Wednesday, March 13, 2019
United States Department of State V. Ray
Marquise Green linked States incision of State v. Ray start out I Every year millions of young adults graduate from their respective last schools, pack up their belongings, leave their parental guided hearthstones behind, and set take for college. The first thing that comes to mind when leaving the parents behind is their first dead on target sense of granting immunity. The freedom to do what they please with no curfew, no guidelines, and no pre-disposed consequences for their actions is the freedom theyve been working hard throughout the maturing years of their childhood.Upon arrival it seems as though this is the depicted object, but as time passes one realizes that the so called freedom they attained comes with an inherited circumstance. The concealment that you once had in the arctic of your home in your bedroom is violated by the inheritance of a roomie and the dorm lifestyle. Some may not adopt ever had this privacy due to their initial guardians, but the detail rebrinys, that you have to share your space, time, and animation with the accompanied male or female assigned. The right to privacy is protected by m any(prenominal) justnesss in our countrys government.Included in these laws is the immunity of Information Act in which the wooing at hand regards. In the United States Department of State v. Ray (502 U. S. 164, 112 S. Ct. 541) a host of Haitians pursuit political asylum from our government, using the FOIA as a occasion for their reasoning, desire to receive the name and tuition withheld from them of Haitian emigrants who were previously sent tail end to Haiti upon arrival to the United States. The State Department in this baptistery was know as the petitioner (plaintiff) and the respondent (defendant) was the Florida lawyer Michael D.Ray representing the Haitian nationals and his clients. In a more detailed synopsis, it was utter that a group of Haitians depressed with their countries devastations, desire to illegally immigrate to the U. S. seeking asylum as political refugees. As our nations government caught attention of the immigrants, they imposed a visualise to apprehend and reinsert the immigrants of who did not qualify for political asylum back into Haiti. Fearing the immigrants safety from persecution upon arrival, they comprised an agreement with the Haitian government to restrain from persecuting these individuals for their actions.Also, they set forth a series of interviews with the immigrants to follow up on the agreements standing. This is where our cases foreground was cemented. The re primary(prenominal)ing Haitian nationals known to be the respondents, do a series of FOIA requests to government agencies for copies of the reports of the interviews the State Department held from the travel Haitians. They wanted to prove that in that respect was indeed a fear of prosecution upon returning to Haiti that entitled the immigrants to asylum in the U. S.The problem at hand was that v irtually of the information they authentic had been redacted or edited before the Haitian nationals received them. The State Departments reasoning is that upon assigning the agreement with the Haitian government and the returning immigrants they interviewed, they vowed that they would not disclose any information of their names and whereabouts for their safety due to an infringement of privacy. The respondents argued that the right to privacy is outweighed by mankind fire and the Freedom of Information Act gives them the right.The following case was colonized in the tyrannical romance with Justice Stevens delivering the ruling however, let us start with the District judicial systems ruling. The District address sided with the respondents and held that the invasion of privacy in this situation, giving away the names and addresses of the individuals was of little logical implication and was dominantly outweighed by public interest in the safe relocation of returned Haitians. They reproducible the State Department to surrender the redacted information. Upon reaching the address of Appeals, they too sided with the respondents though they disagreed with some of the pretenses.They first argued that the privacy of the Haitians was indeed remarkable given the fact that the respondents wanted the information to contact the returned Haitians directly and to question them, and due south, that the returnees were previously promised confidentiality from our government. though they argued these points, the court conclude that the indirect benefit of giving respondents the means to nail down the Haitian returneesprovided a public value that required disclosure. The Supreme move then granted certiorari. Here lies a more detailed translation of the FOIA.One precedent in the case was from bathroom Doe Agency v. John Doe Corp. which it stated, The Freedom of Information Act was enacted to facilitate public approaching to Government documents. In the FOIA the re are a series of 9 exemptions to disclosure of this information. These are get in place to ensure the resistance of federal agencies and certain information that shouldnt be viewed by the public. specifically in this case, granting immunity 6 was used by the State Department stating that personnel and medical files and homogeneous files the disclosure of which would constitute a understandably dead invasion of ad hominem privacy. Upon further examination of the FOIA and franchise 6 they lean to the Department of Air Force v. Rose case as a precedent for their decision. The key concept in this exemption which the Court examined is a intelligibly unwarranted invasion of personal privacy. The main points that the Supreme Court derived its decision from were that first they felt that public interest had initially been satisfied by the disclosure of the redacted interview summaries, and the unredacted documents would constitute a all the way unwarranted invasion of privacy.Th ey felt that the addition of the redacted files would not give any further information that the respondents seek. The second, was that the public interest the respondents rely on stems from they powerfulness stimulate information outside of the Government files, which inherits derivative use that which the law doesnt stand for. And finally that the respondents were seeking to attain information with hopes to find evidence that would challenge the integrity of our government officials. The Supreme Court concluded that the proposed invasion of the serious privacy interest of the Haitian returnees is clearly unwarranted. With that beingness said the judgment of the Court of Appeals was reversed. The opinion preceding the decision was make by Justice Scalia and Justice Kennedy concurring in part and in the judgment. They stated that the majority agreed that whether to establish a public interest or to establish an invasion of privacy is impermissible considering derivative uses. They contended that the FOIA would be more sensible if it included cause, produce or lead to when associating with clearly unwanted invasion of personal