Why is Montana’s right-to-know so important?
The Montana State Capitol in Helena on Wednesday, April 26, 2023. (Photo by Mike Clark for the Daily Montanan)
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.
About this column
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 info@montanatransparencyproject.org and we would be happy to help!
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