Happy birthday, James Madison. To the rest of you, have a Happy Sunshine Week/Disclosure Day.
Madison's birthday, March 16, is celebrated as National Freedom of Information Day, honoring the author of the First Amendment. The week of March 16th is celebrated as National Sunshine Week (March 10th to 16th this year), calling for greater transparency in government actions.
Every year, journalists and advocacy groups seek to protect themselves under the First Amendment and two federal Freedom of Information Acts (1966 limited to paper documents, 1996 including electronic documents), and state open records laws. We hold events to help people better understand their rights. .
There are multiple issues underway this year that could reduce the public's ability to obtain government information. Key concerns include the impact of artificial intelligence on information and public access to government records, as state legislatures have introduced a number of bills that would restrict public access to information.
Even though Idaho law maintains that all jobs in the state should be open to the public, the state Legislature currently has House Bill 384 regarding school libraries, which affects the sale of state government facilities. House Bill 394, House Bill 395, addresses election messaging and government documents, and HB 409 deals with the sale of surplus state property.
Idaho's open records law already has 40 exceptions, in addition to the usual exemptions for ongoing criminal investigations and juvenile records, including archaeological records, trade secrets, including academic research, and Idaho housing. Financial association records, voting registration records, and underwriting and billing of the Idaho Oil Clean Water Trust Fund, among other things.
In Washington, 87 exceptions to the state's public records law include employee files, some investigative records, volunteer records, driver's license records, government mailing lists, draft policies, and employee recruitment exams. It includes questions and background checks, as well as financial information obtained by Clean Washington. A center that provides services related to the sale of recycled products and real estate transactions.
House Bill 2307 in Washington would also change the process for challenging public records denials by changing the administrative and judicial review processes, which would impact people's access to state records.
If the state and its agencies operate with taxpayer dollars, their records should be open and available to everyone. At the state and federal level, anyone can obtain information through open records or freedom of information requests.
A sample FOI request is a letter to a government agency's public records officer specifying what records are being sought under state and/or federal law. Requests can include any document that provides instructions or rules regarding the employee's response to the media, such as requests for interviews or documents regarding specific events or issues. Requests should be as specific as possible.
States reserve the right to include a minimum fee on any document, but applicants may request a fee waiver.
But freedom of information can go beyond actual documents.
One of the more pressing issues is when government agencies issue gag orders against their employees. The Society of Professional Journalists recently compiled a list of federal and state government agencies that prohibit their employees from speaking to the media. The list includes the federal Departments of Education and Energy, as well as the Energy Regulatory Commission and the Federal Aviation Administration. Several cities and boards of education across the country have also issued gag orders.
Federal agencies with vague or contradictory policies regarding interactions with the press include the National Park Service, Department of Agriculture, National Transportation Safety Board, Department of Labor, Department of Health and Human Services, and several district attorney's offices and cities . .
These gag rules have a chilling effect on the release of information, including information that is essential for the public to know and understand. Even if an employee knows about the corruption or could provide more details about the process, a gag order may prevent them from speaking out.
All citizens should be able to know how their money is being used. Not only does the Freedom of Information Act allow everyone to better understand our government, but publishing information also helps keep state and federal agencies accountable to the public.
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