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Clinton puts 7,000+ Supreme Court decisions on Web from FLITE

daemon@ATHENA.MIT.EDU (James Love)
Wed Sep 25 20:18:04 1996

Date: Wed, 25 Sep 1996 14:39:10 -0500 (CDT)
From: James Love <love@tap.org>
To: Multiple recipients of list PACS-L <PACS-L@UHUPVM1.UH.EDU>
Reply-To: Public-Access Computer Systems Forum <PACS-L@UHUPVM1.UH.EDU>

----------------------------Original message----------------------------
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INFO-POLICY-NOTES / newsletter available from listproc@tap.org
-----------------------------------------------------------------
INFORMATION POLICY NOTES
September 24, 1996

-    Today the Clinton Administration published 7,000+ Older U.S.
     Supreme Court Decisions on the Web, after a long dispute
     over public access to Air Force FLITE database of legal
     information.  FLITE is the nation's oldest computer
     assisted legal research program, which began in 1963,
     and is still in operation.  Until today, no court
     cases from FLITE had been available to the public.

-    The action places all U.S. Supreme Court Decisions from
     1937 to 1975 on the Web.  These include decisions from
     volumes 300 through 422 of U.S. Reports (the Official
     federal government reporter of U.S. Supreme Court
     Decisions).

-    The cases are now available from Fedworld, at
     http://www.fedworld.gov/supcourt/index.htm,
     and can be searched by keyword or by names of parties.
     The Government Printing Office (GPO) will soon have the
     opinions available on GPO Access.  We assume that
     anyone can obtain the entire database.  (As is required
     under the Paperwork Reduction Act.)

-    The battle over public access to court opinions now
     shifts to newer opinions from the Supreme Court, and
     lower court opinions.

-    "Slip" opinions from the Supreme Court from 1990 are
     generally available on the Web.  The Cornell site is:
     http://www.law.cornell.edu/supct/

-    The U.S. Supreme Court has printing tapes of most U.S.
     Supreme Court opinions published since the late 1970s.
     These tapes could be converted into HTML documents for
     publishing on the Web, but the Supreme Court still
     refuses to release them to the public.  This is a benefit
     mainly to West Publishing, the large legal
     publishing firm that asserts a monopoly on citations
     and the text of corrected court opinions from lower
     federal courts.  West is an active supporter of many
     favorite court charities, and until recently, spent
     large sums on lavish vacations for several members of
     the Supreme Court.for background.  See for example:

http://www.essential.org/listproc/info-policy-notes/0038.html
http://www.essential.org/listproc/info-policy-notes/0142.html
http://www.startribune.com/westpub/

-    The Clinton Administration has yet to release a huge
     collection of lower court decisions and more recent
     Supreme Court decisions from Air Force FLITE database.
     The refusal is due in part to controversial assertions
     of copyright to the text of corrected court opinions by
     West.  These copyright assertions did not come
     into play in the pre-1974 opinions, which were based
     upon the government's own reporter of court decisions.

-    White House Aide Tom Kalil, an active supporter of
     better public access to government information, played
     important role in persuading the Clinton Administration
     to release these important records.  The press release
     announcing the release of the records was signed by
     Sally Katzen Administrator of OMB's Office of
     Information and Regulatory Affairs.  We have been
     asking Katzen to do something about this for the past
     four years.  The Air Force had been reluctant to release
     the opinions, for fear that West would cause the funding
     for FLITE to be eliminated, based upon West's impressive
     political influence.  See West campagin contributions at:
     http://www.essential.org/cpt/legalinfo/westcontrib.html

    James Love, CPT & TAP
    202-387-8030, love@tap.org


The Katzen press release is attached.

Background on the access dispute for FLITE is found in:

http://www.essential.org/listproc/info-policy-notes/0185.html
http://www.essential.org/listproc/info-policy-notes/0221.html


More general background on dispute over legal information is at:

http://www.essential.org/cpt/legalinfo/legalinfo.html


The OMB release follows:

------------------------------------------------------------
Date: Tue, 24 Sep 1996 16:09:52 -0400 (EDT)
From: "Peter N. Weiss (202) 395-3630" <WEISS_P@a1.eop.gov>
Subject: FLITE materials now available on-line

   HISTORIC FILE OF SUPREME COURT DECISIONS AVAILABLE ON-LINE

     I am pleased to announce that the U.S. Air Force has agreed
to release a historic file of Supreme Court decisions from its
FLITE ("Federal Legal Information Through Electronics") system.
The file consists of over 7000 Supreme Court opinions dating from
1937 through 1975, from volumes 300 through 422 of U.S. Reports.

     The decisions can be accessed on the National Technical
Information Service's FedWorld system (http://www.fedworld.gov)
and will soon be available on the Government Printing Office's
GPO Access system (http://www.access.gpo.gov).

     This file had previously been determined to be exempt from
release under the Freedom of Information Act by the U.S. District
Court for the Northern District of California.  That decision was
not appealed.  Nonetheless, the Air Force has agreed as a matter
of discretion to release these materials.


Sally Katzen
Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

September 25, 1996

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