William T. Mayo v. U.S. Gov't Printing Off., an Agency of the Gov't of the United States of Am., 9 F.3d 1450 (9th Cir. 1993). · Go Syfert
William T. Mayo v. U.S. Gov't Printing Off., an Agency of the Gov't of the United States of Am., 9 F.3d 1450 (9th Cir. 1993). Cases Citing This Book View Copy Cite
“just as the in excluding 'the courts of the united states,' 5 u.s.c. 551 (1)(b), excludes not only the courts themselves but the entire judicial branch, so the entire legislative branch has been exempted from the freedom of information act.”
14 citation events (13 in the last 25 years) across 7 distinct courts.
Strongest positive: America First Legal Foundation v. Roberts (dcd, 2025-12-18)
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) America First Legal Foundation v. Roberts (2×) also: Cited as authority (rule)
D.D.C. · 2025 · quote attribution · 1 verbatim quote · confidence high
just as the in excluding 'the courts of the united states,' 5 u.s.c. 551 (1)(b), excludes not only the courts themselves but the entire judicial branch, so the entire legislative branch has been exempted from the freedom of information act.
discussed Cited as authority (rule) Tara D. Wallace
Bankr. N.D. Ohio · 2024 · confidence medium
However, while the FOIA applies to any government “Agency” the statute’s definition of Agency specifically “does not include” (B) “the courts of the United States.” Id. at §551(1)(B), see also, Eli v. U.S. Drug Enforcement Administration, 878 F.3d 392, 397 (1st Cir. 2017)(“FOIA thus applies only to ‘agenc[ies],’ which the APA expressly defines to exclude ‘the courts of the United States.’); United 2 States v. Casas, 376 F.3d 20 , 22 (1st Cir.2004)(“The judicial branch is exempt from the [FOIA]”); Mayo v. U.S. Government Printing Office, 9 F.3d 1450, 1451 (9th Cir. …
cited Cited as authority (rule) Colonial Press International, Inc. v. United States
Fed. Cir. · 2015 · confidence medium
Printing Office, 9 F.3d 1450, 1451 (9th Cir.1993) (determining the GPO is a unit of Congress and therefore contained 'within the term “Congress” in § 551(1)).
discussed Cited as authority (rule) United States v. Angel Casas, United States v. John Correy, United States v. Angel Casas, United States v. Angel Luis Pizarro, United States v. Ramon Flores-Plaza, United States v. Raymond Nicolai Cabassa
1st Cir. · 2004 · confidence medium
The judicial branch is exempt from the Freedom of Information Act, see Mayo v. U.S. Gov't Printing Office, 9 F.3d 1450, 1451 (9th Cir.1993), and this case does not involve a right of public access to court documents because the memoranda at issue were never filed or otherwise incorporated into the record, cf. Banco Popular de Puerto Rico v. Greenblatt, 964 F.2d 1227, 1232 (1st Cir.1992) (no right of public access involved where discovery materials at issue were in the appellees' hands, not in the Clerk's Office). 11 Second, because the memoranda are not part of the district court record, see F…
discussed Cited as authority (rule) United States v. Casas
1st Cir. · 2004 · confidence medium
The judicial branch is exempt from the Freedom of Information Act, see Mayo v. U.S. Gov’t Printing Office, 9 F.3d 1450, 1451 (9th Cir.1993), and this case does not involve a right of public access to court documents because the memoranda at issue were never filed or otherwise incorporated into the record, cf. Banco Popular de Puerto Rico v. Greenblatt, 964 F.2d 1227, 1232 (1st Cir. 1992) (no right of public access involved where discovery materials at issue were in the appellees’ hands, not in the Clerk’s Office).
discussed Cited "see, e.g." Colonial Press International, Inc. v. United States (2×)
Fed. Cl. · 2013 · signal: see also · confidence medium
See United States v. Allison, 91 U.S. 303, 306, 307 (1875) (holding that the superintendent of the public printing officer, a predecessor of the GPO, the “government printing-office,” “is not under the control of any one of the executive departments,” and “is more responsible to Congress than to any other authority”); see also Mayo v. United States Gov’t Printing Office, 9 F.3d 1450, 1451 (9th Cir. 1993); Tatelbaum v. United States, 749 F.2d 729, 730 (Fed.
discussed Cited "see, e.g." Colonial Press International, Inc. v. United States (2×)
Fed. Cl. · 2013 · signal: see also · confidence medium
See United States v. Allison, 91 U.S. 303, 306, 307 (1875) (holding that the superintendent of the public printing officer, a predecessor of the GPO, the “government printing-office,” “is not under the control of any one of the executive departments,” and “is more responsible to Congress than to any other authority”); see also Mayo v. United States Gov’t Printing Office, 9 F.3d 1450, 1451 (9th Cir.1993); Tatelbaum v. United States, 749 F.2d 729, 730 (Fed.Cir.1984) (citing Int’l Graphics, Div. of Moore Bus.
Retrieving the full opinion text from the archive…
William T. MAYO, Plaintiff-Appellant,
v.
U.S. GOVERNMENT PRINTING OFFICE, an Agency of the Government of the United States of America, Defendant-Appellee
William Mayo, pro se., Matthew Collette, U.S. Dept, of Justice, Washington, DC, for defendant-appellee.
Choy, Canby, Noonan.
Cited by 9 opinions  |  Published

