Why does our Right to Know matter?

In our previous column, we introduced the Right to Know and the Montana Transparency Project, our nonprofit organization that champions, amplifies and educates Montanans about this crucial right. Today, let's delve deeper into the special nature of the Right to Know as enshrined in the Montana Constitution. We have a special Right to Know in Montana that deserves all Montanans’ special attention. We should use this important liberty to appreciate how lucky we are here, and to bring to life the participatory spirit that this right and other rights in our unique state constitution embody.

As Montanans, we have a unique opportunity to demand transparency from our government through our constitutional Right to Know. Though six other states have similar provisions, Montana is the only state in which the legislature cannot restrict our right to request information. In fact, the only limit on our Right to Know is our equally strong constitutional Right to Privacy. Balancing the Right to Know with the Right to Privacy in Montana is logical. A public employee’s personal performance review shouldn’t be public information, and neither should medical information held by the state, for example. But the Right to Privacy only prevails when the demand of individual privacy clearly exceeds the merits of public disclosure. So, your Right to Know means you have a right to information about nearly everything—from partisan caucus meetings in the legislature to local police abuses of power.

State constitutional law is a popular topic right now, and Montana’s Constitution is notable for the extent of its fundamental rights. Our courts do not simply mirror our state constitutional rights after federal rights in the U.S. Constitution. Instead, Montana’s courts acknowledge that the drafters of the Montana Constitution were doing something different. Our framers were setting aside power for Montanans, creating a unique political culture reflective of Montana’s history and people. Montana’s Right to Know is a part of our Constitution’s robust interest in preserving power for the people to participate in our government.

Our Right to Know is a companion right to the other constitutional rights that ensure meaningful citizen participation in state government. The Right to Know supports your Right to Vote (Article II, Section 13) by helping you make informed voting decisions. The Right to Participate (Article II, Section 8) depends on the Right to Know, because you need to know when and where public meetings are taking place to participate in them. Even rights as basic as Montanans’ Right to Self-Government (Article II, Section 2) are fortified by the Right to Know, because understanding the decisions our government makes is our way to ensure our government has our best interests at heart.

So, we’ll ask again: What do you want to know? Whatever it is, Montana Transparency Project is here to help you exercise your Right to Know.

Visit our website at montanatransparencyproject.org. If you have questions, comments, column topics you’d like us to address, or if you want to submit your own information request, contact us at [email protected] and we would be happy to help!