Food Marketing Institute v. Argus Leader Media,

Argument:  April 22, 2019

Food Marketing Institute:  Whether the statutory term “confidential” in the Freedom of Information Act’s Exemption 4 bears its ORDINARY MEANING, thus requiring the government to withhold all “commercial or financial information” that is confidentially held and not publicly disseminated—regardless of whether a party establishes substantial competitive harm from disclosure—which would resolve at least five circuit splits.

Argus Leader Media:  The Supreme Court RETAINS the substantial-competitive-harm test, that test is satisfied when the requested information could be potentially useful to a competitor, as the U.S. Courts of Appeals for the 1st and 10th Circuits have held, or whether the party opposing disclosure must establish with near certainty a defined competitive harm like lost market share, as the U.S. Courts of Appeals for the 9th and District of Columbia Circuits have held, and as the U.S. Court of Appeals for the 8th Circuit required here.