The 3rd U.S. Circuit Court of Appeals ruled in 2006 that a section of Delaware’s Freedom of Information Act is unconstitutional because it limits access to public records only to state residents. THE CASE is considered to be precedent-setting, according to legal experts, because there is little case law on the issue.
Virginia is among a handful of states outside the 3rd Circuit that still limits access rights to in-state residents (and media covering the state). To date, the restriction has not been challenged in the U.S. 4th Circuit, which has jurisdiction in Virginia.
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