Kelley Shannon is the 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 the public and requires registration, visit www.foift.org.
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 the liberties guaranteed by the U.S. Constitution, help us do the job.
Access to public information and free speech go hand in hand. We can’t speak effectively 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 that both are being eroded.
The Freedom of Information Foundation of Texas will explore these topics during its state conference, “Tracking the Truth, Safeguarding First Amendment Rights,” on Sept. 18 in Austin.
The conference’s opening session focuses on free expression on college campuses and features Debbie Hiott, former KUT News general manager, whose recent firing by the University of Texas at Austin sparked a free-speech and transparency controversy.
The conference will also feature First Amendment experts; a look at access to immigration enforcement information; a keynote address by Garrett Haake, NBC News’s chief White House correspondent; and a session on using the Texas Public Information Act.
Despite the Public Information Act’s weakening over the years, the 53-year-old law still shines a light on government, answering essential questions about how taxpayer money is spent and how officials make decisions.
At its core, as written and intended, the law is strong and protects citizens’ right to know. That’s because government information is presumed open unless a legal exemption to disclosure applies.
This structure empowers the people by requiring a government body that seeks to withhold information to justify why it should be allowed to do so. In most cases, it must seek a ruling from the Texas Attorney General’s Office.
That means the attorney general plays a vital oversight role. It’s a much better system than letting government officials make those decisions themselves, as the Public Information Act’s opening words warn.
“The people, in delegating authority, do not give their public servants the right to decide what the people should know and what they should not,” the law states.
But we cannot ignore the problems with the act.
Some governments abuse the law by delaying the release of information.
They unnecessarily seek Attorney General rulings when information is clearly public, or they provide requesters with unfair, excessive cost estimates for records requests. Some misuse the attorney-client privilege and litigation exceptions to try to block disclosure of information.
The act needs stronger enforcement measures, which can take several forms.
One approach is to ensure that records requestors who must go to court to compel disclosure can recover their legal fees from the government. Currently, Texas doesn’t guarantee this.
The state Legislature should address these areas during its 2027 session. We need a back-to-basics approach to the Public Information Act to ensure it remains true to its intent of helping citizens oversee their public servants and their tax dollars.
Our information rights let us track the truth as we exercise our free speech rights to make our voices heard.