U.S. Supreme Court Holds That Virginia Can Exclude Non-Citizens From Access to Public Records

Last month, in McBurney v. Young, the Supreme Court of the United States considered whether Virginia’s Freedom of Information Act, which provides open access to and copying of public records solely to citizens of the Commonwealth of Virginia, violated the U.S. Constitution by denying non-Virginians access to Virginia public records. In an unanimous decision, the Supreme Court upheld the Commonwealth’s limitation of access to Virginia citizens, finding that it did not violate the Privileges and Immunity Clause of Article IV. To read the Supreme Court’s opinion, click here, and to read an article analyzing the opinion, click here.