Are bloggers representatives of the news media under the freedom of information act?

Courts currently apply a functional test to determine whether a person making a request under the federal Freedom of Information Act (FOLA) is a "representative of the news media" and therefore qualifies for a statutory waiver of fees associated with the request. The applicability of this caselaw to bloggers and other Internet journalists has yet to be resolved in a definitive fashion. This Note considers the policy implications of extending or withholding favorable fee status and argues that either extreme has negative consequences. The Note proposes that the current functional test be supplemented by an inquiry into the content of the requested material. This approach will efficiently and effectively ensure that the waiver serves FOIA's purpose of promoting public understanding of government activities.