The nation’s annual “Sunshine Week” started this past weekend. “Sunshine Week” is the annual recognition of the need for government openness. The idea of drawing attention to public interest in transparency in government was first celebrated nationally in 2005. That focus on openness is based on the notion that governments are more effective when they allow public oversight and access to documents and proceedings; openness also helps curb waste and increases government efficiency and effectiveness.
The rationale for celebrating the need for government openness this week – as compared to any other – is that March 16th is the anniversary of the birth of James Madison, the nation’s fourth President, and one of the principal figures in the Constitutional Convention.
It was Madison who observed that "A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”
Unfortunately, “knowledge will forever govern ignorance” has never been under greater attack since the nation’s founding.
The nation’s leadership too often misleads, gaslights, or outright lies to the public it is supposed to serve – a chronic problem to be sure, but it is now much worse.
In bygone days, much of the effort to hold elected officials accountable – and to set the record straight – fell to the traditional media. That too was contemplated by the founders of the nation when they enshrined constitutional protections for freedom of the press.
Yet that role has been diminished by the collapse of local media outlets. The number of local newspapers that closed in 2022 totaled 130, leaving nearly 55 million Americans with limited to no access to local news.
The problem has become so bad that areas without local media outlets are now considered “news deserts.” A “news desert” is a community, whether rural, suburban or urban, with limited access to the sort of credible and comprehensive news and information that feeds democracy at the grassroots level.
Exacerbating the problem is that the platforms from which many get their news, social media platforms, are increasingly curtailing “fact checking” measures that were instituted to curb hate speech and propaganda. Following the lead of “X” (formerly known as Twitter), META recently announced that it will no longer fact-check content.
As a result, we are facing Madison’s fear. So, what should be done?
To strengthen democracy, public policies should do all they can to combat these growing trends.
Take for example, the New York State law that requires disclosures by lobbyists.
The law requires that those seeking to influence most governmental decisions must report their activities and expenses to a state ethics agency. So, lobbyists must report efforts to get lawmakers to agree on legislation, or an agency to change a regulation, or the governor to issue an executive order.
But there are loopholes. For example, lobbyists’ efforts to get the Legislature to approve membership to New York’s Board of Regents, which oversees education in the state. Earlier this month, the Legislature jointly approved three new members to the Regents. Since those nominations are approved through a joint legislative resolution, lobbying to influence them triggers a disclosure obligation. In contrast, however, nominations advanced by the governor to the Senate that do not require a legislative resolution do not require disclosure of spending to influence those choices.
Leaving the loophole in place deprives the public of information on who is seeking to influence gubernatorial appointments. In the state’s cockamamie lobbying disclosure requirements, lobbying to influence utility rates is considered lobbying, but influencing who sits on the board that decides on whether to approve those utility rates is not.
Last year, legislation was advanced in both houses to close the loophole. State Senator Gianaris’s bill was approved, but Assemblymember McDonald’s bill – while making it to the floor – stalled before it could be approved. This year, Senator Gianaris has reintroduced his legislation, but there has been no legislative action in either house to date.
Lawmakers could take steps to strengthen local media outlets, too. Last year, for example, New York established a tax credit for local news outlets to help cover the costs of hiring reporters. More can be done in that area too.
In our representative democracy, an informed electorate is fundamentally important to ensure that the system works. Many Americans have unprecedented access to information, but too much is propaganda or the usefulness is limited. Trusted local news sources can help New Yorkers separate the wheat from the chaff – and there’s a lot of chaff these days.
“Sunshine Week” should be not only a recognition of the importance of openness in government, but also a call for action to make it better. The governor and Legislature should do more to “let the sun shine in” in New York.
Blair Horner is senior policy advisor with the New York Public Interest Research Group.
The views expressed by commentators are solely those of the authors. They do not necessarily reflect the views of this station or its management.