Kelley Shannon It takes time and energy to keep a close watch on our government, but it’s our right as citizens. Really, it’s a duty. Transparency laws along with liberties granted by the U.S. Constitution help us do the job.
Access to public information and free speech go hand in hand. We can’t effectively speak to and about our government without knowing the facts.
Yet freedom of speech and one of the state’s main transparency laws, the Texas Public Information Act, are in the spotlight amid concerns they are being eroded. The Freedom of Information Foundation of Texas will explore these topics at its state conference “Tracking the Truth, Safeguarding First Amendment Rights” on Sept. 18 in Austin.
Free expression on college campuses is the focus of the conference’s opening session, featuring former KUT News general manager Debbie Hiott, whose recent firing by the University of Texas at Austin ignited a free speech and transparency controversy. The conference will also include First Amendment experts; a look at access to immigration enforcement information; a keynote address by Garrett Haake, chief White House correspondent for NBC News; and a session on using the Texas Public Information Act.
Despite a weakening of the Public Information Act over the years, the 53- year- old law still allows light to shine on government to answer essential questions about how taxpayer money is spent and how government officials make decisions. At its core, as it was written and intended, the law is strong and protects citizens’ right to know. That’s because government information is presumed to be open, unless a legal exemption to disclosure exists.
This structure gives power to the people by requiring a governmental body that seeks to withhold information to argue why it should be permitted to do so. In most cases, it must seek a ruling from the Texas Attorney General’s Office.
That means the attorney general fulfills a vital oversight role. It’s a much better system than letting government officials make those decisions themselves, something the opening words of the Public Information Act warn against.
“The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know,” the law states.
But there are problems with the act we cannot ignore.
Some governments abuse the law by delaying information releases. They unnecessarily seek attorney general rulings when information is clearly public or give requesters unfair expensive cost estimates for obtaining records. Some misuse the attorney-client privilege and litigation exceptions and others to try to block disclosure of information.
The act needs stronger enforcement measures. This can take several forms. One method is to ensure that records requestors who must go to court to force the release of information can recover their legal fees from that government. Currently, this isn’t a given in Texas.
The state Legislature should address these areas in its 2027 session. We need a back-tobasics approach to the Public Information Act to remain true to its intent of helping citizens watch over their public servants and tax dollars.
Our information rights give us the ability to track the truth as we use our free speech rights to make our voices heard.
Kelley Shannon is executive director of the Freedom of Information Foundation of Texas, a nonprofit based in Austin. For more information about the organization and its upcoming state conference, which is open to members of the public who register, go to www.foift.org.
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