Ever wonder why journalists seem so cynical?
Maybe you would be, too, if the following exchange between a New
York reporter and a local "public servant" was typical of your day
at the office:
Journalist: "Why can't you provide these school payroll records
electronically?"
Bureaucrat: "Ummm … we just don't."
Journalist: "But under the Freedom of Information law, if you're
capable of providing them electronically, you're required to do
so."
Bureaucrat: "Yeah … but we don't follow that."
Taxpayers in White Plains, N.Y. who wonder why public schools there
keep demanding more money even as test scores decline probably
would like to see those payroll records, too, right? Thanks to
Freedom of Information (FOI) laws covering government at all levels
in America, We the People have the right to see such government
records, and journalists are our proxies. When bureaucrats tell
reporters "no," they're telling We the People "no."
So you should worry about the fact that there are now only two
kinds of journalists in America -- those who have been ignored,
lied to, laughed at, given the royal run-around or otherwise
prevented from doing their jobs on your behalf … and those
who will be.
It's not always simple obstinacy such as that endured by The
Journal News journalist cited above (who finally got those payroll
records but only after an unnecessary and lengthy struggle).
Sometimes it's sheer incompetence, or at least the appearance of
it. Consider The Providence Journal reporter who asked his local
tax assessors office for a copy of the database of property tax
assessments. Journalists often write stories about property tax
assessments so taxpayers can see who is paying how much and reach
conclusions about the fairness of the assessments.
Public officials told the Rhode Island reporter he couldn't have
the database because the assessor's office didn't know how to run
the state's computer system. They changed their tune when the
reporter told them he would be happy to print their names and their
answer if they wanted to stick to it. They lost no time contacting
a state tax official who told them the one-line command to copy the
database to a disk, which they handed over to the reporter.
Parochialism can be an impediment as well. That's what a Tulsa
World reporter found when she asked a local school superintendent
for an electronic copy of his system's payroll. The superintendent
declined because "the ladies don't want everyone knowing their
ages."
Usually, though, public officials force journalists seeking public
records via FOI laws to jump through all sorts of unreasonable
bureaucratic hoops, then claim "the records don't exist" or "that's
not covered by the FOI," even when the requested records are
covered by the law.
Putting local, state and federal records on computers has proven a
bonanza to government officials who don't want to be held
accountable. Sure, journalists are told, we can provide those
documents electronically -- but "it will cost you $10,000 for
re-programming our system." In fact, making a copy of a
computerized document can usually be accomplished with only a few
keystrokes.
Why do bureaucrats and elected officials regularly disregard FOI
laws? David Sobel, general counsel to the Electronic Privacy
Information Center in Washington, D.C., put it well: "The greatest
obstacle to the effective use of Freedom of Information Act laws is
bureaucratic culture. That culture promotes secrecy and resists
openness."
In other words, human nature being what it is, most of the time,
most government officials -- regardless of political party or
office -- want to make themselves look like they're doing their
jobs well, so they shun the accountability that comes with genuine
transparency in government. And so journalists get the run-around
when they ask for documents.
Should you care? You bet. As Patrick "Give me liberty or give me
death" Henry said in 1787, "the liberties of a people never were,
nor ever will be, secure when the transactions of their rulers may
be concealed from them." Were Mr. Henry with us today, he might put
it like this: "When insolent officials thumb their noses at
journalists, it's you and I getting the shaft."
Want to do something? Check out the
National Freedom of Information Coalition's Web site. Also, see
the
First Amendment Center's Web site. Organizations such as these
are fighting for your right to know -- and they could use some
help.
Mark Tapscott is
The Heritage Foundation's director of media services and its
Guardabassi Fellow for Media and Public Policy.
Distributed nationally on the Knight-Ridder Tribune.