chrysler
brown
argued
november
decided
april
petitioner
party
numerous
government
contracts
required
comply
executive
orders
charge
secretary
labor
ensuring
corporations
benefit
government
contracts
provide
equal
employment
opportunity
regardless
race
sex
regulations
promulgated
department
labor
office
federal
contract
compliance
programs
ofccp
require
government
contractors
furnish
reports
programs
general
composition
work
forces
provide
notwithstanding
exemption
mandatory
disclosure
freedom
information
act
foia
records
obtained
pursuant
executive
order
shall
made
available
inspection
determined
requested
inspection
furthers
public
interest
impede
agency
functions
except
case
records
disclosure
prohibited
law
department
defense
defense
logistics
agency
dla
designated
compliance
agency
responsible
monitoring
petitioner
employment
practices
informed
petitioner
third
parties
made
foia
request
disclosure
certain
materials
furnished
dla
petitioner
petitioner
objected
release
materials
dla
determined
materials
subject
disclosure
foia
ofccp
disclosure
rules
petitioner
filed
complaint
federal
district
seeking
enjoin
release
documents
petitioner
contended
inter
alia
disclosure
barred
foia
inconsistent
trade
secrets
act
imposes
criminal
sanctions
government
employees
disclose
make
known
manner
extent
authorized
law
certain
classes
information
submitted
government
agency
including
trade
secrets
confidential
statistical
data
finding
jurisdiction
subject
disclosure
decision
review
administrative
procedure
act
apa
district
held
certain
requested
information
fell
within
exemption
foia
relating
trade
secrets
commercial
financial
information
whether
requested
information
may
must
withheld
thus
depended
applicable
agency
regulations
regulation
cfr
officer
employee
department
labor
violate
proscribes
specified
disclosures
authorized
law
required
information
withheld
sides
appealed
appeals
vacated
district
judgment
agreeing
district
foia
compel
withholding
information
falls
within
exemptions
analysis
must
proceed
apa
appeals
reached
different
conclusion
interpretation
cfr
appeals
view
disclosures
made
pursuant
ofccp
disclosure
regulations
authorized
law
virtue
regulations
held
foia
exclusively
disclosure
statute
affords
petitioner
private
right
action
enjoin
agency
disclosure
language
logic
history
foia
show
provisions
exempting
specified
material
disclosure
meant
permit
agency
withhold
certain
information
meant
mandate
congressional
concern
agency
need
preference
confidentiality
foia
protects
interest
confidentiality
private
entities
submitting
information
extent
interest
endorsed
agency
collecting
information
pp
type
disclosure
threatened
case
authorized
law
within
meaning
trade
secrets
act
theory
ofccp
regulations
relied
dla
source
authorization
pp
act
addresses
formal
agency
action
well
acts
individual
government
employees
nothing
legislative
history
show
congress
intended
phrase
authorized
law
special
limited
meaning
different
traditional
understanding
properly
promulgated
substantive
agency
regulations
force
effect
law
order
regulation
force
effect
law
must
substantive
rule
affecting
individual
rights
obligations
regulations
case
bar
must
product
congressional
grant
legislative
authority
promulgated
conformity
procedural
requirements
imposed
congress
pp
disclosure
regulations
issue
case
based
executive
order
amended
regulation
permits
units
department
labor
promulgate
supplemental
disclosure
regulations
consistent
foia
since
materials
exempt
disclosure
foia
outside
ambit
act
government
rely
foia
congressional
authorization
disclosure
regulations
permit
release
information
within
act
exemptions
order
regulations
adopted
executive
order
speaks
terms
rules
regulations
necessary
appropriate
achieve
executive
order
purposes
ending
discrimination
federal
government
deal
force
effect
law
must
nexus
regulations
delegation
requisite
legislative
authority
congress
congress
enacted
statutes
arguably
authorized
executive
order
federal
property
administration
services
act
titles
vi
vii
civil
rights
act
equal
employment
opportunity
act
concerned
public
disclosure
trade
secrets
confidential
business
information
possible
find
statutes
delegation
disclosure
authority
asserted
government
also
one
readily
pull
logic
purposes
executive
order
concern
public
access
information
government
files
importance
protecting
trade
secrets
confidential
business
statistics
pp
legislative
authority
ofccp
disclosure
regulations
found
authorizes
heads
government
departments
prescribe
regulations
govern
internal
departmental
affairs
custody
use
records
provides
authorize
withholding
information
public
limiting
availability
records
public
section
housekeeping
statute
authorizing
rules
agency
organization
procedure
practice
opposed
substantive
rules
nothing
legislative
history
indicate
substantive
grant
legislative
power
promulgate
rules
authorizing
release
trade
secrets
confidential
