The founders of the United States recognized that a free press was
central to the concept of liberty. The principles used to develop the
Michigan Press Association legislative agenda flow from the
understanding of the importance of a free and robust press that is
mindful of its responsibilities as a source of information for the
people.
Freedom of Information
MPA believes freedom of information should be the rule and secrecy the exception.
The Situation.
Lawsuits,
interpretations, and legal opinions have eroded the Freedom of
Information Act to the point where it no longer provides the people
with a powerful tool to monitor the activities of the government that
serves us.
The Solution.
The
Freedom of Information Act must be examined to take into account
changes which have taken place since its enactment. Exemptions for
personal information about private citizens must be tempered with the
public’s right to know about the affairs of government. FOIA must be
strengthened so that it once again achieves its intended goal: the
right of citizens to be aware of the workings of their government.
Open Government
MPA believes freedom of the press is not an end unto itself, but a means to achieve a free society.
The Situation.
Michigan’s
Open Meetings law has suffered over the last few years. Governments
have given themselves the authority to meet apart from the general
public to discuss matters for which there is a perceived need for
secrecy. Public servants are more shielded from the people they serve
than ever before and this promotion of secrecy breeds suspicion and
disrespect for those we elect to represent us at all levels of
government.
The Solution.
MPA
recognizes that this is a more complex era and that some discretion is
necessary for the efficient working of government, but The Open
Meetings Act must be examined and strengthened to ensure that openness,
not secrecy, is the principle under which our governments operate.
Taxes
Newspapers
are an integral part of their community and employ nearly 15,000 people
across Michigan. Fair taxation helps them stay in business.
The Situation.
As
the state grapples with structural deficits, various new taxes have
been discussed that would pose a serious threat to newspapers’ ability
to inform the public and provide jobs in their communities.
The Solution.
As
the state contemplates how to resolve budget problems, avoid looking at
new taxes like an advertsing tax that will affect all business and
effectively reduce the amount of job providers. In addition to being
bad for business, an advertising tax would be an administrative
nightmare for the state. Other states that have tried enacting such a
scheme have abandoned the effort because it simply didn’t work.
Public Notice Advertising
Newspapers are the most effective and efficient means of publishing wide-reaching public notices.
The Situation.
Recent
advancements in technology have prompted many people to question
whether the Internet or other means of communication might be better
suited than newspapers to publish public and legal notices as required
by law. Despite the increasing presence of the Internet in more homes,
newspapers still represent the most effective way of publishing
wide-reaching legal notices to create a permanent and verifiable record
that the government is operating under applicable public notice
statutes.
The Solution.
The
Internet, with all of its strong points, remains a much less effective
way to keep citizens informed of the public notice process. The
Legislature must not succumb to the notion that electronic publication
can replace traditional legal and public notices. Government must also
recognize the small, but ever increasing, cost of publishing legal
notices and create a market-driven measure for determining appropriate
notice rates. As an augmentation to the printed notices in our member
papers, MPA/MNI is developing a web site that will enable citizens to
search for public notices. However, in order for a permanent record to
be maintained and archived, they must continue to be printed in the
newspapers.
Privacy
Ethics
and good taste, rather than legal restrictions, should determine the
limits between the public’s right to know and an individual’s right to
privacy.
The Situation.
The
right to be left alone is one of the most treasured of our civil
liberties. But what exactly is meant by the right to privacy remains an
unanswered question. The right to shield one’s personal information
from public scrutiny is certainly more important than the right not to
be besieged by telemarketers, yet each falls under this penumbra of
privacy. The limits of the right to privacy are vague but the
consequences of its violation can be severe.
The Solution.
The
conflict between the public’s right to know and an individual’s right
to privacy stems from the collection of personal information for the
public good. We must examine our laws to determine whether the data
accumulated by the government serves this public good or if that good
can be provided by less intrusive means. Reasonable rules regarding
marketing activities can be developed to ensure that businesses can
attract new customers and citizens can enjoy their privacy.
The
Michigan Press Association Legislative Agenda was developed in
consultation with the Board of Directors of MPA, the Legislation and
Freedom of Information Act Committees and the input of the 300 daily
and weekly newspaper members. The issues identified here represent the
principal focus for the interaction of the MPA with the Michigan
Legislature.
For more information please contact:
Mike MacLaren, Executive Director or
Lisa McGraw, Public Affairs Manager