People’s Exclusive “Right to Know”, 72 Md L. Rev. 1 (2012-2013). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. MARYLAND LAW REVIEW Volume 72 2012 Number 1 © Copyright Maryland Law Review 2012 Articles FOIA AND THE FIRST AMENDMENT: REPRESENTATIVE DEMOCRACY AND THE PEOPLE'S ELUSIVE "RIGHT TO KNOW' BARRY SULLIVAN* He... succeeded thoroughly in making the House understand that he was very angy;-but he succeeded in nothing else.... He Copyright © 2012 by Barry Sullivan. * Cooney & Conway Chair in Advocacy and Professor of Law, Loyola University Chica- go; Fulbright Canada Visiting Research Chair in Legal Studies, University of Alberta, Fall 2011; Visitor, Law and Public Affairs Program, Woodrow Wilson School of Public and In- ternational Affairs, Princeton University, Spring 2011. The author is grateful to Randall P. Bezanson, Murray Dry, Mark Grunewald, Stanley N. Katz, Alfred S. Konefsky, Matthew Lewans, Janet McLean, Robert M. O'Neil, Winnifred Fallers Sullivan, and Michael Zimmer for helpful comments on an earlier draft, and to Allison Creekmur, Anthony Ivone, and Hyeng Kim for excellent research assistance.