One of Thompson's amendments states that applicants are entitled to a refund of attorney's fees only if the records are clearly of significant interest to the general public and if the public body had no good reason for withholding them. In effect, the odds are often slightly stacked in favor of the record holders. Some of the roadblocks encountered by FOIA applicants are daunting, and many people have questioned the effectiveness of the law. There are some people who think that the act helps. In many places, the language of FOIA does not require the release of information but instead merely allows it.
Attorneys disagree about what the act's major flaws are.
Helle said Thompson weakened the act when he deleted the criminal penalty for withholding information, and the absence of penalties for withholding information has left public bodies with no incentive to release public records. Craven thinks the problem lies elsewhere. In many cases, by the time public bodies get around to releasing information, it may no longer be of significant public interest. Colleges are by far the most difficult entities to get records from. As outlined in the University's student code, students can get their own academic and disciplinary records.