Guest opinion: It’s the public’s right to know – not the media’s

Recently, the Montana Transparency Project joined the Montana Freedom of Information Coalition, a group of veteran journalists who provide free open-records and open-meeting advice and aim to enhance open government in Montana. Each month, the Montana Transparency Project writes these columns to share our work related to the right to know, how to access that right, and the problems facing it. Our recent series highlights the perspectives and experiences of those who have been at the forefront of this work for decades.

Continuing this series, we spoke with Jim Strauss, a coalition board member who worked as an editor and publisher at Montana newspapers for more than 30 years. His decades of experience in journalism give him a valuable perspective on the right to know, both as a citizen and as a journalist. His responses have been lightly edited for length and clarity.

What should Montanans know about their right to know?

Montanans need to know how fortunate they are compared with other states and countries. Because it is in our constitution, this elevates transparency to a fundamental right rather than a statutory privilege.

This isn’t just a right on paper – it’s a right Montanans regularly exercise.

Journalists, citizens and watchdog organizations have successfully relied on these provisions for decades to hold the government accountable, making Montana’s transparency laws among the strongest in the nation. Our laws are often cited as a model of protecting the public’s right to know.

What are the most common misconceptions people have about public records laws or open government requirements?

Too often I hear Montanans discuss “media rights.” It is the public’s right to know – not the media’s right to know. The media, in their role to report and inform, often exercise the public's right-to-know laws to ensure government transparency and to help citizens engage with their government in an informed manner. But the Montana Constitution crafted these rights for the public, not the media.

What are the biggest practical barriers Montanans face when trying to access public records in Montana?

Many Montanans simply don’t know what their rights are and can be buffaloed by officials who deny them records that should be public or access to meetings that should be open. They don’t know they can challenge, and they don’t know how to challenge these illegal decisions.

My largest concern is not with any agency but rather the high legal costs of defending the public’s right to know. On a federal, state and local level, government officials are being emboldened by these rising costs, knowing that it is a huge deterrent to members of the public and media. Despite this, I am encouraged that Montana media outlets this past year have come together to share costs and filed lawsuits jointly to fight abuses of the public’s right to know in Montana. Our unified voice is a louder one.

One point Strauss mentioned that we want to emphasize: The best way to keep a right healthy is to exercise that right regularly. And that right does not belong to just the media. It is all of ours to practice. 

When you’re ready to exercise your right to know, reach out to us at the new Coalition website, montanafoi.org.

Caroline Bullock is secretary of the Montana Transparency Project.