http://papers.ssrn.com/sol3/papers.cfm?abstract_id=820326

The Mosaic Theory, National Security, and the Freedom of Information Act

DAVID POZEN
Yale University - Law School
Yale Law Journal, Vol. 115, No. 3, 2005
      
      
Abstract:     
The first work to explore the "mosaic theory" in detail, this Note documents
the theory's evolution in 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 purpose and text of FOIA, and susceptible to abuse and overbreadth.
This Note therefore argues, against precedent, for greater judicial scrutiny
of mosaic claims.

      
Keywords: Mosaic Theory, National Security, Freedom of Information Act
(FOIA), Government Secrecy, Judicial Review
      
Accepted Paper Series
      
Suggested Citation

    Pozen, David E., "The Mosaic Theory, National Security, and the Freedom
of Information Act" . Yale Law Journal, Vol. 115, No. 3, 2005
http://ssrn.com/abstract=820326 



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