The cornerstone of a democracy is an open government. Access to information is essential to our ability, as citizens, to hold our government accountable. The importance of a comprehensive and workable state freedom of information law cannot be underestimated.

Examples of Freedom of Information Successes

According to a January 6, 2002 San Francisco Herald editorial, open records laws have allowed the following to be made public:

• An environmental group from Washington published lists of recipients of billions of dollars of federal farm subsidies, which showed that money that was supposed to go to small family farmers ended up in the hands of large agricultural corporations.
• A North Carolina newspaper revealed a utility company’s creative accounting scheme which prevented it from giving lower rates to 2 million North Carolina and South Carolina customers.
• USA Today uncovered documents that showed years of misconduct by the National Guard. Abuses found included the theft of life insurance payments intended for widows and children of Guardsmen, incidents of sexual harassment, and misuse of taxpayer dollars.

Further, OMB Watch reports that:

• A recent Greenpeace / Working Group on Community Right-to-Know report found that hundreds of thousands could be affected by a potential worst-case accident at industrial facilities in Louisiana. At the same time, security at the facility is woefully inadequate.
• Similarly, the Environmental Working Group found that up to seven million people in communities surrounding ten different DuPont plants are at risk from large chemical spills that could occur.

The threat to our health and safety from large chemical companies and toxic waste sites is not insignificant, and open records laws are essential in providing us with the information we need to remain aware of nearby hazards. OMB Watch further reports:

In 1999, the chemical industry successfully convinced Congress to restrict public access to industry information on the potential for chemical accidents to harm people where we live, work, or play. The Bush Administration recently withdrew plans to carry out legal mandates that would have eased public access to data on potential chemical fires and spills. Last year, the U.S. Environmental Protection Agency and the Justice Department issued a rule intended to keep the accident information from the Internet and forcing the public to go to extraordinary lengths to view “public” information. Lost in this proposal, of course, is the potential of such information to save lives, reduce pollution, and protect property. In Allentown, Pennsylvania, for example, an explosion rocked a chemical processing facility, killing five people and damaging a nursery school just hours after the children had left for the day. “We need to know,” one parent told reporters. “Obviously, no one knew what they did there.”

The Enron Scandal Points to the Need for More Freedom of Information

The Enron situation is representative of the imperative need for a more open government. Vice President Dick Cheney is refusing to hand over documents from secret meetings he attended with the corporation, and polls show that the public is wary of his actions. Federal agencies are even demanding access, and the New York Times reports that the General Accounting Office may file suit to force Cheney to turn over documents. Additionally, the Times reports that the head of the General Accounting Office has stated that he believes that Cheney was put in charge of energy policy just so he could claim executive privilege in order to circumvent Congress’ oversight.

Scandals generated by concealment of files and government meetings are often the impetus needed for the enactment of public access laws. For example, the current Enron situation shows the public’s desire for openness and the need for government accountability. Despite frequent requests by public agencies (including the United States Congress) and the press, the Administration refuses to divulge information obtained in secret meetings with Enron.

The New York Times reports that, “More than any of its recent predecessors, this administration has a penchant for secrecy. The Bush White House has steadfastly refused to tell Congress about contacts last year between corporate executives and a task force to develop energy policy headed by Vice President Dick Cheney.” It also reported strategists are getting concerned that Cheney’s response is adding to a public perception that the White House has something to hide, and a poll taken by the newspaper shows that a majority of Republicans believe that the administration has not been forthcoming about its interactions with Enron.

With scandals such as this as the driving force, states have instituted their own laws concerning access to public records and meetings. These laws are often called “sunshine laws” (when referring to open meetings) or open records laws.

Freedom of Information is a Right That Must Be Preserved

It is now more important than ever to work toward improving our laws of open government. Once we lose access to certain records and meetings, it will be even harder to get this access back. We are already losing ground. As reported by OMB Watch, the following states, along with a few others, have violated open records laws since September:

• New Jersey is withholding internet access to information collected under its Community Right-to-Know Survey. These reports dealt with chemical storage, including quantities and types of containers, for up to 1,200 different chemicals as required to be reported by 30,000 private sector facilities. This information was being used by firefighters who accessed it on the way to fires.
• Pennsylvania has removed environmental information detailing data on water and air quality, mining operations, and soil conditions from its website.
• Further, many states have not, even before the events of September 11, legally complied with state open records requests. Many journalists have investigated their states’ agencies and have found that a disturbing number of legal requests were not honored. For example, in Connecticut, a study undertaken by Southern Connecticut State University found that only 10 of 68 states agencies were granting access to public records citizens were legally entitled to. Better open records laws are needed to ensure that our democracy, as imagined by its creators, allows citizens the appropriate access necessary to make informed decisions.

SERC would like to give special thanks to the Bauman Foundation and OMB Watch for promoting the Right-to-Know Network (RTKNET) and forwarding the cause of freedom of government information.