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The
courts have generally ruled that the news media have no more right of
access to government information, institutions, and meetings than does
the public at large.
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The
‘limited –access’ position of the courts forces the public and the press
to depend on legislation passed by the U.S. Congress or state
legislatures to provide access
to government documents and activity.
C.
Access to Information
1.
Many government agencies provide
information to the public (publications, press conferences, press releases,
and interviews) BUT the agency tells only what it wants the public to know.
2.
U.S. Congress and the Freedom of
Information Act (FOIA) 1966. FOIA encourages disclosure and not
secrecy.
a.
FOIA applies ONLY to Federal
agencies (i.e. Defense Department and FBI) and independent federal
regulatory agencies (i.e. FCC and Environmental Protection Agency)
b.
FOIA does not apply to state or
local government and does not apply to Congress or the courts.
c.
Law provides access to ‘records’
meaning tangible documents (i.e. photos, documents that already exists)
i. The government does not have to
create a ‘record’ in response to a request.
ii. The FOIA permits ‘any person’ to
request an agency record
iii. The law requires the government to
respond promptly to a request.
d.
Fees permitted as amended to the FOIA in 1986
i. Types
1. finding the document
2. reviewing the document to see if it can be released.
3. duplicating the document
ii. Commercial users are required to
pay all fees
iii. News media, nonprofit and
educational institutions only have to pay for duplicating the document.
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FOIA Exemptions:
1.
National
security-
records that the release “reasonably could be expected to cause damage to
the national security.” CIA and FBI withhold a wide variety of materials.
2.
Agency
personnel rules and practices-
covers routine matters related to the personnel rules of a government
agency.
3.
Exemptions
required by state law-
records that are exempt from disclosure by a federal law other than the FOIA.
4.
Trade
secrets-
applies to confidential commercial or financial information.
5.
Privileged
government communication-
applies to memoranda and letters circulated within an agency or between
agencies in order to protect the deliberative process essential to the
democratic government.
6.
Confidential personnel and medical files-
covers materials of disclosure of which “would constitute a clearly
unwarranted invasion of personal privacy.” (i.e. marital status, medical
problems, use of alcohol, or religious preference)
7.
Confidential law enforcement records-
applies to law enforcement records the release of which would be harmful in
any one of these six specific ways.
a.
interfere with law enforcement
proceedings
b.
deprive a person of a fair trial
c.
invade privacy in an unwarranted
manner
d.
disclose confidential sources
e.
reveal confidential enforcement
plans and procedures
f.
endanger the life or safety of
persons
8.
Records
concerning the regulation of financial institutions-
applies to documents that relate to the government’s examination and
supervision of financial institutions. (i.e. audits, financial reports,
banks, investment banking firms, trust companies etc.)
9.
Oil well
information-
protects confidential information concerning “geological and geophysical
information and data, including maps, concerning oil wells.”
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If
YOU want to request a record under the FOIA --
Go to page 254
in Freedom of Speech in the United States and note the steps you can
take.
Access to
Meetings
A.
The Federal “Sunshine Act’ 1976
1. Congressionally
established agencies are subject
to the FOIA and their meetings are, in general, open to the public.
2. Meetings must have prior notice so
interested persons can attend
3. Congress has also developed rules
of openness for itself
i. committee hearings
ii. telecasting of the sessions of the
House and the Senate
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State Sunshine Laws
1.
All 50 states have passed statutes
mandating that governmental agencies perform their work in the open
2.
Sunshine laws apply to
all agencies supported by public funds