People trying to get public records from their local and state governments find it easier than those seeking federal records, but run into high fees, rudeness and privacy barriers, according to a new study assisted by the Joseph L. Brechner Freedom of Information Project.

On the other hand, those seeking information from the federal government are less likely to receive it and encounter long delays, according to “Hometown transparency: Differences in local, state, and federal freedom of information experiences,” published in the latest issue of The American Review of Public Administration. The study was based on a survey of 330 people in the United States who have requested public records from their government. The article was authored by A.Jay Wagner of Marquette University, Jessica Sparks of Auburn University and David Cuillier, director of the Brechner FOI Project at the University of Florida College of Journalism and Communications.

“This confirms what journalists and others have encountered for years – that it is easier to get information out of local and state governments compared to the federal government, but it is still excruciatingly frustrating,” said Cuillier. “People shouldn’t encounter rudeness or high copy fees from City Hall to see the information they paid for with their own taxes.”

Federal agencies tend to have offices dedicated to handling public record requests, so the process is more routine, Cuillier said. Often, small local governments may not have dedicated employees to handle requests, so requesters are more likely to be viewed as a nuisance. On the other hand, he said, federal agencies are bogged down with so much red tape and backlogs, and more likely to apply national security exemptions, that it is more difficult to ultimately get records.

Last year, the federal government received more than 1.5 million requests under the Freedom of Information Act (FOIA), a 25% increase from the 1.2 million in the preceding year. Backlogs and delays have doubled in the past decade, according to Cuillier. “It’s about to get even worse as FOIA staff are being laid off in the federal government and more barriers are being put up to block public access to information,” he said. “Congress should provide direct funding to agencies to ensure the system actually works, and is taken seriously.”

Overall, people who request public records rate their experience as poor or just OK. More training of public record custodians at the local and state levels could improve the user experience, the researchers suggest. Also, copy fees should be greatly reduced or eliminated at the state and local level, as they are less likely to be used by federal agencies.

The comprehensive survey of public records requesters was the first of its kind in the nation, and resulted in several revelations published in peer-reviewed journals, including the lack of demographic and political diversity among record requesters,  the fact people seeking information for the public good face the most barriers, including excessive copy fees, that discourage them from pursuing records. The study was aided by Sparks, who worked for the Brechner FOI Project as a graduate student before starting at Auburn in 2024.

The non-partisan, nonprofit Brechner Freedom of Information Project, founded in 1977, works to educate journalists, policymakers and the general public about the law of access today and how it should work tomorrow. The Project, based in Weimer Hall 1204 at the University of Florida College of Journalism and Communications, is a source of research, expertise and advocacy about the law of gathering and disseminating news across all platforms and technologies. For more information, visit the website at https://brechner.jou.ufl.edu/FOI/, or contact Dr. David Cuillier, director, at cuillierd@ufl.edu.

Posted: October 7, 2025
Category: Brechner News
Tagged as: Brechner Center for Freedom of Information, Brechner Freedom of Information Project, David Cuillier, FOI