business
information
thus
authorize
regulations
limiting
scope
trade
secrets
act
pp
also
procedural
defect
ofccp
disclosure
regulations
precludes
courts
affording
force
effect
law
since
promulgated
interpretative
rules
without
complying
apa
requirement
interested
persons
given
general
notice
agency
proposed
rulemaking
opportunity
comment
substantive
rule
promulgated
interpretative
regulation
authoriz
ation
law
required
trade
secrets
act
pp
however
trade
secrets
act
afford
private
right
action
enjoin
disclosure
violation
statute
implied
private
right
action
criminal
statute
least
statutory
basis
inferring
civil
cause
action
sort
lay
favor
someone
cort
ash
nothing
trade
secrets
act
prompts
inference
indication
legislative
intent
create
private
right
action
importantly
private
right
action
act
necessary
make
effective
congressional
purpose
since
review
dla
decision
disclose
petitioner
employment
data
available
apa
pp
since
trade
secrets
act
authoriz
ation
law
contemplated
act
place
substantive
limits
agency
action
dla
decision
disclose
petitioner
reports
reviewable
agency
action
petitioner
person
adversely
affected
aggrieved
within
meaning
apa
provision
affording
right
judicial
review
agency
action
person
appeals
reach
issue
whether
disclosure
petitioner
documents
barred
trade
secrets
act
case
remanded
order
appeals
may
consider
whether
contemplated
disclosures
violate
act
pp
rehnquist
delivered
opinion
unanimous
marshall
filed
concurring
opinion
post
burt
braverman
argued
cause
petitioner
briefs
william
rolf
assistant
attorney
general
babcock
argued
cause
respondents
brief
solicitor
general
mccree
leonard
schaitman
paul
blankenstein
briefs
amici
curiae
urging
reversal
filed
paul
gomory
association
advancement
invention
innovation
joseph
keyes
association
american
medical
colleges
robert
ackerly
thomas
pattern
kenneth
weinstein
lawrence
kraus
stanley
kaleczyc
chamber
commerce
michael
horne
bruce
sokler
stephen
mysliwiec
robert
williams
douglas
mcdowell
equal
employment
advisory
council
leonard
theberge
edward
dowd
scientists
engineers
secure
energy
et
al
charles
hill
filed
brief
consumer
federation
america
et
al
amici
curiae
urging
affirmance
briefs
amici
curiae
filed
thomas
pfister
hughes
aircraft
richmond
coburn
thomas
douglass
national
security
industrial
ass
george
sears
douglas
floyd
standard
oil
california
justice
rehnquist
delivered
opinion
expanding
range
federal
regulatory
activity
growth
government
sector
economy
increased
federal
agencies
demands
information
activities
private
individuals
corporations
developments
paralleled
related
concern
secrecy
government
abuse
power
freedom
information
act
hereinafter
foia
response
concern
also
largely
unforeseen
tendency
exacerbate
uneasiness
comply
governmental
demands
information
foia
third
parties
able
obtain
government
files
containing
information
submitted
corporations
individuals
thought
information
held
confidence
case
belongs
class
popularly
denominated
suits
chrysler
hereinafter
chrysler
seeks
enjoin
agency
disclosure
grounds
inconsistent
foia
criminal
statute
origins
century
proscribes
disclosure
certain
classes
business
personal
information
agree
appeals
third
circuit
foia
purely
disclosure
statute
affords
chrysler
private
right
action
enjoin
agency
disclosure
agree
conclusion
disclosure
authorized
law
within
meaning
therefore
vacate
appeals
judgment
remand
consider
whether
documents
issue
case
fall
within
terms
party
numerous
government
contracts
chrysler
required
comply
executive
orders
charge
secretary
labor
ensuring
corporations
benefit
government
contracts
provide
equal
employment
opportunity
regardless
race
sex
department
labor
office
federal
contract
compliance
programs
ofccp
promulgated
regulations
require
government
contractors
furnish
reports
information
programs
general
composition
work
forces
defense
logistics
agency
dla
formerly
defense
supply
agency
department
defense
designated
compliance
agency
responsible
monitoring
chrysler
employment
practices
ofccp
regulations
require
chrysler
make
available
agency
written
programs
aap
annually
submit
employer
information
reports
known
reports
agency
may
also
conduct
compliance
reviews
complaint
investigations
culminate
compliance
review
reports
crr
complaint
investigation
reports
cir
respectively
regulations
promulgated
secretary
labor
provide
public
disclosure
information
records
ofccp
compliance
agencies
regulations
state
notwithstanding
exemption
mandatory
disclosure
foia
records
obtained
generated
pursuant
executive
order
amended
shall
made
available
inspection
copying
determined
requested
inspection
copying
furthers
public
interest
impede
functions
ofcc
compliance
agencies
except
case
records
disclosure
prohibited
law
controversy
began
may
dla
informed
chrysler
third
parties
made
foia
request
disclosure
aap
chrysler
newark
assembly
plant
october
cir
facility
nine
days
later
chrysler
objected
release
requested
information
