Gathering Information: Records and Meetings
| 1. Is there a "right to know" what the government is doing? | |
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An informed electorate needs to know
about some things |
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Should it know everything? |
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| How far does public access to information go? | |
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No explicit Constitutional guidelines |
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(Congress - Article
1, Section 5, paragraph 3) |
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At the time of the drafting of the Constitution,
newsgathering was not a function of the media |
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| The Courts have been reluctant to find this right in the Constitution | |
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| 2. Is there a right to gather news or attend meetings? | |
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Note that in the first question, it is
the public, every citizen, that has a stake in the answer. In the second,
it is typically the media that has a stake. |
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Courts have been reluctant to find any
special rights for the media that aren't enjoyed by the public. |
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(Implications for undercover reporting
- the media can't claim a special exemption from laws such as trespassing,
breaking and entering, wiretapping etc. when gathering news) |
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Since the Constitution doesn't provide
much clarity with regard to a right to know, legislatures have attempted
to provide clarity. |
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| A. Open Records | |
| Freedom of Information Act (1966) | |
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federal law |
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Designed to open records and files to
public inspection |
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Applies to federal government agencies |
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(not to Congress, the President, the
Courts, or state/local governments) |
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In 1996, the FOIA was amended to include
electronic info |
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| What is a record? | |
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creation and possession can be key determinants |
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so can whether or not the record is part
of an agency's official duties |
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| The Nine exemptions | |
| 1. national security | |
| 2. housekeeping practices | |
| 3. statutory exemption | |
| 4. trade secrets | |
| 5. working papers/discovery | |
| 6. personal privacy | |
| 7. law enforcement | |
| 8. financial records | |
| 9. geological data | |
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| FOIA procedures | |
| Anyone can file a FOIA request | |
| see SPLC or RCFP | |
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| Upon receiving a request, the agency: | |
| may delete info from documents (with explanation) | |
| may deny a request (one of the nine exemptions) | |
| must process requests within 20 working days | |
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can charge reasonable fees for searching and copying |
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| If denied, the information seeker can appeal to the court | |
| (tips) | |
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| State FOIA laws | |
| vary greatly by state | |
| Minnesota Data Practices Act (13.01 - 13.99) | |
| Minnesota Society of Professional Journalists link | |
| Minnesota (RCFP link) | |
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| B. Open meetings | |
Government in the Sunshine Act (1976) (US Code - Title 5 Section 552b) |
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Opens up some of the decision making
of federal agencies, boards, commissions to the public |
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Deals with meetings |
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| 1. Discussing or acting on any item that is properly the business of the agency | |
| 2. Need a quorum present | |
| 3. Must give prior written notice to the public | |
| 4. Must give written explanation if meeting is closed | |
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(exemptions similar to FOIA) |
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must make an edited version of minutes
available |
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| State Sunshine Laws | |
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vary by state |
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Minnesota (link) |
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state statutes typically give reporters
and the public access to most state and local records and to meetings
of deliberative bodies |
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ex. state agencies, city councils, school
boards etc. |
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tips |
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