Sunshine vital in a democratic society
Jay Bender is the holder of the Reid H. Montgomery Chair in the School of Journalism and Mass Communications at the University of South Carolina and the attorney for the S.C. Press Association.
When the first South Carolina
Freedom of Information Act was
introduced in the House of
Representatives in 1971, the bill
stated that "The General Assembly
finds that it is vital in a democratic
society that public business be
performed in an open and public
manner…." The purpose of this
openness is to allow citizens to "be
advised of the performance of
public officials… the
decisions…reached and…the
formulation of public policy."
These findings make sense.
The promise of democracy is
hollow if the people are precluded
from learning of governmental
activity, and it is clear in the very
first provision of the South
Carolina Constitution that the
political power of the state resides
in the people.
Yet, as we observe National
Sunshine Week and the principle
of "government in the sunshine,"
we are daily confronted by those
who have been elected or
employed to operate our
government for us, who disregard
the mandate of the law in order to
hide their activities from the
public.
Speaking of not appearing in
the language of the law, city and
county councils, school boards and
other public bodies routinely go
into closed session stating as the
reason "personnel matters" or
"contractual matters" even though
those terms do not appear in the
law and the Attorney General has
issued numerous opinions
objecting to the practice.
Newspapers were
instrumental in obtaining passage
of the South Carolina Freedom of
Information Act in 1972 and the
adoption of amendments
strengthening the law since.
Newspapers have committed
significant resources to mount
challenges to government secrecy
both in the courts and in the pages
of the papers. Editors and
publishers in these trying
economic straits ask regularly if
they can any longer afford these
battles. And what if newspapers
no longer champion open
government?
We will not have government
in the sunshine. In fact, we won't
have government by the light of a
single cell flashlight. And then,
what will our democracy look
like? Is it too harsh for your taste
for me to say that cockroaches and
corrupt government thrive in the
dark?
Should you care about
government in the sunshine? Only
if you believe in democracy.
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