Across America, Sunshine Is Under Attack

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Here at MuckRock HQ we’re wrapping up Sunshine Week by requesting reports from mayors’ offices of just about every Occupy movement we can find. While we’ve had a good run of luck with officials at all levels of government lately, we thought we’d take time to highlight ways that officials at all levels of government are trying to dial back transparency.

Here are a few instances – some unfolding just this week – that show your right to access public information is never far from danger.

Strengthening executive privilege

In many states (including our home state of Massachusetts) , governors have exemptions to freedom of information requests that keep records such as emails and other correspondence out of view. But sometimes privilege leads to entitlement. One example is Maine Governor Paul LePage, who after making a campaign promise to increase transparency is working to restrict working papers and other “interoffice and intraoffice memoranda” from public view.

The legislation, which passed from committee to the House and Senate, is opposed by Maine journalists. But, as reported in the Bangor Daily News, a LePage attorney said without the exemption the governor would simply stop writing things down.

Blocking access

While the public has been given some access to court hearings for the accused WikiLeak source Bradley Manning, the most recent motions and orders filed in the case have not been made available to the press.

As the Reporters Committee for Freedom of the Press reports, journalists have demanded that the Defense Department loosen its grip, noting in a letter signed by 47 organizations that “the interest in openness in this case is not mere curiosity but rather a concern about the very integrity of this nation’s military courts — their ability to oversee the proceedings by which military personnel have their day in court to answer to and defend against allegations of serious offenses.”

The right to lobby in private?

In the waning days of the most recent Virginia General Assembly session, a bill that would shield the names of individuals writing in to legislators passed by with little notice. The bill’s sponsor, Delegate Mark Cole, told the Virginia Statehouse News that his goal is to protect the privacy of those contacting local governments “about child support or disciplinary issues in school.” The reality, however, is that the bill changes the long-held standard that interactions between officials and the public are, in fact, public.

The legislation still requires Gov. Bob McDonnell’s signature.

Bin Laden files missing

While James Madison’s home state isn’t showing his legacy much love, the Obama Administration is continuing to earn criticism for its less than stellar transparency practices, ranging from business-as-usual “not for attribution” discussions with administration officials to stating photos documenting the death of the most wanted man in the world can’t be found.

Photos of the raid that killed Osama bin Laden had been known from the first reports of his death. A request sent in May, however, wasn’t rejected because of expected security considerations. Instead, Department of Defense officials have said the documentation simply can’t be found. The AP reported a similar response to its request this week.

President Obama’s Statement on Sunshine Week

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From the White House comes the President’s statement on Sunshine Week:

As Sunshine Week begins, I want to applaud everyone who has worked to increase transparency in government and recommit my administration to be the most open and transparent ever, an effort that will strengthen our democracy and ensure the public’s trust in their government. We came to Washington to change the way business was done, and part of that was making ourselves accountable to the American people by opening up our government. We’ve put our White House visitor records on the Internet for the first time in history; opened up more government information than ever before on Data.gov, Recovery.gov and USAspending.gov; and issued an Executive Order fighting unnecessary secrecy, to name a few.

We are proud of these accomplishments, but our work is not done. We will continue to work toward an unmatched level of transparency, participation and accountability across the entire Administration.

What celebrations do you have planned?

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