Chicago Tribune Co. v. Bd. of Trs., Univ of IL

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The Chicago Tribune published articles revealing that the University of Illinois had a special process for reviewing applications from students with well-placed supporters. The President of the University system, the Chancellor of one campus, and seven of the nine members of the Board of Trustees eventually resigned. The Tribune sought additional information through the Freedom of Information Act, 5 ILCS 140/1: the names and addresses of the applicants' parents and the identity of everyone involved in the applications. The University invoked Exemption 1(a), which provides that agencies will withhold information specifically prohibited from disclosure by federal or State law, pointing to 20 U.S.C. 1232g(b)(1), Family Education Rights and Privacy Act of 1974, as prohibiting disclosure. It precludes federal funding for any educational institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein) of students without the written consent of their parents. The Tribune asked a federal district court for a declaratory judgment, which was granted on grounds that the 1974 Act does not prohibit disclosure, just funding. The Seventh Circuit vacated and ordered dismissal for lack of subject matter jurisdiction. View "Chicago Tribune Co. v. Bd. of Trs., Univ of IL" on Justia Law