Rights of Access: Statutory Considerations

When considering the argument of access to public records, there are two sides to consider: rights of access and rights of privacy. Of course some information must always be kept private, but there are different schools of thought about which information should be available for public viewing.

Statutory considerations in rights of access arguments basically refers to any and all applicable state and federal laws regarding freedom of speech or freedom of press. State constitutions may also be used in statutory considerations when considering any applicable articles or amendments.

State Constitutions

Each state has established and maintains its own set of rules and guidelines for conducting everyday business and measures of order. These state constitutions have typically been modeled after the U.S. Constitution, meaning there are articles and amendments added as needed. Many of them allow for certain rights of speech and press, which can be used in local arguments regarding rights of access to public documents.

These documents can include agency records, Congress records, military records or any information created and maintained by a government body or person. When the U.S. Constitution may not clearly establish whether a particular piece of information should be publicly accessible, the respective state's constitution may.

Federal and State Laws

In addition, federal and state laws regarding freedom of speech or rights of the press are included in the statutory considerations when arguing rights of access to government and public records. For example, the Universal Declaration of Human Rights, adopted by the United Nations in 1948, states that everyone has the right to "receive and impart information and ideas through any media and regardless of frontiers."

This right is further protected in the International Covenant on Civil and Political Rights, the American Convention on Human Rights and the African Charter on Human and Peoples' Rights.

These further establish this right to seek, receive and impart infromation and ideas.

Many state laws that are similar to these federal laws may impart further freedoms to their local citizens or patrons. The basic understanding is that state laws may allow more freedoms of speech and press than the federal laws, but not less. In addition, they may not in any way go against the federal laws or Constitution, but rather reinforce and perhaps further specify the types of rights of access local citizens may enjoy.