Antioch, TN asked in Uncategorized for Michigan

Q: Does Michigan FOIA violate the First Amendment when dates are redacted?

"The language of Michigan FOIA authorizes, but does not require non-disclosure of public records falling within a FOIA exemption, is clear and unambiguous."

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two forms: (1) the government cannot censor information or otherwise prevent people from accessing information, except in very rare circumstances, such as profanity; and (2) the government cannot prevent access to places where information is exchanged, except in very limited circumstances." -Access to Information - Epic

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1 Lawyer Answer

A: In short: no. Constitutional rights are protected by tests that weigh legitimate government interest. There are a number of exceptions that could allow government (e.g., the police) to redact information such as dates or names.

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