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Daily Archives: June 18, 2009

How FOIA could have gone wrong!

There is a nice read online:
Freedom of Information: How Americans got their right to know by George Kennedy.

It takes you through a brief history of FOIA but also what COULD have happened to FOIA along the way. A lot of fancy words accompanied the signing of the FOIA. On the surface, the rhetoric would make it appear that Pres. Johnson was happy to sign such a wonderful piece of legislation.

It is clear there was a long and hard battle (starting in 1955) to bring the FOIA to the point of being signed on July 4, 1966. Although a weak and watered down version of what was desired, it was a crucial first step. In the article noted above, it is reported that there were a lot of concerns about the number of exceptions that were likely to be requested and put into place. If enough of them existed, the very document meant to support Freedom of Information COULD have become the law that actually strengthened the government’s right to secrecy!

Fortunately, we had some editors of major newspapers (a highly competitive field) that set aside competition and joined forces to keep pressure on to make FOIA what it was meant to be, a way for citizens to learn what was going on in their government. This drive continued to grow and apply pressue until the FOIA was actually strengthened rather than weakened with the 1974 amendment. Now, with the ‘internet age’ fully upon us, the numbers of those striving to find information, lookiing for truth is expanding. It has the potential to be inside every business, every home, ever vehicle, every backpack, and many phones. (Case in point, the information we are still receiving from Iran despite what appears extraordinary government efforts to stop those leaks of information.)

Virtually nothing happens or is done these days that someone can’t find out about. It seems to me the logical response would be for government to maintain itself as openly as possible to public scrutiny. It is far better to be open with errors and ommissions now than to have them reach out and grab you in the future.

Now, all 50 states, the District of Columbia, and some Territories all have their own versions of the FOIA at the state level. Florida was the first to do so in 1967. the “Sunshine Laws” of Florida remain considered some of the best in the country. However, not all state FOIAs are created equal.

Just by moving to another state, you could suddenly find yourself losing rights you had in the state in which you previously lived. In other cases, you could have spent all of your life in a state with limited FOIAs and relocate to a state like Florida where Sunshine has long been the standard.

How can a person keep up with it all? Easy answer – one person cannot do it. It requires many people watching and working to keep the information flow going. However, each person can access some of the information at places like the Sunshine Review Click on Virginia (the word) or Virginia on the map to get information specific to the State of Virginia.

This site, like most of the wiki sites is a work in progress. People are constantly updating the data you find here, so it is a good idea to check back often. Within the Virginia pages you will find: Statewide, School Districts, Counties, and Cities. (Yes, I’ve already written in to request that Towns be included:)

A closing thought:
“A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps, both.” Pres. James Madison, August 4, 1822

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Posted by on June 18, 2009 in FOIA

 

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Spinach for Popeye – Or FOIA gets some muscle!

(New stormwater photos and videos available at myvaresource.com – video of the Town Council meeting 6/16/09)

When President Johnson signed the FOIA on July 4, 1966, it was done quietly, very quietly. I think this was in part due to the fears that many government and agency officials fears a sudden influx of a massive amount of requests that would clog normal work functions.

The news media, in particular, since they were some of the primary lobbyist for the FOIA, heard that faint whisper of the Act going into effect and responded. What citizens gained was a new age of information and investigative reporting.

Despite hours of searching the internet, I could not find where that fear of being ‘swamped’ with requests ever really occurred. Sure, there were some issues but not the avalanche that had been predicted.

For the next 8 years not much happened with FOIA. It is likely that focus on the Vietnam War kept many citizens from worrying about access to public documents.

As the Vietnam War (or Conflict, if you insist), slowly and painfully came to a close, another event came to the fore in the political and news cycles. Watergate (you youngsters, do a google search) created a renewed interest in FOIA. It was during this time that President Fords veto was overridden by Congress and an amendment to FOIA was passed in 1974.

Prior to this amendment, if someone or an agency elected to challenge a denial of access to public records, the only thing the agency/government needed to do was to provide the Judge with an affidavit and the appeal would be dismissed. It seems to me that is a lot like having the wolves herd the sheep. In a situation where an agency or the government could be negatively affected by the release of certain information, all that would be needed would be for an affidavit being provided stating the rationale for why it couldn’t be released.

George Washington University’s The National Security Archive website has a good article covering this amendment. It is noted there that while President Ford wanted to sign the amendment, he followed the advice of Donald Rumsfeld (who supported the original act in 1964) and Richard Cheney who expressed concerns of ‘leaks’, and Antonin Scalia’s (then attorney) concern of it being unconstitutional, and vetoed the amendment.

In a fairly rare event, Congress overrode that veto and the basic structure of FOIA as we know it today was formed. If it had not been for that series of events, we could well still exist within an environment that government could refuse to release information, provide an affidavit to the Court and any appeal to obtain those records would have been dismissed.

One quick aside that I would like to note is that despite all of the ups and downs, and changing of positions on FOIA, there has been one constant. Anyone who has benefited from FOIA (and I’ll bet that covers just about everyone, whether they know it or not) has the media, those people representing and working for the newspapers of our county are heros. It is true that no Act or Amendment would have been passed without the dedication and perseverence of those elected officials who took up the fight, but it was the newspapers that pushed the issue and made it important.

Please keep in mind that thus far, I have only discussed the National FOIA laws. Individual states have their own FOIA laws and those differ significantly. In many areas, including in our region, there are still those staff members of local newspapers who continue to fight for FOIA and the right of both citizens and the reporters to know what government is doing in their jobs to serve the public safety, health, and well-being.

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Posted by on June 18, 2009 in FOIA

 

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