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That's why courts generally apply a balancing test, weighing the plaintiff's right to privacy against the constitutionally protected presumption of openness in court.
The party said the bill was intended to replace outdated apartheid-era legislation and to "balance the presumption of secrecy with a presumption of openness".
Among the FOIA legislation's key provisions, it would establish a "presumption of openness" with government records, codifying a directive that Obama issued to all federal agencies in 2009.
Gavin Millar, QC for a range of media organisations including the Guardian, BBC and the Daily Mail, said the inquiry should operate on the presumption of openness.
"Just because this is a big case is no reason, and in fact is the worst reason, to change the normal presumption of openness of all court proceedings".
That presumption of openness would be in the interest of everyone — the Supreme Court, lawyers who practice before the court, scholars who study the court and, of course, the American public.
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Mr. Obama has ordered a wiser balancing of the needs of national security with "a presumption in favor of openness" — not just for the public, but for state and local agencies directly involved in counterterrorism.
"A set of common data access principles is being developed across the research councils: these principles start with a presumption in favour of openness and transparency, whilst ensuring appropriate protection and safeguards are in place to protect commercially sensitive and personal data," it says.
"There's a presumption for openness in Florida," she said.
Mark J. Rozell, a professor of politics at Catholic University and an expert on executive privilege, said the basic principle in a democracy should be that the presumption is in favor of openness and information is kept secret "only in the service of some absolutely clear national interest".
Hypnotizability and facets of openness.
More suggestions(15)
requirement of openness
notion of openness
presumption of public
presumption of lawfulness
presumption of honesty
presumption of intimacy
presumption of patent
presumption of prosecution
presumption of collegiality
presumption of correctness
presumption of optimism
presumption of innocence
presumption of evidence
presumption of validity
presumption of action
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com