IN THE Supreme Court of the United States OCTOBER TERM, 1977 No. 77-922 CHRYSLER CORPORATION, Petitioner V. HAROLD BROWN, et al., Respondents On Writ of Certiorari to the BRIEF AMICUS CURIAE ASSOCIATION OF AMERICAN MEDICAL COLLEGES JOSEPH A. KEYES, JR. One Dupont Circle, N.W. Attorney for Amicus Curiae PRESS OF BYRON S. ADAMS PRINTING, INC., WASHINGTON, D. C. I. An Investigator's Ideas and Creative Work Are II. An Investigator's Ideas, Properly Handled, III. Exemption 4 of the FOIA is of Crucial Significance in the Protection of an Investigator's Ideas IV. Harm to the Public Interest Results from Current Unpredictability of Protection from Disclosure 5 7 8 17 ... V. The FOIA Must be Interpreted Consistent with Relevant Constitutional and Statutory Provisions and with the Public Interest CONCLUSION APPENDIX A 20 21 la APPENDIX B 32-635 - 78 12 4a ii CASES: TABLE OF AUTHORITIES Ex Parte Hershberger, 96 U.S.P.Q. 54 (Bd. App. 1952) Indiana General Corp. v. Lockheed Aircraft Corp., 249 Page .13, 14, 15 Petkas v. Staats, 501 F. 2d 887 (D.C. Cir. 1974) Washington Research Project, Inc. v. Weinberger, 504 CONSTITUTIONAL AND STATUTORY PROVISIONS: 14 13 . 10, 12, 15 United States Constitution, Article I, Section 8, Paragraph 8 United States Constitution, Amendment V 220 3 86 Stat. 770 (Federal Advisory Committee Act) OTHER AUTHORITIES: Basic Data Relating to the National Institutes of Health, DHEW Publication No. (NIH) 77-1261, 1977 2,6 Government Accounting Office, "Problem Areas Affecting Usefulness of Results of GovernmentSponsored Research in Medicinal Chemistry," GAO Report No. B-164031 (2) (1968) ... 18 Table of Authorities Continued iii Page Hearings on the Business Record Exemption of the Freedom of Information Act before a Subcommittee of the House Committee on Government Operations, 95th Cong., 1st Sess. (1977), page 321 .... 10 Letter to Heads of all Federal Departments and Agencies re: "Freedom of Information Act," dated May 5, 1977, from Griffin B. Bell, Attorney General National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, "Disclosure of Research Information Under the Freedom of Information Act," DHEW Publication No. (OS) 77-003 (1977) 16 21 Report of the President's Biomedical Research Panel, Fairly," 179 Science (No. 4069) 158, 159 (1973) .. Watson, "The Sharing of Unpublished Information," second Frank Nelson Doubleday Lecture for 197374, at the National Museum of History and Technology, January 29, 1974 .. 121 Cong. Rec. H 12379 (1975) 5 .9, 10 12 IN THE Supreme Court of the United States OCTOBER TERM, 1977 No. 77-922 CHRYSLER CORPORATION, Petitioner V. HAROLD BROWN, et al., Respondents On Writ of Certiorari to the BRIEF AMICUS CURIAE ASSOCIATION OF AMERICAN MEDICAL COLLEGES OPINIONS BELOW The opinion of the court of appeals is reprinted as Appendix A to the Petition for a Writ of Certiorari. The opinion of the district court is reported at 412 F. Supp. 171. JURISDICTION The jurisdiction of this Court rests on 28 U.S.C. § 1254 (1). CONSENT TO FILE This Amicus Curiae brief is being filed with the consent of all the parties to the proceeding. Letters of consent of all parties to the case have been filed with the Clerk of the Court. |