A little spring sunshine after a long winter can do wonders for the mind, body and spirit. It is energizing and restorative. A
different sort of "sunshine" imparts similar uplifting effects to
governmental bodies ? state, federal and local. This is the sunshine
generated by the Freedom of Information Act, which turns 40 this year.
Its light penetrates the darkest crannies of government offices, abhors
secrets and prompts leaders to conduct the public's business in public.
But the law isn't perfect or uniform. Different states set
different rules for public meetings and public documents. Some of these
state laws, including the one in Tennessee, lack teeth or effective
enforcement measures. And in spite of the law, government still
operates in secret at least part of the time ? revealing public
information only when its hand is forced. On this, the second annual
Sunshine Sunday, there is still more work to be done to insure that
government operates in the open. The Bush administration ? for
better or for worse ? is one of the most secretive in years. Hiding
behind the cloak of homeland security, the federal government seeks to
keep a wide range of information to itself, including the names of
hundreds of detainees held in a U.S. military prison at Guantanamo Bay.
The Associated Press asked for the names under the federal Freedom of
Information Act four years ago, eventually winning in federal court
earlier this month. But the sort of information that government
leaders and public officials would rather keep to themselves isn't
limited to sensitive data related to the fight against global
terrorism. The Virginia General Assembly tried to exempt itself from
open meeting act requirements two years ago, a measure that was
rightfully rebuffed. But state lawmakers add other exceptions to the
state open records law on a regular basis, including a loophole
inserted last year to benefit Bristol Virginia Utilities. Tennessee
lawmakers, meanwhile, don't have to meet in public when they hammer out
the state budget or anything else. That?s the opinion of the state
attorney general, issued as the state legislature prepares to add
financial penalties for violations of the state's Sunshine Law. In its
present form, the law is all bark, no bite. The Legislature should
approve the Sunshine Law rewrite, but it should do more. It should
start the process to amend the state constitution to bring the
Legislature under the open meetings law. Locally, this newspaper
used the Freedom of Information Act several times last year to gain
important information that the public had a right to know. Information
related to a teenager?s drowning at a public pool and a 15-year-old
unsolved murder case was released in response to such a request. It
might be tempting to view the Freedom of Information Act as merely a
tool of journalists, but it protects the rights of private citizens to
question their government as well. Everyone has a right to know what
goes on in government ? from the halls of Congress to town hall. We?ll keep fighting to protect that right ? not just on Sunshine Sunday, but every day. Let the light shine on.
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