Best FOIA Tips for Beginners: A Practical Guide
By Matthew Bovee, Investigative Journalist Lincoln Nebraska
The Freedom of Information Act (FOIA) is the most powerful tool in an investigative journalist’s arsenal. It allows citizens to request documents from federal agencies, opening doors to stories that powerful interests would rather keep hidden. But FOIA can also be frustrating, slow, and confusing — especially for beginners.
After two decades of filing FOIA requests, I’ve learned a few tricks that can mean the difference between getting the documents you need and waiting months — or years — for nothing. Here’s what I wish I knew when I started.
Understanding FOIA: The Basics
FOIA is a federal law that gives anyone the right to request records from government agencies. It was signed into law in 1966 and has been amended several times since. Every federal agency — from the FBI to the Department of Agriculture — must comply with FOIA requests, with certain exemptions.
But here’s the secret: FOIA doesn’t just apply to federal agencies. Almost every state has its own public records laws, and many are stronger than the federal FOIA. Nebraska’s public records law, for example, is one of the most robust in the country.
Why FOIA Matters
Every major investigation I’ve done has relied on FOIA in some way. Documents obtained through FOIA have exposed:
- Government waste and fraud
- Abuse of power by public officials
- Safety violations hiding in plain sight
- Patterns of discrimination
The beauty of FOIA is that it levels the playing field. You don’t need a source inside the government. You just need patience, persistence, and a clear understanding of what you’re asking for.
Tip 1: Know What You Want
The most common mistake beginners make is being too vague. “I’d like any documents related to X” is a recipe for delay or denial. Agencies are overwhelmed with requests, and vague requests are easy to ignore.
Be Specific
Instead of: “Any emails about environmental violations”
Try: “All emails between January 1, 2025 and March 31, 2025 between [specific officials] discussing [specific facility] environmental compliance”
The more specific you are, the harder it is for the agency to claim the request is overly broad. And the more likely you’ll get exactly what you’re looking for.
Break It Down
If your topic is broad, break your request into smaller, targeted requests. This has several advantages:
- You get documents faster (agencies process smaller requests first)
- You can refine future requests based on what you learn
- You’re less likely to get denied as “overly broad”
Tip 2: Know the Exemptions
FOIA has nine exemptions that allow agencies to withhold documents. Understanding these exemptions is crucial for crafting requests that survive scrutiny and for appealing when you’re wrongly denied.
The Most Common Exemptions
Exemption 4: Trade Secrets and Commercial Information This is often used to shield corporate secrets submitted to agencies. But it’s not a blanket protection — agencies must show that disclosure would harm the submitter’s commercial interests.
Exemption 5: Inter-Agency or Intra-Agency Memoranda This protects internal government deliberations. But it doesn’t cover factual material or documents that simply factual observations — only the deliberative process itself.
Exemption 7: Records Compiled for Law Enforcement Purposes This is one of the most abused exemptions. Agencies often claim that law enforcement records are exempt, but the protection is limited to certain types of harm.
How to Work Around Exemptions
Don’t give up when you hit an exemption. Often, you can request:
- Redacted versions of documents (with the exempt material blacked out)
- Summaries of the documents you’re seeking
- The portions of documents that aren’t exempt
Tip 3: Use the Right Language
The words you use matter. Agencies are required to interpret requests broadly, but they have discretion in how they interpret them. Using the right language can speed up processing and improve your chances of success.
Words That Work
- “Records” instead of “documents” (more legally precise)
- “Electronic format” if you want searchable files
- “As soon as practicable” to emphasize urgency without being demanding
- “Fee waiver” if your request is in the public interest
Words to Avoid
- “Any and all” (sounds vague and can be denied as overly broad)
- “Immediately” (unrealistic and can be ignored)
- “All documents relating to…” (too broad)
Tip 4: File Strategically
Timing and method matter. Here’s how to maximize your chances:
File Early in the Week
Agencies process requests in the order they receive them. Filing on Monday morning means your request hits the queue before the weekend’s backlog.
Use the Online Portal
Most agencies now accept FOIA requests through online portals. This:
- Creates a timestamped record
- Ensures your request goes to the right office
- Allows you to track the status online
Follow Up
After 10 business days, follow up. A polite email asking about the status can:
- Remind the agency your request exists
- Identify any issues with your request
- Build a relationship with the FOIA officer
Tip 5: Appeal Aggressively
If you’re denied, appeal. It’s that simple. Most denials are never appealed, which means agencies get away with improper withholdings.
The Appeal Process
FOIA allows you to appeal any denial to the agency’s Office of General Counsel. Your appeal should:
- Cite the specific exemption claimed
- Explain why the exemption doesn’t apply
- Provide any additional context that supports disclosure
Don’t Give Up
I’ve had appeals take over a year. But I’ve also had appeals succeed where initial requests were denied. The system works — but only if you use it.
Tip 6: Build Relationships
FOIA is easier when you know people. Building relationships with FOIA officers, librarians, and other journalists can:
- Help you understand how an agency operates
- Give you early warning about policy changes
- Speed up processing of your requests
Join FOIA Communities
There are many online communities where FOIA experts share tips and strategies. The National FOIA Association and IRE (Investigative Reporters and Editors) are great places to start.
My FOIA Toolkit
Over the years, I’ve developed a toolkit that makes FOIA requests faster and more effective:
- Request templates for common types of documents
- A tracking spreadsheet to monitor pending requests
- A fee waiver library with examples of successful requests
- A list of agency FOIA officers with their contact information
Conclusion
FOIA is not easy. It requires patience, persistence, and a thick skin. But it’s also one of the most powerful tools we have for holding power accountable.
My advice to new journalists: start small. File your first FOIA request on a topic you care about. Learn from the experience. And keep filing.
The more you use FOIA, the better you get at it. And the more likely you are to find the documents that change the story.
Matthew Bovee is an award-winning investigative journalist based in Lincoln, Nebraska. He has filed hundreds of FOIA requests over his career and teaches investigative journalism at the University of Nebraska-Lincoln.