With disinformation on the rise, open government laws are a vital way to preserve the public’s access to the truth

In recent years, Americans across the political spectrum have been gripped by concerns about misinformation, disinformation, and outright fabrication. Each is a real threat to our country.

America’s democracy depends on the public having access to accurate information about our government and its leaders.

That is why the law protects our right to obtain real, authentic information about our government, and protects our ability to watch our leaders and officials at work, in real time.

Next week, we have a chance to celebrate those rights during Sunshine Week, a time devoted to highlighting the importance of open government and educating people about how to exercise our rights to get information about what our elected officials are up to.

Having access to information about our government and seeing our leaders conduct official business in the open allows us to know what our elected officials are considering doing, what they are actually doing, and what they are not doing. Open government serves as a check to keep officials honest. It helps us root out corruption and waste.

Access to information gives us the knowledge we need to debate policy and politics. It aids us in making informed decisions when we cast our votes at the polls, and it gives us the tools we need to hold officials accountable — officials who work for us, whether they are elected leaders or unelected bureaucrats.

Here in Pennsylvania, the law ensures people across the commonwealth have the power to learn for themselves what the government is doing and why it is doing it. The law does this in three ways.

First, the law protects the people’s right to attend government meetings. Specifically, the Pennsylvania Sunshine Act provides that meetings of government agencies must be “open to the public” whenever agencies take “official action” or engage in deliberations. We have the right to “attend all meetings ... at which any agency business is discussed” or votes are cast.

This mandate is straightforward. It means the public’s business must be done in public. Anyone can attend meetings of borough councils, county commissions, school boards, and zoning boards. They all must conduct their business — and make their decisions — in public.

Second, the law provides us the right to inspect and copy government records. That right is enshrined in the Pennsylvania Right-to-Know Law. The law presumes any record held by any government agency that relates to the agency’s activities is open to the public.

The law, however, contains many exemptions. Those exemptions restrict access to everything from security measures to information about investigations, and from personnel records to an official’s personal working papers.

Significantly, the law says the government bears the burden of proving a record is subject to one of those exemptions. Simply put, a government record is publicly available unless the government proves the specific record is exempt from disclosure.

Open government serves as a check to keep officials honest. It helps us root out corruption and waste.

The Right-to-Know Law gives the public tremendous power to learn what is going on behind the scenes. It gives us the right to see how the government is spending our tax dollars, and whether that money has been put to good use. It applies to all agencies across the commonwealth, from state agencies in Harrisburg to City Hall in Philadelphia — and all the municipal agencies, boards, and committees in between.

Third, the law protects our right to attend court proceedings and review court filings. This protection is built into our Constitution and long-standing common law. Our justice system is open for people to see. Only in the rarest and most narrow of circumstances can judicial records be sealed or a courtroom be closed. This means any person can walk into court and watch any bail hearing, any trial, or any appeal. And anyone can go to a court clerk and get a copy of nearly any court filing, whether it’s an indictment, a guilty plea, a civil complaint, or a jury verdict. It all is open for anyone to see.

These laws give the public tremendous power. But to truly benefit from that power, people need to understand — and use — the law. That is what Sunshine Week is all about.

To help with that mission, on Monday, the Pennsylvania Bar Association, Pennsylvanians for Modern Courts, and Temple’s Klein College of Media and Communication are holding a program titled “Ensuring Transparency in an Age of Political Uncertainty.”

The program will feature a discussion with journalists from The Inquirer, WHYY, and 6abc. They will talk about how they use these and other laws to cover what’s happening in city, state, and federal government. The program will also include insights from a professor and lawyer who help the press and public exercise their right to access government information. The program is free. And it’s open to the public.

Next week is a chance to celebrate the light that the law shines on government. Sunshine Week reminds us that we all have the power to lift the veil of secrecy and learn the truth about our government and its leaders. In an era of disinformation and misinformation, we all have a responsibility to ensure our government remains open and accountable.

Michael Berry is a partner at Ballard Spahr LLP, where he represents the press in First Amendment matters. He serves on the board of Pennsylvanians for Modern Courts and is cochair of the Pennsylvania Bar Association’s Bar/Press Committee. To learn more about the March 17 program, visit www.pmconline.org/events/pmc-shares-panel-sunshine-week-ensuring-transparency-age-political-uncertainty.