Jonathan Adler writes:
Today the U.S. Court of Appeals for the 6th Circuit upheld a request for booking photographs of criminal defendants sought under the Freedom of Information Act (FOIA) in Detroit Free Press v. USDOJ. Existing circuit precedent mandated this result. In their brief per curiam opinion, however, Judges Guy, Cook, and McKeague explained why they believe full 6th Circuit should reconsider this holding. Here’s an excerpt.
Although we must follow Free Press I, we urge the full court to reconsider whether Exemption 7(C) applies to booking photographs. In particular, we question the panel’s conclusion that defendants have no interest in preventing the public release of their booking photographs during ongoing criminal proceedings.
Read more on The Volokh Conspiracy.