
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
This Reading Room is the most comprehensive public database of opinions written by the Justice Department’s Office of Legal Counsel (OLC). It contains the approximately 1,400 opinions published by the OLC in its online database and the opinions produced in Freedom of Information Act litigation brought by the Knight Institute, including opinions about the Pentagon Papers, the Civil Rights Era, and the War Powers Act. It also contains indexes of all unclassified OLC opinions written between 1945 and February 15, 1994. Those indexes are also available as a comprehensive list here and in .csv format here.
The Knight Institute will continue updating the reading room with new records. To get alerts when the OLC publishes a new opinion in its database, follow @OLCforthepeople on Twitter.
Showing 2071–2080 of 2198
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Public Law 88‐313‐‐Issuance of permits to alien amateur radio operators
10/27/2020
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Draft proposals dealing with presidential succession, a vacancy in the office of Vice President, presidential inability and the election of the President and Vice President.
10/27/2020
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Whether it would be appropriate to protect from discrimination on account of race, color or national origin the contractors and subcontractors on Federal‐aid highway projects and those who seek to obtain such contracts and subcontracts
This opinion advised the Bureau of Public Roads that it could issue regulations under Title VI of the Civil Rights Act prohibiting racial discrimination in Federal-aid highway projects. Although the OLC noted that it was hesitant to conclude that contractors and subcontractors fell within the protections of Title VI, it approved the Bureau’s proposed regulations because it discerned Congressional “interest” in procurement practices with respect to the Federal-aid highway system expressed in other statutes.
5/16/2022
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Policy prohibiting officials and employees of the Federal Government or of the Government of the District of Columbia from appearing before segregated groups
This opinion concluded that the government had the authority, and potentially the legal obligation, to prohibit its employees from appearing before segregated groups. The OLC compared the participation of federal employees in activities promoting segregated groups to a court’s enforcement of racial covenants, which the Supreme Court concluded violated the Fourteenth Amendment in Shelley v. Kraemer.
5/16/2022
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Implementation of Civil Rights Act
This memo informed the White House that the Justice Department had established a task force to review agencies’ regulations implementing Title VI of the Civil Rights Act. The memo also noted that the Civil Rights Division had begun investigating discrimination in public accommodations in Alabama, Mississippi, and Louisiana.
5/16/2022
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Use of Marshals, Troops, and Other Federal Personnel for Law Enforcement in Mississippi
The problems of using large numbers of federal civilian law enforcement personnel in Mississippi are more practical than legal. So long as they confine themselves to investigation and prosecution of federal crimes, there is no legal problem. The practical problem is whether their presence serves to aggravate the emotions of the populace or alienate local law enforcement officials. On the factual assumption that there is a complete breakdown of state law enforcement as a result of Klan activity and Klan connections with local sheriffs and deputies, the President could, as a legal matter, invoke the authority of sections 332 and 333 of title 10 to use military troops in Mississippi. There is considerable information available that could be used to support that assumption as to some areas in Mississippi. But in view of the extreme seriousness of the use of those sections, the government should have more evidence than it presently has of the inability of state and local officials to maintain law and order—as a matter of wisdom as well as of law. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20911/download.
7/1/1964
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Possible Application of the Posse Comitatus Act to Use of Armed Forces in Mississippi Search
This opinion concluded that naval forces could be used in connection with the search for civil rights activists James Chaney, Michael Schwerner, and Andrew Goodman. The OLC reasoned that the Posse Comitatus Act did not apply to Navy personnel and applied only to law enforcement efforts rather than search-and-rescue operations.
5/16/2022
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Providing Government Films to the Democratic National Committee or Congressmen
Government motion picture films may be made available to the Democratic National Committee or congressmen when public release is authorized by statute. In the absence of statutory authority, government films may be made available to the Committee or congressmen on a revocable loan basis if a public interest can be shown to justify such loan and if the films are available equally to other private organizations. It would be improper for any government agency to produce a film for the specific purpose of making it available to the Democratic National Committee or to congressmen. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20801/download.
12/26/1963
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President's reliance on Federal judges for assistance in nonjudicial matters
5/16/2022
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Constitutionality of federal detention and commitment of narcotics addicts
5/16/2022