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Panel One: Classification And Access To National Security Information, Mary-Rose Papandrea, Margaret Kwoka, David Pozen, Stephen I. Vladeck
Panel One: Classification And Access To National Security Information, Mary-Rose Papandrea, Margaret Kwoka, David Pozen, Stephen I. Vladeck
Faculty Scholarship
This article is a transcript of the first panel of First Amendment Law Review’s 2021 Symposium on National Security, Whistleblowers, and the First Amendment, discussing classification and access to national security information.
The Mosaic Theory, National Security, And The Freedom Of Information Act, David E. Pozen
The Mosaic Theory, National Security, And The Freedom Of Information Act, David E. Pozen
Faculty Scholarship
This Note documents the evolution of the "mosaic theory" in Freedom of Information Act (FOIA) national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and of judicial deference. Though essentially valid, the mosaic theory has been applied in ways that are unfalsifiable, in tension with the text and purpose of FOIA, and susceptible to abuse and overbreadth. This Note therefore argues, against precedent, for greater judicial scrutiny of mosaic theory …