NCJ Number
50656
Journal
Yale Law Journal Volume: 87 Issue: 8 Dated: (JULY 1978) Pages: 1601-1635
Date Published
1978
Length
35 pages
Annotation
THIS ARTICLE ATTEMPTS TO DEFINE THE RIGHTS OF RICHARD NIXON UNDER THE FIRST AMENDMENT AND FOURTH AMENDMENT TO THE CONSTITUTION WITH REGARD TO HIS PRESIDENTIAL MATERIALS.
Abstract
UNDER THE PRESIDENTIAL LIBRARIES ACT OF 1955, A PRESIDENT MAY DEPOSIT ANY OF HIS MATERIALS WITH THE ARCHIVIST AND IS FREE TO SET RESTRICTIONS ON ACCESS TO SUCH MATERIALS. FOLLOWING HIS RESIGNATION, NIXON DONATED HIS PRESIDENTIAL MATERIALS TO THE GOVERNMENT UNDER PROVISIONS OF THE PRESIDENTIAL LIBRARIES ACT, AND THE DONATION AGREEMENT PLACED STRICT LIMITS ON ACCESS TO THE MATERIALS AND PROVIDED FOR THEIR SELECTIVE DESTRUCTION UNDER NIXON'S DIRECTION. THE PRESIDENTIAL RECORDINGS AND MATERIALS PRESERVATION ACT ABROGATES THE TERMS OF NIXON'S DONATION AGREEMENT AND DIRECTS THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION TO CONTROL ALL MATERIALS ORIGINALLY COVERED BY THE DONATION AGREEMENT. WITH REGARD TO CONSTITUTIONALLY PROTECTED INTERESTS, PRESIDENTIAL MATERIALS CAN BE DIVIDED INTO TWO BROAD CATEGORIES, PUBLIC AND PRIVATE. MATERIALS ARE CONSIDERED PRIVATE BECAUSE OF THE CONTEXT IN WHICH THEY WERE PRODUCED RATHER THAN THE PARTICULAR INFORMATION THEY CONTAIN. REGULATIONS PROMULGATED BY THE GENERAL SERVICES ADMINISTRATION CALL FOR THE PERMANENT RETENTION OF MATERIALS THAT CONGRESS CANNOT CONSTITUTIONALLY RETAIN: THEY DO NOT ADEQUATELY DISTINGUISH PUBLIC MATERIAL FROM PRIVATE MATERIAL BUT DO PROVIDE FOR THE PERMANENT RETENTION OF PRIVATE MATERIALS FOR PURPOSES THAT VIOLATE THE FIRST AMENDMENT AND FOURTH AMENDMENT TO THE CONSTITUTION. THE NIXON CASE ILLUSTRATES THAT RETROACTIVE LEGISLATION DIRECTED AT PUBLIC MATERIALS OF A PRESIDENT DOES NOT NECESSARILY VIOLATE THE TWO AMENDMENTS. CONSTITUTIONALLY PROTECTED INTERESTS IN PRESIDENTIAL MATERIALS AND THE IMPORTANCE OF PRIVACY INTERESTS IN SUCH MATERIALS ARE DISCUSSED. (DEP)