relying
ofccp
disclosure
regulations
exemptions
foia
chrysler
also
requested
copy
cir
since
never
seen
dla
responded
following
week
determined
requested
material
subject
disclosure
foia
ofccp
disclosure
rules
documents
released
five
days
later
day
documents
released
chrysler
filed
complaint
district
delaware
seeking
enjoin
release
newark
documents
district
granted
temporary
restraining
order
barring
disclosure
newark
documents
requiring
dla
give
five
days
notice
chrysler
releasing
similar
documents
pursuant
order
chrysler
informed
july
dla
received
similar
request
information
chrysler
hamtramck
plant
chrysler
amended
complaint
obtained
restraining
order
regard
hamtramck
disclosure
well
chrysler
made
three
arguments
support
prayer
injunction
disclosure
barred
foia
inconsistent
ease
reference
referred
confidentiality
statutes
finally
disclosure
abuse
agency
discretion
insofar
conflicted
ofccp
rules
district
held
jurisdiction
subject
disclosure
decision
review
administrative
procedure
act
apa
conducted
trial
de
novo
chrysler
claims
sides
presented
extensive
expert
testimony
august
april
district
issued
opinion
held
certain
requested
information
manning
tables
fell
within
exemption
foia
district
reasoned
holding
tables
may
must
withheld
depending
applicable
agency
regulations
governing
regulation
required
information
withheld
pursuant
enabling
statute
gives
federal
department
heads
control
department
records
secretary
labor
promulgated
regulation
cfr
stating
officer
employee
department
violate
section
imposes
criminal
sanctions
government
employees
make
unauthorized
disclosure
certain
classes
information
submitted
government
agency
including
trade
secrets
confidential
statistical
data
essence
district
read
merely
prohibition
unauthorized
disclosure
sensitive
information
government
employees
restriction
official
agency
actions
taken
pursuant
promulgated
regulations
sides
appealed
appeals
third
circuit
vacated
district
judgment
chrysler
schlesinger
agreed
district
foia
compel
withholding
information
falls
within
nine
exemptions
also
like
district
rejected
chrysler
reliance
confidentiality
statutes
either
implied
private
right
action
proceed
statute
statute
terms
applicable
information
issue
case
agreed
district
analysis
must
proceed
apa
disagreed
interpretation
cfr
terms
regulation
specified
disclosures
proscribed
authorized
law
standard
appeals
view
disclosures
made
pursuant
ofccp
disclosure
regulations
authorized
law
virtue
regulations
therefore
held
cfr
inapplicable
appeals
also
disagreed
district
view
scope
review
apa
held
district
erred
conducting
de
novo
review
review
limited
agency
record
however
appeals
found
record
inadequate
case
directed
district
remand
agency
supplementation
conflict
circuits
general
importance
cases
granted
certiorari
vacate
judgment
third
circuit
remand
proceedings
ii
decided
number
foia
cases
last
years
although
face
squarely
question
whether
foia
ex
proprio
vigore
forbids
governmental
agencies
disclosing
certain
classes
information
public
course
least
one
opinion
intimated
answer
moreover
consistently
recognized
basic
objective
act
disclosure
contending
foia
bars
disclosure
requested
equal
employment
opportunity
information
chrysler
relies
act
nine
exemptions
argues
require
agency
withhold
exempted
material
case
relies
specifically
exemption
foia
apply
matters
trade
secrets
commercial
financial
information
obtained
person
privileged
confidential
organization
act
straightforward
subsection
places
general
obligation
agency
make
information
available
public
sets
specific
modes
disclosure
certain
classes
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subsection
lists
exemptions
simply
specified
material
subject
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obligations
set
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terms
subsection
demarcates
agency
obligation
disclose
foreclose
disclosure
foia
exclusively
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statute
perhaps
demonstrated
convincingly
examining
provision
judicial
relief
subsection
gives
federal
district
courts
jurisdiction
enjoin
agency
withholding
agency
records
order
production
agency
records
improperly
withheld
complainant
provision
give
authority
bar
disclosure
thus
fortifies
belief
chrysler
courts
shared
view
incorrectly
interpreted
exemption
provisions
foia
act
attempt
meet
demand
open
government
preserving
workable
confidentiality
governmental
congress
appreciated
expanding
sphere
governmental
regulation
enterprise
much
information
within
government
files
submitted
private
entities
seeking
government
contracts
responding
unconditional
reporting
obligations
imposed
law
sentiment
government
agencies
latitude
certain
circumstances
afford
confidentiality
desired
submitters
congressional
concern
agency
need
preference
confidentiality
foia
protects
submitters
interest
confidentiality
extent
interest
endorsed
agency
collecting
