From 1996-99, I covered the Florida Legislature in Tallahassee for the Miami Herald. I had spent the previous seven years covering politics in Louisiana for The Times-Picayune, so I couldn’t help bu wonder in amazement as I learned about Florida’s “Sunshine” laws.
Actually, I didn’t just wonder in amazement. I quickly began taking advantage of all the laws that allowed the “sun” to shine on the legislature’s activities.
Two legislators meeting together was considered a “public” meeting, and I could join them if I learned about it. I found out when legislative strategy sessions took place and sat in.
All state records were public. I asked key state legislators to give me copies of their weekly schedules so I could track what was happening.
In three years of covering Florida’s House, I cannot recall where a major move caught me by surprise. Louisiana’s legislature, in contrast, operates in the dark shadows, and it was difficult to follow exactly what was happening behind the scenes, where the real decisions took place.
So I’m a big supporter of making the legislative system as transparent as possible.
Still, I thought that Harvard Law Professor Lawrence Lessig made valid points in his 2009 New Republic article, “Against Transparency.”
Lessig wrote at length to argue that transparency can backfire. He focused on how the public can misinterpret news reports on the source of campaign contributions received by a congressman. Lessig said that more context and information is needed to fully understand how campaign contributions influence how a congressman votes. That’s a fair point. But I think we are worse off when big contributions are given in the dark. Knowing the source of the contributions at least gives us the identities of the influence-peddlers. One measure of why this matters is how often candidates try to hide the source of their major contributors. (I remember this happening particularly in Louisiana.)
Lessig marshals his arguments against transparency because he favors complete public funding of elections. He outlines his arguments in a 2011 book, “Republic Lost: How Money Corrupts Congress — and a Plan to Stop It.” Lessig is also one of the leaders of the Americans Elect movement that is attempting to put a credible third-party presidential candidate on the ballot of all 50 states. (I noticed that Lessig has 185,000 followers on Twitter, so he has won quite a following.)
I actually was more interested in the piece by Archon Fung and David Weil, “Open Government and Open Society.” I’ve done a lot of investigative reporting and have sometimes wondered if folks like myself are too focused on exposing wrong-doing and should be also pointing out the success stories of government (as Nick pointed out in class). Simply focusing on government wrong-doing does create the impression that hacks run government, which doesn’t give credit to the good work done by many solid government officials.
I think Fung and Weil make a good argument that we need more transparency from the private sector as well. In fact, government at all levels requires companies to provide a wealth of information on their activities. Investigative reporters regularly ferret out information to expose corporate wrong-doing.
What we really need are more investigative reporters!