Law protects
citizens from secret action
We in South Carolina are reminded this week of the role open
government plays in service to democracy. This is “Open Government
Week” in South Carolina. You might never ask to see a public record
or want to view a trial, but the fact that your right to do either
is secured by law allows each of us to have greater confidence that
our government is working in the public interest.
In our state constitution, the first section of the first article
provides that “All political power is vested in and derived from the
people only.” Under this language, it is clear that any power
exercised by government flows from the citizens. In order for
citizens to participate in government and make informed choices on
government matters, citizens must be able to acquire information
about government operations.
Over the years, rules and customs allowing some secret
governmental action developed to accommodate specific needs. The
fact that some secrecy is tolerated in government does not mean that
all secrecy will be, and there has always been tension between the
government’s desire to operate in secret and the citizens’ interest
in learning about governmental actions.
During World War II, the government became increasingly secretive
and inaccessible to citizens. In response to this trend, government
reformers and press groups started a movement to secure greater
citizen access to governmental information. Some states enacted
legislation to limit closed meetings while other states required
more records to be open.
The S.C. General Assembly addressed the problem of government
secrecy in the early 1970s by enacting the Freedom of Information
Act, which imposed limits on both closed meetings and closed records
of governmental entities. Cementing the link between open government
and democracy, the General Assembly made a specific finding that “it
is vital in a democratic society that public business be performed
in an open and public manner,” allowing citizens to discover what
their public officials are doing and what decisions they are
making.
During my service in the General Assembly, the provisions of the
Freedom of Information Act were reviewed periodically, and many of
us worked with concerned citizens to adopt amendments that would
close loopholes and keep government open. I have been told that our
law is widely endorsed as a model for open government, and that it
is the foundation of the open government law adopted by the Cherokee
Nation in Oklahoma.
At times, courts are called upon to decide disputes in many
areas, including contests between citizens and government over
access to records and meetings. Court records themselves are open as
are most court proceedings, and this right of public access to our
courts is protected by the constitutions of this state and the
United States.
When called upon to interpret our state’s Freedom of Information
Act, the Supreme Court of South Carolina has consistently ruled that
the purpose of the act is to protect the public from secret
government activity. These judicial decisions have been based on the
rationale that when the doors to government meetings and the drawers
of government records are open for all to see, government is more
likely to function fairly, justly and honestly.
I am pleased to join with this newspaper and the South Carolina
Press Association during Open Government Week to note that a
government of the people, by the people and for the people will
flourish in sunshine and wither in secrecy.
Mrs. Toal is the chief justice of the S.C. Supreme Court. |