The Third Circuit Court of Appeals echoed an earlier ruling by a U.S. District Court that Delaware cannot bar citizens of other states from obtaining documents under that state’s public records law.
The question presented in this appeal is whether Delaware’s Freedom of Information Act (“FOIA”), 29 Del. Code Ann. § 10003, violates the Privileges and Immunities
Clause of the United States Constitution by restricting noncitizens’ rights to access, inspect, and copy public documents. We conclude that it does.
Although other states have similar exclusionary laws, the Third Circuit is reported to be the first to examine their legality.
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