Saving the Freedom of Information Act

2021 ◽  
Author(s):  
Margaret B. Kwoka

Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.

Author(s):  
Michael Schudson

In the 1950s and 1960s, the U.S. Congress, with allies in the news media, created legislation that came to be known as the Freedom of Information Act (FOIA). It was designed to help hold the federal executive accountable to the public. It became law in 1966. Its significance can be understood in several contexts: (1) in connection with a special relationship of journalists to the operation of the FOIA; (2) in terms of arguments that transparency in government is necessary for citizens’ informed participation in democracy and that, on the other side, there are strong democratic arguments that transparency should be limited in the pursuit of other legitimate values, some of them recognized in the language of the FOIA itself that government agencies may deny a citizen's request for information on the grounds that honoring the request could endanger national security, personal privacy, the integrity of internal government deliberations, or other significant objectives; and (3) that freedom of information law are one institution within a wider web of institutions and practices dedicated to holding government accountable. In this regard, the U.S. Freedom of Information Act can also be seen in a broad context of a cultural shift toward “openness” and a political shift toward what has been called a “monitory” model of democracy.


2021 ◽  
Author(s):  
Marcel Wölfle

In the present work, the constitutional determination of rights to information for media is examined, with special attention being paid to the developments of the modern information society with a significantly increased and easily accessible volume of information and a heterogeneous landscape of sub-constitutional information rights. In particular, the questions will be investigated as to the extent of a direct constitutional right of the media to information and to which extent the information needs of the media are already adequately met by the Freedom of Information Act.


Author(s):  
Kevin M. Baron

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.


Author(s):  
Jonathan Rose

The Literary Agenda is a series of short polemical monographs about the importance of literature and of reading in the wider world and about the state of literary education inside schools and universities. The category of 'the literary' has always been contentious. What is clear, however, is how increasingly it is dismissed or is unrecognised as a way of thinking or an arena for thought. It is sceptically challenged from within, for example, by the sometimes rival claims of cultural history, contextualized explanation, or media studies. It is shaken from without by even greater pressures: by economic exigency and the severe social attitudes that can follow from it; by technological change that may leave the traditional forms of serious human communication looking merely antiquated. For just these reasons this is the right time for renewal, to start reinvigorated work into the meaning and value of literary reading. For the Internet and digitial generation, the most basic human right is the freedom to read. The Web has indeed brought about a rapid and far-reaching revolution in reading, making a limitless global pool of literature and information available to anyone with a computer. At the same time, however, the threats of censorship, surveillance, and mass manipulation through the media have grown apace. Some of the most important political battles of the twenty-first century have been fought--and will be fought--over the right to read. Will it be adequately protected by constitutional guarantees and freedom of information laws? Or will it be restricted by very wealthy individuals and very powerful institutions? And given increasingly sophisticated methods of publicity and propaganda, how much of what we read can we believe? This book surveys the history of independent sceptical reading, from antiquity to the present. It tells the stories of heroic efforts at self-education by disadvantaged people in all parts of the world. It analyzes successful reading promotion campaigns throughout history (concluding with Oprah Winfrey) and explains why they succeeded. It also explores some disturbing current trends, such as the reported decay of attentive reading, the disappearance of investigative journalism, 'fake news', the growth of censorship, and the pervasive influence of advertisers and publicists on the media--even on scientific publishing. For anyone who uses libraries and Internet to find out what the hell is going on, this book is a guide, an inspiration, and a warning.


2021 ◽  
pp. 026732312199133
Author(s):  
Christina Holtz-Bacha

With the surge of populism in Europe, public service broadcasting has come under increased pressure. The established media are considered part of the corrupt elite not serving the interests of the people. The public service media, for which pluralism is at the core of their remit, are a particular thorn in the side of the populists. Therefore, they attack the financial basis of public service, which is supposed to guarantee their independence. The populist attacks on the traditional broadcasting corporations meet with the interests of neoliberal politics and of those political actors who want to evade public scrutiny and democratic control and do no longer feel committed to democratic accountability. The assaults on the public service media are thus an assault on freedom of the media and further increase the pressure on the democratic system.


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