180
Opinion of the Court
taliation); Donovan v. FBI, 806 F. 2d, at 60-61 (on facts of this case, in which FBI investigated murder of American churchwomen in El Salvador, "it cannot be doubted that the FBI's investigation would have been severely curtailed, and, perhaps, rendered ineffective if its confidential sources feared disclosure"); Parton v. United States Dept. of Justice, 727 F. 2d 774, 776-777 (CA8 1984) (prison officials who provided information about alleged attack on inmate faced "high probability of reprisal"); Miller v. Bell, 661 F. 2d, at 628 (individuals who provided information about self-proclaimed litigious subject who sought to enlist them in his "anti-government crusade" faced "strong potential for harassment"); Nix v. United States, 572 F. 2d 998, 1003-1004 (CA4 1978) (risk of reprisal faced by guards and prison inmates who informed on guards who allegedly beat another inmate supported finding of implied assurance of confidentiality).
We think this more particularized approach is consistent with Congress' intent to provide " ' "workable" rules' " of FOIA disclosure. Reporters Committee, 489 U. S., at 779 (quoting FTC v. Grolier Inc., 462 U. S. 19, 27 (1983)); see also EPA v. Mink, 410 U. S. 73, 80 (1973). The Government does not deny that, when a document containing confidential source information is requested, it generally will be possible to establish factors such as the nature of the crime that was investigated and the source's relation to it. Armed with this information, the requester will have a more realistic opportunity to develop an argument that the circumstances do not support an inference of confidentiality. To the extent that the Government's proof may compromise legitimate interests, of course, the Government still can attempt to meet its burden with in camera affidavits.
IV
The Government has argued forcefully that its ability to maintain the confidentiality of all of its sources is vital to effective law enforcement. A prophylactic rule protecting
Page: Index Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: October 4, 2007