It’s National Sunshine Week, a time to reflect on simple yet profound ethics. In short, we, the people, have a right to know how our government is acting on our behalf. No matter how high-ranking a government official may be, no matter how serious the issues they deal with, people in public offices work for us. It is a duty every leader has to every constituent to be transparent about how that work is carried out.
For newspaper companies, this public right to know, the principle that defines and enables democracy, is near and dear to our hearts. We know this is equally important to our readers and the communities we seek to serve and inform. On their behalf, we must not only praise the principle of public transparency in the abstract, but also highlight where and how our nation’s leaders fall short of that principle.
Bay State base secrecy
We’ve said it before, but it bears repeating. Massachusetts’ state transparency standards are so weak that they are an embarrassment to the historic birthplace of American democracy. The Bay State is the only state in the Union where all three branches of state government (the governor’s office, the Legislature, and the state court system) are exempt from public records and open meetings laws. The most basic rules of open governance, by which local planning commissions and conservation commissions must operate, do not apply to state actors handling the commonwealth’s most important public projects.
Breaking through this veil of public opacity should be one of the most pressing bipartisan issues concerning the public offices we serve in our national legislatures and elections. Unfortunately, while understandable, too many state leaders do not seem to feel the urgency to hold themselves to higher standards of accountability. There are notable exceptions, and their efforts are worth highlighting and encouraging. Secretary of State William Galvin, who is charged with overseeing the state’s public records department, has publicly called for stronger state public records laws to apply to the governor’s office and other state executives. State Auditor Diana DiZoglio, the federal chief accountability officer, is tasked with conducting external audits of the state Legislature, an effort that has received significant pushback from Beacon Hill leadership, and in November could appear as a ballot initiative before Massachusetts voters. The so-called Sunshine Act (S.1963), introduced by state Sen. Jamie Eldridge, would greatly enhance access to public records in the Legislature and the governor’s office. The bill received a favorable report from the Joint Committee on Rules earlier this year, but has since stalled.
We were cautiously optimistic that the state’s transparency advocates would have a strong partner in Governor Maura Healey. In 2022, Governor Healey has pledged as his candidate and the next governor not to claim the public records exemption that his predecessor had. But while Governor-elect Healey has talked about transparency, he hasn’t walked that path. Within two months of his inauguration, Governor Healey denied a request from the Boston Globe for basic records, such as communications with members of Congress, a daily official calendar, and records of phone calls with members of Congress, and issued a public records exemption. The company withdrew its promise not to charge. She has a direct line to her office. And so far, her administration has not followed through on her campaign promise to push for changes to laws and regulations that would ease state secrets. It is disappointing to see that the emphasis on transparency that the governor often refers to is not manifested in practice. We urge the governor to change that.
shield method
Journalists and newspapers are often the tip of the spear in the fight to hold governments accountable and shine a spotlight on how government officials represent us. For this reason, journalists in Massachusetts are one of only eight states that do not have shield laws that protect reporters from being forced to disclose confidential sources or confidential information by state courts. It’s worth pointing out that there are. Such laws protect journalists from having to choose between violating confidentiality promises to often vulnerable sources or exposing themselves to legal persecution in order to protect those sources. There is. Unfortunately, the Eagle is somewhat familiar with this practice in which powerful public and private organizations seek to oppress journalists seeking the truth.
Although some argue that shield laws and the protections they provide to journalists could be legally harmful, 42 states, red and blue, have already enacted shield laws (and the District of Columbia). ) is worth pointing out that they have not created any significant obstacles to their activities. The resulting judicial system. Perhaps the United States would benefit from a federal shield law that recognizes the value and necessity of the free press enshrined in the First Amendment. We won’t hold our breath as a polarized and paralyzed Congress pursues such lofty measures, but Massachusetts and other states lag behind other states in protecting press freedom. A small number of other states should enact strong and prudent shield laws on our behalf. People who aim for the spotlight.
A creeping secret shadow
Massachusetts isn’t the only place where those in power are trying to block that disinfecting light.
In Richmond, Virginia, the city’s Freedom of Information Act officer said he was fired in January after he expressed concerns that his superiors were blocking the release of requested public records.
In August 2023, a small newspaper in Marion County, Kansas, drew sympathy from around the world after a series of seemingly retaliatory police raids on its newsroom and employees’ private residences. But now that the first reporting cycle and increased scrutiny of local officials have passed, Marion County records remain in legal limbo. No charges have been brought against any of the journalists, as a murky investigation involving multiple authorities continues to drag on. More than half a year has passed since the attack.
During Sunshine Week and every week, we will continue to educate the public about these people and how our government works, how our tax dollars are spent, and how our public servants represent our interests. We stand in solidarity with those who too often face unnecessary barriers to perspective. Threats to transparency everywhere are threats to truth-telling everywhere. This week and every week, we say let the sunshine in.
