Freedom of Information Act Signed After Decade of Executive Branch Opposition

On July 4, 1966, President Lyndon B. Johnson reluctantly signed the Freedom of Information Act (FOIA), establishing for the first time a legal right for citizens to access federal agency records. The legislation overturned the presumption of government secrecy that had prevailed since the founding, replacing it with a presumption of openness with specific, limited exemptions.

Representative John Moss of California had championed the legislation for eleven years, overcoming determined opposition from every executive branch agency. The Department of Justice, Pentagon, and intelligence agencies argued that disclosure would impair government operations and national security. Even agencies with no legitimate secrecy concerns resisted transparency as a matter of institutional culture. Every president from Truman through Johnson opposed the bill.

Johnson signed the law only after intense pressure from the press and growing congressional support, but he did so without ceremony, issued a signing statement emphasizing executive prerogatives to withhold information, and privately expressed his displeasure. His administration had fought the bill to the end, proposing weakening amendments and working to ensure maximum exceptions.

The original FOIA was significantly limited. Agencies could charge search and copy fees that made requests prohibitively expensive. There were no deadlines for agency responses. Agencies routinely delayed or ignored requests without consequence. The nine exemptions were broadly interpreted to deny access. These weaknesses would require amendments in 1974, 1976, and subsequent years to create a more functional transparency system.

Despite its limitations, FOIA established a revolutionary principle: government information belongs to the public, and citizens have a right to access it. The law enabled investigative journalism, academic research, and public interest advocacy that exposed government misconduct, corporate influence, and policy failures. Documents released under FOIA have informed understanding of everything from the Pentagon Papers to environmental contamination to intelligence agency abuses.

FOIA’s signing on Independence Day was deliberately symbolic, connecting government transparency to democratic founding principles. The decade-long struggle to pass it demonstrated how deeply embedded secrecy was in executive branch culture, and how difficult achieving transparency would remain even after the law’s passage.