Opinion
Sunshine Week 2009 takes place from March 15 through 21. The annual event is about the public's right to know what its government is doing, and why. Sunshine Week seeks to enlighten and empower people to play an active role in their government at all levels, and to give them access to information that makes their lives better and their communities stronger. Lake County News will present guest commentaries and news stories about open government as part of this year's Sunshine Week.
Do you want to know what your government is up to? What it's doing with your tax dollars? When it will propose a new health care policy? Where it's sending young men and women to fight? How it's regulating banks and bailing out the financial industry? Why children in our public schools aren't performing as well as their counterparts in other countries?
Of course you do. It's your right to know these things. Dozens of state and federal laws say so.
But governments have a million excuses for resisting those laws. They’ll say that disclosing information will endanger national security. Or invade someone's privacy. Or make it tougher to compete in the global marketplace.
Some of those excuses may sound pretty reasonable. Once in a while, they're probably justified.
But most of us are at least a little bit skeptical when the government says "No, you can't have that information." The government's business is the public's business. Unless there's a very good reason, we expect government to tell us what it's doing, and how it's doing it. In other words, we expect it to be accountable to us. After all, we're paying for it.
The Bush administration didn't see it that way. It expanded government's power to conceal more and more information about its operations, while increasing its authority to collect more and more information about each of us. Many state and local governments followed suit. Secrecy became the order of the day.
President Obama says he wants to change all that. On his first day in office, he issued a series of policy statements declaring "a new era of openness." He's promised that "transparency and the rule of law will be touchstones of this presidency." He's pledged to use the Internet to encourage the public to help create government policy.
Whether you voted for Obama or not, this is good news. If you're a supporter, you'll expect Obama to maintain the two-way flow of information that characterized his presidential campaign. If you’re not, you'll want to keep tabs on everything his administration does. These policies will help make that possible.
Everything won't change overnight. Undoing years of secrecy will take time, and some of Obama's initiatives have already prompted both praise and criticism. Defense Secretary Robert Gates' announcement in February that he would revise the 1991 policy forbidding the news media to photograph flag-draped caskets containing military remains arriving at Dover Air Force base is just one example.
Some view the new policy as a way to honor those who have made the ultimate sacrifice for their country, and to remind the public of the cost of war. Others contend that the media's presence will distress surviving family members unnecessarily, and encourage the use of the images for political purposes.
Similar debates will continue on the state and local level, too. Should the public have access to concealed weapons permits? Should government employees' e-mails be subject to disclosure? Or would this violate individuals’ privacy?
Different states will answer these questions in different ways. But the president is right: we should presume that government information is open to all of us, unless there's a very good reason why it shouldn't be. For much too long, government officials have acted as if this decision belongs to them alone. They concluded that what they're doing is none of our business, and told us to get lost.
The president's directives have sent a clear message. It's time to open the doors of government, and let the public in. And we won't settle for anything less.
Jane E. Kirtley is the Silha Professor of Media Ethics and Law at the University of Minnesota. An attorney and former journalist, she was the executive director of The Reporters Committee for Freedom of the Press from 1985-1999.
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- Written by: Jane E. Kirtley
Sunshine Week 2009 takes place from March 15 through 21. The annual event is about the public's right to know what its government is doing, and why. Sunshine Week seeks to enlighten and empower people to play an active role in their government at all levels, and to give them access to information that makes their lives better and their communities stronger. Lake County News will present guest commentaries and news stories about open government as part of this year's Sunshine Week.
There is reason to hope that an era of greater openness is coming. As we mark this fifth annual Sunshine Week, some of the recent clouds obstructing the public's right to know are giving way to more transparency. The American people are beginning to get a better glimpse of how their government works — or sometimes doesn't work so well.
Already there is some good news for the Freedom of Information Act (FOIA), the law that gives life to the public's right to know. Within hours of taking the oath of office, President Obama issued a historic directive to strengthen FOIA, turning a page after the overreaching secrecy of the last administration. He issued presidential memoranda on FOIA and Transparency and Open Government that will promote accountability and transparency in government, along with an Executive Order on Presidential Records that will give the American people greater access to presidential records. Under the leadership of the new attorney general, Eric Holder, the Justice Department in recent weeks has begun releasing to the public some of the legal memos that were used to greatly expand executive power in the name of security.
Congress this month approved the first budget for the Office of Government Information Services at the National Archives. Established in the 2007 OPEN Government Act that I authored with my longtime partner on open government issues, Sen. John Cornyn of Texas, this office will house a FOIA ombudsman, charged with mediating inter-agency FOIA disputes and helping to ensure that the public's FOIA requests are swiftly addressed. By including funds for this office in the omnibus appropriations bill, Congress is renewing its commitment to the provisions of the OPEN Government Act, which made the first major reforms to FOIA in more than a decade.
Not all the clouds have been dispelled. It should concern every American that traditional sources of reliable reporting are shrinking or disappearing. Newspapers that have served their communities for more than a century are struggling, and some are closing their doors for good. It was investigative reporting by newspapers that ultimately forced the government to concede the existence of torture by our country and the shame of the mistreatment of our veterans at Walter Reed.
Information is a freedom, but information also is a right and a requirement for effective self government. Information is a pillar of our democracy. Without it, citizens are kept in the dark about key policy decisions that directly affect their lives. Without open government, citizens cannot make informed choices at the ballot box. Without the people's access to public documents and a vibrant free press, officials can make decisions in the shadows, often in collusion with special interests, escaping accountability for their actions. And once eroded, these rights are hard to win back.
When the Congress unanimously passed the OPEN Government Act, Democrats and Republicans alike joined together in promising the American people a more open and transparent government. FOIA's defenders in Congress must work to ensure that that this was not an empty promise. I intend to build on the FOIA reform work that Sen. Cornyn and I began several years ago by proposing new legislation to further strengthen FOIA. The bipartisan success with the OPEN Government Act and President Obama's FOIA directive shows that open government is not a partisan issue. Open government is an American value and a virtue that all Americans can embrace.
Sunshine Week gives us the chance to celebrate our successes and size up the challenges that lie ahead. We can remind ourselves that a free, open and accountable democracy is what our Founders envisioned and fought to create. The public's right to know helps government learn from mistakes so they are not repeated.
It is the duty of each new generation to protect this vital heritage. At this difficult and historic time for our nation, we have the opportunity again to reaffirm a commitment to an open and transparent government on behalf of all Americans today, which we have in our power the ability to leave as an enduring legacy for future generations of Americans tomorrow.
Sen. Leahy (D-Vt.) was installed in the Freedom Of Information Act Hall of Fame in 1996 and is the 2009 recipient of the Robert Vaughn FOIA Legend Award. He is the author of the Electronic FOIA Amendments of 1996 and coauthor of the OPEN Government Act.
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- Written by: Sen. Patrick Leahy
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