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Trends in College MediaAn online publication of the Associated Collegiate Press Student governments, open up
By Mike Hiestand
They're elected by your readers. They spend your readers' money - sometimes lots of it - and make policy on issues that affect them. But when you send a reporter to their meeting to write a story on what they're up to, they kick her out. Of course, every student journalist knows - without further explanation - that we're talking about student governments. I think it's fair to say that, in America at least, no other group of elected officials so perfunctorily shirk the accountability that we generally expect from those we've chosen to govern us. If nothing else, it's a lousy way to prepare our next generation of leaders. Now, of course, many student government associations take their obligations to be open and accountable seriously. They understand the importance of open government when it comes to generating trust among those they govern. Some even have an understanding of their legal obligations to ensure public access under a state open meetings or open records law. But from where I stand, way too many do not. Every week I hear from a student news organization that has been kicked out of a routine budget meeting or denied access to a copy of the minutes from a student government committee hearing. In my mind, it shouldn't make any difference whether or not the law compels a student government to open its doors and books. It's just the right thing to do. A secret government is bad government. Sadly, moral and ethical persuasion is not always enough to convince some student government leaders who simply find it easier to operate away from the inconvenience of public scrutiny. Fortunately, each state has both an open records and open meetings law on their books. Unfortunately, crystal clear legal answers on this topic can be hard to come by. Lawmakers have paid surprisingly little attention to student government bodies in crafting their state freedom of information laws. In fact, the laws of only three states - California, Nevada and Washington - specifically mention student governments as among those "public bodies" required to hold open, public meetings and provide copies of their records. Likewise, few courts have addressed the issue. Still, in all but a few states, the language contained in such laws arguably encompasses public college and university student governments. (Student governments at a private school are not covered by these state laws and student media attempting to cover them are generally left to their powers of moral and political persuasion.) On a college campus, the student government makes news. As journalists, you have an obligation to your readers to cover and report that news even - and perhaps especially - when the student government fails to understand their obligation to make such information readily accessible. For more information, check out the Student Press Law Center's new state-by-state guide, Access to Student Government Records and Information, available online at: http://www.splc.org/legalresearch.asp?id=69 Mike Hiestand is an attorney and works as a legal consultant to the Student Press Law Center. © Copyright 1999-2007 Associated Collegiate Press |
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