Briefs & filings
Forum on Open Access to Government Records, Inc. v. Dallas County Historical Foundation & NARA, No. 3:25-CV-2034-B (N.D. Tex.).
The Museum's motion to dismiss
Briefing on the copyright causes of action against the Sixth Floor Museum.
Doc. 19 · Filed 2025
The Museum's Brief in Support of Its Motion to Dismiss
Dallas County Historical Foundation (The Sixth Floor Museum)
The Museum argues there is no justiciable controversy over the Zapruder copyright and that the Forum's copyright causes of action fail as a matter of law.
Doc. 21 · Filed 2025
The Forum's Opposition to the Museum's Motion
Forum on Open Access to Government Records, Inc.
The Forum's response: the Museum's licensing refusals plus its FOIA objections create a live controversy, and waiver, abandonment, and fair use are adequately pleaded.
Doc. 24 · Filed 2025
The Museum's Reply
Dallas County Historical Foundation (The Sixth Floor Museum)
Reply in support of dismissal, pressing the absence of any threatened enforcement and the sufficiency of the copyright's protection.
NARA's motion to dismiss
Briefing on FOIA jurisdiction and the electronic reading room.
Doc. 28 · Filed 2025
NARA's Motion to Dismiss
National Archives and Records Administration
NARA argues the Court lacks jurisdiction to order publication to the electronic reading room and that the 1996 flush language excludes pre-1996 records.
Doc. 30 · Filed 2025
The Forum's Opposition to NARA
Forum on Open Access to Government Records, Inc.
The Forum's response: courts may enjoin agencies to publish frequently requested records, and the 2016 amendment's categorical opening line governs.
Doc. 31 · Filed 2025
NARA's Reply
National Archives and Records Administration
NARA's reply in support of dismissal, pressing the D.C. Circuit's narrower view of FOIA's remedial scope.
The 2024 FOIA suit and Ninth Circuit appeal
The earlier case against the National Archives, now on appeal.
Doc. 49 · 2025
Order Granting Summary Judgment (2024 FOIA suit)
U.S. District Court
The decision in the earlier FOIA suit against the National Archives, granting summary judgment because the requester had not obtained copyright permission.
Doc. 1 · Filed on appeal
Appellant's Opening Brief (Ninth Circuit)
Appellant
The opening brief on appeal to the Ninth Circuit challenging the summary judgment ruling in the 2024 FOIA suit.
The Court's ruling
One order resolving both motions.