Supreme Court of the United States

Food Marketing Institute, Petitioner v. Argus Leader Media, Dba Argus Leader

June 24, 2019139 S. Ct. 2356

Summary

The Supreme Court held that the Freedom of Information Act's Exemption 4 protects commercial or financial information as 'confidential' when the owner customarily keeps it private and provides it to the government under an assurance of privacy. The Court rejected the 'substantial competitive harm' test adopted by lower courts, interpreting the statutory term 'confidential' by its ordinary meaning. This interpretation allows private entities to withhold such information without proving that disclosure would cause significant competitive damage.