Tagged: information

Access to Information: Putting Your Freedom Into Action

In the age of information, amidst the social media news phenomenon, bloggers need to educate themselves about the accesses they have to information and the process by which that information may be obtained to substantiate their stories pertaining to activities involving government agencies. Bloggers as well as the general public are afforded this evidence via the U.S. Freedom of Information Act (FOIA).  This Act as defined by the National Security Archive(NSA), “is a law ensuring public access to U.S. government records.”

FOIA Form Sample FOIA Request Form Provided by Dept of Homeland Security

The Freedom of Information Act was created for us to increase our knowledge of the workings of our government and its representative agencies. Per this Act, we are able to investigate agency practices, though there are exclusions to the kind of information we can access and a strict process for exercising our right.  According to NSA, “agencies of the United States government are required to disclose those records, unless they can be lawfully withheld from disclosure under one of nine specific exemptions in the FOIA.”

There are statutory exemptions that authorize the withholding of certain public records. A FOIA request may be made for any public record, but it doesn’t mean the agency will fulfill every detail in the request. Agencies withhold information pertaining, but not limited to, national security, trade secrets, personal privacy and law enforcement investigations. The solicited agency will determine and explain why requested information can’t be released.

U. S. Supreme Court where Access to Information cases are heard and the ultimate ruling is rendered. Photo By Miriam Stevens

Ultimately, this right of access is enforceable in court as in the case of Rep. Don Young, where the state official endured a criminal investigation for the misuse of state funds. The Department of Justice denied the FOIA request for the information, observing Young’s right to privacy, but “U.S. District Judge Gladys Kessler ruled that public interest in the case outweighs Young’s privacy rights.”

According to District of Columbia Attorney Conan N. Louis, the “FOIA was enacted to balance the interests of the individual for “sunshine,” and the protection of individual rights that are engendered in the U.S. constitution with those of government for national security, the effective administration of government, etc.” He further stated that “The issue has been the broad interpretation and, in some instances, expansion of those exceptions, particularly that for national security purposes.  A lot of information has been withheld under the guise of national security interests.”

 

Open Meeting Laws: Our Right to be in “The Know”

WDC Capital DC Capital Building where federal laws are made and the premise of the US Constitution is upheld. Photo By Nicole Lester

The District of Columbia is the nation’s Capital, the gathering place for lawmakers and proponents of the US Constitution.  It is also the place where the public’s “right to know”  was tested when two journalists that recorded a portion of a government proceeding that lead to their arrests. According to the DCist in the June 28, 2011 article by Martin Austermuhle, “Pete Tucker and Jim Epstein were arrested and charged with “unlawful entry/remaining” and “disorderly conduct.”

This followed an incident where Tucker used an “audio recorder” “trying to take a picture when an inspector from the commission stepped in front of him and told him photography was not allowed.” Ultimately, the charges were dropped but the issue exposed a loophole in the law because provisions were unclear.

According to Austermuhle, The “D.C. Open Government Coalition expressed its displeasure with the arrests and stressed that even though the right to record isn’t written into the city’s Open Meetings law, it doesn’t make sense to prohibit it”

Recording a meeting may vary upon county, city, state or federal levels, but for general purposes, a citizen’s right to know is an inalienable one provided by the Constitution.  According to Cornell University Law School, Legal Information Institute, First amendment rights “protects the right to freedom of religion and freedom of expression from government interference” and “consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances affords many rights to access information.”

In1976, the Government in the Sunshine Act was created to deflect from the issues that arose of the year pertaining to access to information and clarified the rights of citizens. The just of this Act entails the institution of “requirements to ensure that advance notice is given to the public before agency meetings take place”

court DC Court of Appeals where federal laws are executed. Photo Credit: Nicole Lester

“The basic premise of the sunshine legislation is that, “the people are the only legitimate foundation of power,” “Government is and should be the servant of the people, and it should be fully accountable to them for the actions in which it supposedly takes on their behalf.”  In certain circumstances, there are limitations to meetings and/or information, in which case it is closed from the public and the media, alike and mostly pertains to legal and/or court related matters.  According to the Government in the Sunshine Act:

  • “Information relating to national defense,
  • related solely to internal personnel rules and practices,
  • related to accusing a person of a crime,
  • related to information where disclosure would constitute a breach of privacy,
  • related to investigatory records where the information would harm the proceedings,
  • related to information which would lead to financial speculation or endanger the stability of any financial institution, and
  • related to the agency’s participation in legal proceedings.”

Various government and civilian organizations have been created to defend this law and educate citizens on the limitations to access to information.  U.S. Office of Government Ethics (OGE) was designed for the people, by the government to ensure compliance in its institutions. The citizen-lead, DC Open Government Coalition is one that works on behalf of citizens to “enhance the public’s access to government information and ensure the transparency of government operations.”

There are immediate resources to gain public access to information.  In age of 24-7 news, there are websites, blog sites and forums online to locate meeting, summaries etc. and TV channels that allows us to view our government at work from the comforts of our own homes. Citizens can make themselves more aware of the processes and participate in government, thus the designation of a Democracy.

According to Katherine Poole, DC Government Affairs Director, “Government officials represent and work on behalf of the people” and “the public has the right to attend hearings, meetings and legislative sessions to verify that they are doing just that.” She continued, “There is a check and balance system at play and citizens are apart of that.”