This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Food Marketing Institute, food Marketing Institute (FMI) alleges that Argus Leader Media disclosed its members' confidential store‑level sales information.
FMI argues that if the Court reverses, the only thing that will lead to its information being made public will be destroyed.
According to Robert M. Loeb, Argus Leader Media contends that Exemption 4 requires a showing of likely competitive harm, a standard that has been upheld for 45 years.
The case was argued before the Supreme Court at 10:05 a.m.
Background and question before the Court
The matter came on for oral argument before the Supreme Court of the United States at 10:05 a.m.
What each side argues
Food Marketing Institute (Petitioner)
According to Food Marketing Institute, FMI’s injury in fact is the disclosure of its members’ store‑level sales information that they keep secret.
According to Evan A. Young (Petitioner), according to Evan A. Young (Petitioner), FMI argues that there is substantial competitive harm and that the information must be confidential or privileged.
Argus Leader Media (Respondent)
According to Robert M. Loeb, if the Court reaches the merits, it should affirm the judgment of the Eighth Circuit, because Exemption 4 requires a showing of likely competitive harm, a standard supported by 45 years of case law.
What happened at oral argument
Justice Kagan asked the petitioner to clarify the brief’s description of confidentiality and the “non‑assurances” approach.
Justice Sotomayor asked if the petitioner accepts the “reasonable possibility of harm” test.
Justice Ginsburg asked what the standard would be if the agency must … (question truncated).
Chief Justice Roberts asked how many courts of appeals have adopted the petitioner’s approach.
According to Justice Breyer, Justice Breyer questioned why the harm test should not simply be called “harm”.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- f65e43b4e9f4ffcbecd8-r1-83a93e514b16a4d4.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.