November 08, 2024
Column

Citizenry should rally behind its ‘Right to Know’

Thank heavens for C-SPAN. Those of us who choose may watch live coverage of Supreme Court nominee Samuel Alito’s confirmation hearings before the Senate Judiciary Committee on Capitol Hill.

Thank the law, however, when seeking information to which the public is entitled. If not for the Freedom of Information Act passed in 1966 – substantially strengthened in 1974, yet weakened in 1986 – citizens could ask for government information, but, more often than not, those requests were denied or ignored.

It has long been the consensus throughout this country that secrecy is the mortal enemy of democracy.

“The real security of a nation is the intelligence and understanding of its people. Every effort should be made by government – the servant and not the master – to assure that maximum information be available to the people who are the ultimate power under the Constitution.” Those words were from former Rep. John E. Moss, the “father” of the U.S. Freedom of Information Act.

This was more than four decades ago when members of Congress became aware of the ever-increasing secrecy permeating the government and allowing it to pursue policies without the knowledge or support of the public.

The Freedom of Information Act, signed by then-President Lyndon B. Johnson, was created to assure public access to records, since federal agencies tended to favor operating in secrecy.

“They still do,” reported the FOIA handbook published at the time as a public service by the Church of Scientology.

We’ve come a long way in 40 years, or have we? Again, from the FOIA handbook:

“Secret files, secret wars, and secret operations all demonstrate a trend that is likely to get worse if citizens do not effectively demand reform. Exposing government corruption as in Watergate and in the Iran-Contra affair provided examples of our executive branch running amok, on its own, with no congressional approval or support.

“Attempts will no doubt continue to be made, in the name of ‘national security,’ ‘executive privilege,’ even ‘the public interest’ to render ineffective the Freedom of Information Act, if this trend is allowed to go unopposed.”

Now, scale down to state and local levels of government where Maine’s own Right to Know Law comes under repeated assault by those who would keep closed the doors to the public’s business.

In 1959, the Maine Legislature passed a Freedom of Access law that guarantees our right to know what our government – state or local – is doing. These “open door” laws, otherwise known as “sunshine laws,” often have been disregarded until pressed, from time to time, by media lawsuits or widespread public criticism.

More often, the Right to Know Law is merely dodged – not necessarily violated – in police stations, in public utility meetings, in school board rooms and in town offices where proper public notice is not always provided, where too many executive sessions are permitted, where agendas are vague or warrant articles confusing.

It’s not enough to follow the Freedom of Information and Right to Know laws to the letter without understanding the intent of the laws and not using certain provisions to defeat their very purpose.

Every public official should want the “sunshine” in on all proceedings. Every citizen should demand it.


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