Milner v. Department of the Navy

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
09-1163	9th Cir.	Dec 1, 2010 Tr.Aud.	Mar 7, 2011	8-1	Kagan	OT 2010

Holding: Maps describing the location of explosives do not qualify for withholding under Exemption 2 of the Freedom of Information Act, which shields from disclosure only records that relate to employee relations and human resources issues.

Plain English Holding: Maps describing the location of explosives do not qualify for withholding under Exemption 2 of the Freedom of Information Act, which shields from disclosure only records that relate to employee relations and human resources issues.

Judgment: Reversed, 8-1, in an opinion by Justice Elena Kagan on March 7, 2011. Justice Alito filed a concurring opinion. Justice Breyer filed a dissent.

SCOTUSblog Coverage

• Last week's opinions in Plain English (Lisa McElroy)
• Opinion recap: Court interprets FOIA Exemption 2 narrowly (Kathryn McCann - Guest)
• Argument recap: Pinning down the scope of Exemption 2 (Kathryn McCann - Guest)
• Argument preview: How broad is the scope of Exemption 2 of the Freedom of Information Act? (Kathryn McCann - Guest)

Briefs and Documents

Merits Briefs

• Brief for Petitioner Glen Scott Milner
• Brief for Respondent Department of the Navy
• Reply Brief for Petitioner Glen Scott Milner

Amicus Briefs

• Brief for Public Citizen, the American Civil Liberties Union, the American Civil Liberties Union of Washington, Citizens for Responsibility and Ethics in Washington, the Electronic Frontier Foundation, the National Security Archive, and OpentheGovernment.org in Support of Petitioner
• Brief for Allied Daily Newspapers of Washington and Society of Environmental Journalists in Support of Petitioner
• Brief for The Reporters Committee for Freedom of the Press, ALM Media, LLC, the American Society of News Editors, the Associated Press, Bloomberg L.P., Cable News Network, Inc., the Citizen Media Law Project, Dow Jones & Company, Inc., the E.W. Scripps Company, the First Amendment Coalition, the First Amendment Project, the National Press Club, the National Press Photographers Association, Newspaper Association of America, the Newspaper Guild "“ CWA, NPR, Inc., the Radio Television Digital News Association, the Society of Professional Journalists, Tribune Company and the Washington Post in Support of Petitioner

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)