Terror Threats Prompt States To Shrink Access To Security-Related Records

March 14, 2003

GAINESVILLE, Fla. — In the face of terrorism threats, state lawmakers across the nation are locking up government records that deal with everything from security response plans to criminal investigations, according to research by the Marion Brechner Citizen Access Project at the University of Florida.

Researchers found state lawmakers have enacted dozens of changes since the terrorist attacks on Sept. 11, 2001, that limit access to government-held information about building plans, evacuation procedures, medical supplies and a number of other issues related to security.

“A lot of us worry about how much information is now being kept from state citizens,” said Bill Chamberlin, director of the Brechner Citizen Access Project. “It is one thing to keep sensitive information out of the hands of the terrorists, but quite another to use terrorism as an excuse to shield government officials from being accountable for their actions.” Chamberlin will present the findings today during the 2003 National Freedom of Information Day Conference at the Freedom Forum in Arlington, Va.

The project rated the access to public records under state laws discussing security, public safety and terrorism by assigning individuals law sunshine ratings on a scale from “sunny,” for the most open, to “dark,” for the most closed, in eight subcategories. Researchers averaged the subcategories to get an overall ranking for information related to security, safety and terrorism.

Louisiana, Ohio, Tennessee and the District of Columbia received “nearly dark” ratings because they limit access to many records assessing preparedness and security risks. For example, Ohio public records law changes enacted in 2002 exempt the security records of any public body, and defines “security record” as any information used to “prevent, mitigate or respond to acts of terrorism.”

Colorado, Pennsylvania and Tennessee also received “nearly dark,” or mostly closed, ratings for access to records that include security-involved personal information. For example, changes made to the Tennessee Open Records Act in 2001 exempt all records created to respond to or prepare for “any violent incident,” such as a “terrorist incident.”

Generally, the Citizen Access Project advisory board gave the highest sunshine ratings to states

without specific terrorism- or security-related public records exemptions. About 30 states received “sunny with clouds” rankings for categories such as security-related investigations, security assessments and facility security. No state received the highest access rating in any of the eight security-related state law categories researchers reviewed.

“Just a few states had terrorism terms in laws before 9/11,” said Chamberlin, who also is the Joseph L. Brechner Eminent Scholar in the College of Journalism and Communication at UF. “The underlying assumption of advisory board members seems to be that states without specific terrorism-related statutes allow more public access.”

Some states had very broad security and safety language including Montana, Hawaii and Tennessee,” Chamberlin said. Those states were rated as allowing the least amount of access, receiving a “somewhat closed” rating.

In other cases, multiple changes in the law have decreased access in states such as Florida that have had a reputation for government openness.

“Most people think in terms of the Bush administration closing off access,” Chamberlin said. “We found that many of the individual states are doing the same thing.”

Chamberlin said that governments historically tend to withhold information, and punish those who complain about government actions during times of war and other national crises. He said it was important for U.S. citizens to demand continued accountability from their leaders.

“This is a time when it is particularly important to monitor what our elected representatives, and the people they appoint, are doing,” he said.

Members of the project’s advisory board included Rebecca Daugherty, Reporters Committee for Freedom of the Press; Sandra Davidson, University of Missouri; Bob Freeman, New York State Committee on Open Government; Kevin Goldberg, Cohn and Marks; Harry Hammitt, Access Reports; Frosty Landon, National Freedom of Information Coalition; Linda Lightfoot, The (Baton Rouge, La.) Advocate; Ian Marquand, Society of Professional Journalists; Patrice McDermott, American Library Association; Anne Mullin O’Connor, Indiana Public Access Counselor; and John Watkins, University of Arkansas.

For a complete list of state rankings visitwww.citizenaccess.org. (Take the link to comparative state laws in the middle column and then go to the drop-down menu and select “security and safety.”)

The Citizen Access Project is funded by Orlando broadcast executive Marion Brechner. The research is conducted under Chamberlin’s supervision. The project also received funding from the Miami-based Knight Foundation.