privacy.They believed that there shouldnt have been an bloodline for granting immunity 6. U. S. officials pledged confidentiality knowing that the information regarding the interviews is something that a person would not want to be shared, therefore an invasion of personal privacy. They conclude that there is nothing substantial about the other(a) sides descent for public interest that can compete, so this is clearly unwarranted and upholds to unsusceptibility 6. Part II In the first case documenting my chosen case as a precedent, Long v. United States Department of Justice (778 F.Supp. 2d 222), petitioners brought action against the Department of Justice attempting to attain records relating to health direction providers reports of vaccinum administration and the reactions of the administration, specifically the vaccine types an d dates. The DOJ stated that the reasoning for them deny the information from the public was due to the FOIAs exemption 6 regarding the personal privacy of the patients. They stated that the information would provide specific medical information about the named individuals.The District Court of New York held however, that even though the field of study Childhood Vaccine Injury Act of 1986 gives right to health care providers to deduce information, the DOJ had nothing that just justified their decision to withhold the type of vaccine administered or the date of the administration. The Court also stated that the DOJ failed to satisfy the burden of justifying the withholding under Exemption 6. With these findings, the Court initially granted summary judgment in way of the plaintiff and coherent the disclosure of the information.The DOJ then motioned for reconsideration which the Court granted. In reconsideration, the DOJ requested for summary judgment on both the FOIAs Exemption 3 a nd 6. First, the DOJ stated that the vaccine types and dates were withheld under Exemption 3, which exempts disclosure by statute, due to statute 300aa-12(d)(4)(A) which prohibits disclosure of this information. The plaintiffs however, argued that the meaning of the member information is too broad and cant specifically come to to the subject, vaccine types and dates of administration.Further, they contradicted the definition of the word information as defined in the statute to the actual dictionary definition to better prove their countersink in the argument. Though valid in point, it couldnt outweigh the solid state of Exemption 6 in which we find our initial court case as precedent. Exemption 6, stated prior, exempts disclosure of personnel and medical files and similar files, uniform these, due to a clear, unwarranted invasion of privacy. In handling of Exemption 6, the Court stated that it is set forth to protect individuals from the disgrace and embarrassment that can re sult from the unnecessary disclosure of personal information. fundamentally the Court is weighing public interest versus personal privacy like in our original court case. In regards to our previous cases relevance as a precedent in this case, the vaccine types and dates were tie in to docket numbers which revealed the names and medical information of individuals that shouldnt be disclosed. They quoted United States Dept of State v.Ray stating, (disclosure of personal information constitutes totally a de minimis invasion of privacy when the identities are unknown, the invasion of privacy becomes significant when the personal information is linked to particular individuals). The Court realized that this put the information at bump of invading personal privacy and was the main factor in their final decision. In conclusion the Court ordered the reconsideration of the defendant, vacated the initial motion for summary judgment, and denied the plaintiffs cross-motion to receive the vacc ine types and dates of administration.In my second case regarding my chosen case as a precedent, the FOIAs Exemption 6 was also used to reach a decision. In Sherman v. United States Department of the Army (244 F. 3d 357) action was brought against the army to produce documents relating to value confronts. These documents however, included the social security numbers of service personnel. The reasoning for Shermans lawsuit was because the Army redacted the SSNs from the documents pursuant to Exemption 6, knowing that this could cause risk for an unwarranted invasion of personnel privacy.The procedure for redaction was relatively big-ticket(prenominal) and the Army felt that if Sherman wanted the documents he should pay for it. Sherman argued that this was outrageous and that the documents shouldnt have to be redacted. The U. S. District Court for Southern Texas agreed that this exponent be a potential personal privacy risk and control summary judgment in favor of the Army which later got appealed. In the Court of Appeals is where we find our cases precedent. There were two main points in which compendium was needed, Shermans waiver argument and Exemption 6 balancing.In the waiver argument, Sherman, instead of contesting Exemption 6, argued that the Army uses SSNs publicly in some(prenominal) situations. He used recreational orders and services such as airlines, hotels, and other public organizations. Sherman backed his argument using other cases as precedent and also argued that allowing the Army to withhold material that was already released they will have power to selectively control the power of disclosure for any documents containing SSNs.The Court however, contended that even though the Sherman gave a valid argument that pertains to a group or agency, only the individual whose privacy is protected by Exemption 6 can waiver their individual privacy interests, declining Shermans argument. The Court then moved to balancing the sides on the Exemption 6 issue. fundamentally what theyre doing here is deciding whether the disclosure of SSNs is indeed clearly unwarranted in respects to personal privacy interest. They leaned most of their premise on Congress and the laws that protect personal privacy.In evaluation, they came to the derivative use theory and discover that certain implications could arise from the disclosure of Shermans request. In Justice Scalias concurring opinion of United States Department of State v. Ray Scalia states completely upon what the requested information reveals, not what it might lead to. What this means in assessment is that the Armys claim for defense is because this information could potentially lead to harm to the individuals through the possibility of identity fraud.In the conclusion of the analysis the Court claims that the redaction of the SSNs does not stop the public interest of attaining the award orders. Rather, it protects the individuals from an unwarranted invasion of their personal priva cy. In Shermans argument he failed to identify that public interest (in the SSNs) would outweigh the personal privacy of the individuals through an unredacted disclosure. The Court reached a decision to affirm the districts courts summary judgment in favor of the Army.
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