Marks v. Central Intelligence Agency’s Empirical Analysis
1976
Citation profile
5 federal appellate · 2 district ·
Relationships
Applies 50 U.S.C. § 403 (§ 102 of the National Security Act of 1947) · 50 U.S.C. § 403G (Servicemembers Civil Relief Act) · 5 U.S.C. § 552 (Freedom of Information Act)
Relies on Vaughn v. Rosen · Jones v. Nor-Tex Agencies, Inc. · United States v. Richardson · Examining Board of Engineers v. de Otero · Administrator, Federal Aviation Administration v. Robertson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This section does not apply to matters that are— ****** (3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; $ $ $ $ sfc % (7) investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel;”
1 later decision quote this exact passage · from the majority“(d) Powers and duties. For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council— ****** (3) to correlate and evaluate intelligence relating to the national security, and provide for the appropriate dissemination of such intelligence within the Government using where appropriate existing agencies and facilities: Provided, That the Agency shall have no police, subpena, law-enforcement powers, pr internal-security functions: Provided further, That the departments and other agencies of the Government shall continue to collect, evaluate, correlate, and disseminate departmental intelligence: And Provided Further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; ....”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.