EditorialApril 16, 2014

Government Transparency Directly Related to Our Liberty

The Founding Fathers and Transparency

In his book "Transparent Government: What it Means and How You Can Make it Happen," Donald Gordon quotes Patrick Henry's words from the June 9, 1788 Virginia Constitutional Convention: "The liberties of a people never were, nor ever will be, secure when the transactions of their rulers may be concealed from them."

Gordon, who teaches political history at Northwestern University, writes that "to practice democracy in a republic requires that we not abdicate our role as citizens." The author elaborated on Henry's strong advocacy for transparency in the new government when he noted Henry's belief that "to cover with the veil of secrecy the common routine of business, is an abomination in the eyes of every intelligent man, and every friend to this country."

Gordon goes so far as to suggest that it would not be inaccurate to refer to Patrick Henry as "the father of transparency in government."

Democracy Requires Transparency

Gordon also reminds the reader of the words of Thomas Jefferson in a letter to Edward Carrington — words often quoted by journalists but that apply equally to all citizens:

"The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the later."

Despite Jefferson's high appraisal of newspapers as a Fourth Estate providing checks and balances, Gordon notes that the founding fathers placed few formal requirements on officials to make government transparent. The concept existed in principle long before the legal frameworks we have today — frameworks like the federal Freedom of Information Act and, here in Georgia, the Open Meetings Act and Open Records Act.

What has changed is not the principle but the enforcement mechanism. The ideas of Henry and Jefferson have been codified into law, giving citizens the legal tools to demand the transparency the founders believed was essential to liberty.

Georgia's Sunshine Laws Today

Georgia's Open Meetings Act requires that virtually all meetings of government bodies be open to the public, with limited exceptions. The Open Records Act gives any citizen the right to inspect and copy public documents held by government agencies. Together, these laws — commonly called the "Sunshine Laws" — are the practical expression of the founders' ideals in Georgia governance.

The 2012 overhaul of Georgia's transparency laws significantly strengthened both statutes, adding civil penalty provisions and giving the Attorney General's office clearer enforcement authority. The subsequent case against the City of Cumming, in which a judge ordered the city to pay more than $12,000 in fines for preventing a citizen from recording a public meeting, demonstrated that these laws have real teeth.

But laws are only as effective as the citizens who use them. The Transparency Project of Georgia was created precisely to help Georgia citizens understand and exercise the rights that Patrick Henry and Thomas Jefferson believed were fundamental to a free people.

The Citizen's Role

Donald Gordon's argument — that practicing democracy requires not abdicating citizenship — applies directly to open government. When citizens stop attending public meetings, stop requesting records, and stop paying attention to what their local government is doing, elected officials face fewer constraints on their behavior.

The result is not always malicious. Sometimes officials simply fall into habits of convenience that shade toward opacity — holding work sessions that become de facto decision-making forums, treating boilerplate executive session motions as routine formalities, or delaying records responses beyond legal deadlines because no one complains.

The cure is citizen engagement. Attend a school board meeting. Request your city's budget. Ask to see the minutes from last month's county commission meeting. These are not radical acts — they are the basic exercises of a free citizenry that Henry, Jefferson, and the other founders believed were essential to preserving liberty through the generations.

As Jim Zachary of the Transparency Project of Georgia says: government belongs to the governed. The tools to hold it accountable belong to you.

Frequently Asked Questions

Why did Patrick Henry emphasize government transparency?

Patrick Henry understood that self-governance is impossible when citizens cannot observe what their government is doing. At the Virginia Constitutional Convention of 1788, he warned that citizens can never be free when the transactions of their rulers are concealed. He saw secrecy in government as incompatible with liberty.

Henry's view was that democracy requires an informed citizenry. When officials conduct public business in secret, citizens are reduced to subjects — unable to evaluate, criticize, or hold accountable those who govern them.

What did Thomas Jefferson say about the relationship between press and government?

Jefferson wrote in a letter to Edward Carrington that "the basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the later."

This quote is often cited by journalists, but its deeper meaning applies to all citizens. An informed public — not just a working press — is the essential check on government power. The press serves as a proxy for citizens who cannot attend every meeting or read every document.

How does government transparency relate to liberty?

When government operates in secret, it can accumulate power without accountability. Citizens who cannot see what their government is doing cannot effectively contest its decisions, report misconduct, or hold officials accountable at the ballot box.

Transparency is therefore not merely a procedural nicety — it is a structural component of free government. Georgia's Open Meetings Act and Open Records Act are legal expressions of this principle, giving citizens the tools to observe and evaluate their government's actions.

What is the difference between practicing democracy and abdicating citizenship?

Political theorist Donald Gordon argues in "Transparent Government" that practicing democracy requires active citizenship — attending meetings, requesting records, and engaging with the process of governance. When citizens stop participating, they effectively abdicate their role in the republic.

This distinction matters because rights not exercised tend to atrophy. Government officials who rarely face citizen scrutiny gradually become less transparent. The habit of openness in government depends on the habit of oversight by citizens.

How can ordinary Georgia citizens practice government oversight?

You don't need to be a journalist or an attorney to hold your government accountable. Start by attending your city council, county commission, or school board meetings. Read the agendas in advance — they must be posted publicly before the meeting.

If you suspect information is being withheld or a meeting is being improperly closed, file an Open Records Request in writing. The Georgia Attorney General's Open Government Mediation Program is free and available to all citizens.