information
enlarged
access
governmental
information
undoubtedly
cuts
privacy
concerns
nongovernmental
entities
matter
policy
balancing
accommodation
may
well
desirable
simply
hold
congress
design
foia
exemptions
mandatory
bars
disclosure
conclusion
supported
legislative
history
foia
enacted
dissatisfaction
apa
resulted
much
disclosure
agencies
congress
later
thought
desirable
statements
senate
house
reports
effect
exemptions
support
interpretation
exemptions
meant
permit
agency
withhold
certain
information
meant
mandate
nondisclosure
example
house
report
foia
sets
workable
standards
categories
records
may
exempt
public
disclosure
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legitimate
reasons
nondisclosure
foia
designed
permit
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cases
foia
lists
later
subsection
specific
categories
information
may
exempted
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iii
chrysler
contends
however
even
suit
injunctive
relief
based
foia
action
premised
trade
secrets
act
act
provides
whoever
officer
employee
department
agency
thereof
publishes
divulges
discloses
makes
known
manner
extent
authorized
law
information
coming
course
employment
official
duties
reason
examination
investigation
made
return
report
record
made
filed
department
agency
officer
employee
thereof
information
concerns
relates
trade
secrets
processes
operations
style
work
apparatus
identity
confidential
statistical
data
amount
source
income
profits
losses
expenditures
person
firm
partnership
corporation
association
permits
income
return
copy
thereof
book
containing
abstract
particulars
thereof
seen
examined
person
except
provided
law
shall
fined
imprisoned
one
year
shall
removed
office
employment
appeals
held
applicable
agency
disclosure
issue
disclosure
authorized
law
within
meaning
act
found
source
authorization
ofccp
regulations
dla
relied
deciding
disclose
information
hamtramck
newark
plants
chrysler
contends
agency
regulations
law
within
meaning
established
variety
contexts
properly
promulgated
substantive
agency
regulations
force
effect
law
doctrine
well
established
agency
regulations
implementing
federal
statutes
held
state
law
supremacy
clause
therefore
take
clear
showing
contrary
legislative
intent
phrase
authorized
law
held
narrower
ambit
traditional
understanding
origins
trade
secrets
act
traced
rev
stat
act
barred
unauthorized
disclosure
specified
business
information
government
revenue
officers
little
legislative
history
concerning
original
bill
passed
numerous
times
modification
remained
part
revenue
laws
congressional
statements
made
time
indicate
congress
primarily
concerned
unauthorized
disclosure
business
information
feckless
corrupt
revenue
agents
early
days
bureau
internal
revenue
field
agents
substantial
contact
confidential
financial
information
rev
stat
consolidated
two
statutes
involving
tariff
commission
department
commerce
form
trade
secrets
act
statute
governing
tariff
commission
similar
rev
stat
explicitly
bound
members
commission
well
commission
employees
commerce
department
statute
embodied
differences
form
mandate
addressed
bureau
foreign
domestic
commerce
director
reference
bureau
employees
contained
criminal
sanctions
unlike
statutes
also
exception
disclosures
authorized
law
effort
consolidat
three
statutes
congress
enacted
essentially
borrowed
rev
stat
tariff
commission
statute
find
nothing
legislative
history
predecessors
lends
support
chrysler
contention
congress
intended
phrase
authorized
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used
special
limited
meaning
find
anything
legislative
history
support
respondents
suggestion
address
formal
agency
action
essentially
antileak
statute
bind
heads
governmental
departments
agencies
require
expansive
unprecedented
holding
agency
action
directed
approved
agency
head
authorized
law
regardless
statutory
authority
action
attorney
general
brownell
recognized
long
enacted
reading
difficult
reconcile
congress
intent
consolidate
tariff
commission
commerce
department
statutes
explicitly
addressed
ranking
officials
rev
stat
also
inconsistent
settled
understanding
previously
shared
department
justice
continually
articulated
relied
upon
congress
legislative
efforts
last
three
decades
increase
public
access
government
information
although
existence
understanding
means
dispositive
shed
light
intent
enacting
congress
see
red
lion
broadcasting
fcc
fha
darlington
sum
conclude
address
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agency
action
appropriate
inquiry
whether
ofccp
regulations
provide
authoriz
ation
law
required
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order
regulation
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must
certain
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central
distinction
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regulations
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