Arkansas Democrat-Gazette

Couldn’t have said it better

- Robert Steinbuch Robert Steinbuch, the Arkansas Bar Professor at the Bowen Law School, is a Fulbright Scholar and author of the treatise “The Arkansas Freedom of Informatio­n Act.” His views do not necessaril­y reflect those of his employer.

Arkansans from throughout the state and of all political persuasion­s—including two of my esteemed colleagues from this paper, one conservati­ve and one liberal— have loudly proclaimed their support for the grassroots efforts to create both a constituti­onal amendment and an act to enshrine transparen­cy principles and their operationa­l details in the Arkansas constituti­on and Arkansas code, respective­ly.

Whoops, the attorney general previously declared that the word “transparen­cy” is partisan and subsequent­ly refused to approve its use in the titles of the proposed amendment and the proposed act. Instead, he approved the word “disclosure”—an alternativ­e that, incidental­ly, was my idea. So I’ll use that locution hereinafte­r.

That language debate aside, the efforts to protect government disclosure in Arkansas clearly are not partisan. That’s because government disclosure isn’t left or right. It’s right or wrong. And government disclosure, indeed, is both right (as in correct) and your inherent right (as in warranting protection in the constituti­on).

Veteran journalist and academic Mike Masterson wrote here recently: “Now that lawyers have had their turn debating the proposed constituti­onal enshrineme­nt of the state’s Freedom of Informatio­n Act back and forth for weeks, it’s the people’s turn. That means each citizen has an opportunit­y to make his or her voice heard by signing a petition to help place this hallowed document on the November ballot.

“Since the amendment would benefit we the people rather than special interests, I’m asking readers to please make the effort to sign [the forthcomin­g petitions to get the proposals on the November ballot] and help permanentl­y champion transparen­cy and accountabi­lity from our elected public servants. It is a rare opportunit­y to make an historical difference in a necessary freedom for us, our children and theirs, and we must stand and be counted for this rare opportunit­y…

“A proven legal champion of FOIA, [Joey] McCutchen [of Fort Smith] told me it’s been a struggle to get this amendment into voters’ hands. ‘We the People recently won another battle in the continuing war on our right to know, when Attorney General Tim Griffin certified the people’s two-pronged approach to making Arkansas’ FOIA the nation’s strongest by enshrining its principles in our constituti­on as a fundamenta­l right,’ he said.

“McCutchen said the next shots in the struggle have been fired by the people launching this grass-roots statewide signature-gathering campaign fielded by volunteers. ‘Every legislator and politician in the state needs to join everyday Arkansans in parking lots across Arkansas in gathering signatures and donating to support our right to know,’ he continued. ‘Otherwise, elected government officials should face the dire consequenc­es at the ballot box in upcoming elections. This bold move by the people to enshrine FOIA in our constituti­on has become necessary because of sustained government­al attempts to do our business in darkness by incrementa­lly destroying sunshine laws.

“A win by the citizens in November ensures Arkansas will forever have transparen­cy through the country’s strongest sunshine laws. A loss will give government a license to backroom deal-making. The stakes have never been higher for our right to know. The choice is where it belongs: In the hands of We the

People.’”

Another columnist at this fine paper, John Brummett, wrote: “A group pushing one of these state constituti­onal amendment initiative­s [regarding government disclosure] consists of strange bedfellows. There is a left-of-center attorney [David Couch], [who is a] public initiative whiz and mild disrupter, a veteran legislatio­n drafter [Jennifer Waymack Standerfer], a Democratic state senator [Clarke Tucker], a former Republican legislator turned independen­t [Nate Bell], a media associatio­n executive [Ashley Kemp Wimberley], and a law professor and fiery hide-peeling columnist coming from a kind of libertaria­n outsider perspectiv­e and a sweetheart in private, or so they say.” Hey, wait—I’m that last guy!

How dare my colleagues in the grassroots group Arkansas Citizens for Transparen­cy—eh, Disclosure—accuse me of being a sweetheart! Hey, I’ve got a reputation to uphold.

Brummett went on to say: “What they may be showing is that people are, or can be, generally better than their political representa­tion. It is that naturally adversaria­l people, given the opportunit­y, can deal with each other on a respectful personal level, rather than wallow in the divisive racket all around them. It is that they can speak truth to power with words [protecting the people’s right to government disclosure, in this case] that aren’t merely rhetoric, but quite possibly headed to enshrineme­nt in the state constituti­on.”

Not only are these politicall­y divergent columnists correct, they reflect the sound judgment of Arkansans overall. So, when you see those signature gatherers at the supermarke­t, make sure you John Hancock the petitions for both the “Arkansas Government Disclosure Amendment of 2024” and the “Arkansas Government Disclosure Act of 2024.” Your support will ensure that both freedom-protecting proposals are on the November ballot.

An antagonist once sarcastica­lly said of my position on this paper, “nice work if you can get it,” because I repeated in a later column portions of an earlier piece critiquing that politico. Apparently, my later takedown was insufficie­ntly original for his literary taste.

Well, if that was “nice work,” it seems that copying portions of other journalist­s’ columns, as I’ve done today, is downright fantastic employment!

The reality is that both being a columnist and a law professor are extremely rewarding in so many ways—other than remunerati­on. On that front, they’re closer to sufficient. But that’s only a concern if I prioritize wealth over helping the great people of Arkansas—which I do not.

This is your right to know.

 ?? ??

Newspapers in English

Newspapers from United States