Knight FOI Fund FAQs

What does the Knight FOI Fund pay for?

It’s easier to begin by stating that the Fund does not pay for attorneys’ fees. Instead, the fund is aimed at covering the costs of bringing litigation, which would include up-front costs such as court costs, filing fees, depositions and related expenses. The goal is to fuel the pursuit of critical FOI cases, and if attorneys are willing to take cases that otherwise would go unfiled, the Fund exists to ease the upfront expense.

How are cases selected?

Cases are selected by the state coalitions themselves, and should be forwarded to the NFOIC Litigation Committee for consideration with the recommendation of the coalition. The applicants can be media organizations, private citizens or local open government groups. The state FOI coalition should serve as the liaison for the applicant, and should be willing to answer any questions that the Litigation Committee might have about the case and its potential impact on the state of FOI law.

The Litigation Committee will review requests with attention paid to the following criteria:

• Is the proposed litigation meritorious and important? Does the action have potential significant precedent-setting value?
• Does the state FOI coalition recommend action? What are the potential risks involved, and are they outweighed by the arguments in favor of access?
• Does the request ask that the NFOIC join as a party? The NFOIC rarely, if ever, will join as a party, preferring to join amicus briefs instead.
• Has the requester secured counsel? And is it prepared to fund legal costs beyond the NFOIC's contribution?

If the FOI requester wins, what happens?

The NFOIC will ask for reimbursement to the fund of any court costs recovered by the requester in the event of litigation. We’d also ask that we work with you to publicize your victory!

How do I apply?

The first step is to complete the application. Next, contact your state FOI group, if you haven’t already. They will forward the request to NFOIC headquarters.

Read more about how to apply here.