OPINION

NOONAN, Circuit Judge:

William T. Mayo appeals a denial by the district court of a preliminary injunction sought by him against the United States Government Printing Office (the GPO) enjoining the GPO from denying Mayo direct personal access to the GPO’s electronic Federal Bulletin Board containing Supreme[*1451] Court slip opinions. We affirm the judgment of the district court.

FACTS

According to Mayo’s complaint, he is the systems operator of a public electronic bulletin board service, commonly referred to as The Boundary Line BBS. The Boundary Line specializes in law relating to real estate and carries in electronic format a number of judicial slip opinions. Mayo wants to carry certain real estate-related slip opinions of the United States Supreme Court.

In early 1991, the GPO began to make slip opinions electronically available to all depository libraries, where individuals could access the opinions free of charge. Mayo had difficulty gaining access to the electronic slip opinions at the depository libraries and sought to have the GPO allow him direct electronic access. When the GPO refused Mayo’s FOIA requests for direct access, he initiated this suit. The GPO decided in 1992 that the project was not worth continuing and now operates a Federal Bulletin Board from which users can obtain government publications electronically for a fee. Included in the bulletin board are slip opinions of the Supreme Court from the 1991 term to the present.

PROCEEDINGS

Mayo’s first causes of action were stated under the Freedom of Information Act, 5 U.S.C. § 552. He asserts that the GPO is an agency of the United States and so not exempt from requests under this law.

Mayo also brought a common law claim alleging that he had a right to inspect and copy the public records maintained by the GPO.

The district court held that Mayo could not show á reasonable likelihood of success on either claim and denied his request for a preliminary injunction. Mayo appeals.

ANALYSIS

The Freedom of Information Act is a statutory grant of access to governmental records. The extent of the grant depends upon the terms of the Act. The Act explicitly defines the agencies subject to its provisions. The Act declares that “agency ... does not include the Congress,” 5 U.S.C. § 551(1)(A). The GPO is a unit of Congress. McKenzie v. Sawyer, 684 F.2d 62, 68 (D.C.Cir.1982). Mayo’s contention that “Congress” in the statute merely means the two houses of Congress is without support. Just as the Act in excluding “the courts of the United States,” 5 U.S.C. § 551(1)(B), excludes not only the courts themselves but the entire judicial branch, so the entire legislative branch has been exempted from the Freedom of Information Act. Cf. Ethnic Employees of Library of Congress v. Boorstin, 751 F.2d 1405, 1416 n. 15 (D.C.Cir.1985), citing Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136, 145, 100 S.Ct. 960, 966, 63 L.Ed.2d 267 (1980).

As for the common law right asserted by Mayo, a citizen has the right “to keep a watchful eye on the workings of public agencies.” Nixon v. Warner Communications, 435 U.S. 589, 597-598, 98 S.Ct. 1306, 1312-13, 55 L.Ed.2d 570 (1978). That does not mean that a citizen has the right to obtain free of charge in the form he desires public records that are readily available in another form. The slip opinions of the United States Supreme Court are provided to depository libraries throughout the land. There is no common law right to obtain them in electronic form from the GPO.

As neither of Mayo’s claims had any chance of success, the preliminary injunction was properly denied.

AFFIRMED.