Texas Association of Broadcasters

Texas Association of Broadcasters

Thank you, Bob (Cohen) for that kind introduction. I'm glad to be here with you today.

I'd like to take this opportunity today to talk to you about an issue that's near and dear to my heart - and yours - our commitment to the fundamental principle of open government.

Open government is one of the most basic requirements of any healthy democracy. It allows for taxpayers to see where their money is going; it permits the honest exchange of information that ensures government accountability; and it upholds the ideal that government never rules without the consent of the governed.

As is so often the case, Abraham Lincoln said it best: "No man is good enough to govern another without that person's consent."

But achieving the true consent of the governed requires something more than just holding elections every few years. What we need is informed consent. And informed consent in any election season is impossible without an open and accessible government - and, I should add, a free, responsible press.

Of course, the news media is the main way we get information about government. The media pushes government entities, bureaucrats and agencies to release information that the people have a right to know, exposing waste, fraud and abuse - and if we're lucky, showing what a good job most government employees are doing at any given time.

Yet we all recognize that in times of war or heightened national security concerns, the natural, healthy tension between the government and the fourth estate can become quite strained. As the vast scope of broadcast media seeks more footage and information, our security interests often clash with the daily news cycle. This has all sorts of implications, for the press and for self-government. And our own consistency can make it harder for our national leaders to successfully defend the nation and our national interests. We all know that the other side in this current war has no democratic principles of freedom and openness, no pressure to expose their plans, and no daily press conferences with difficult questions from Wolf Blitzer.

No less a wartime leader than Winston Churchill expressed frustration with this situation, saying: "Nothing is more dangerous in wartime than to live in the temperamental atmosphere of a Gallup Poll, always feeling one's pulse and taking one's temperature."

Especially during an election year, with spin-doctors from every perspective plying their trade, it is hard enough to know who and what to believe. But clearly, absent open government, solid information never has a chance to see the light.

On the other hand, there is the inherent risk that a broadcast can literally risk the lives of American troops in the battlefield.

This challenge was the subject of a comedy sketch on Saturday Night Live during the Gulf War when a poor U.S. military spokesman was pestered with questions from the press about "Where are we most vulnerable to attack?" "What would be the most damaging information for the Iraqis to know?" and from a man claiming to be from the Baghdad Times, "Where exactly are your tanks, and can I go and look at them?"

But even during war, open government is possible. Indeed, the most startling example is the unprecedented "embedding" program adopted by the Pentagon in Iraq . By allowing news reporters and photographers to accompany U.S. troops, the military freed the media to document the war from the front lines.

Invitations were issued to over 200 U.S. news organizations and approximately 100 non U.S. news media, including Al-Jazeera, and including news organizations from Britain, France, Germany, Canada, Australia, Hungary, Denmark, China, South Korea, Russia, Israel, India, Japan, Peru and Egypt. More than 230 media representatives attended Department of Defense "media boot camps" to prepare them for battlefield conditions. And as many as over 700 reporters were embedded by the Pentagon within various U.S. military units throughout the four services at any given time - including Special Operations Forces.

As a result, the media was able to cover the war with as much access as possible, consistent with national security. This kept Americans more informed on the day to day action than ever before, undermined Iraqi propaganda - such as false allegations of massacres by U.S. Forces against Iraqi citizens - and resulted in a more informed citizenry.

This was a stroke of genius and one wholly fitting for the world's greatest democracy. But we can and must do more in the arena of open government.

As Attorney General of Texas, it was my responsibility to ensure that Texas government was open and accessible to all citizens. I believed then and I believe now it was important to ensure not only the enforcement of the full letter of the law to maximize the openness of government, but also to provide for the swift and efficient enforcement of those laws.

So I took numerous steps as Attorney General to ensure that the open government laws were a priority, and that they were fully and swiftly enforced. This record of open government law is one of my proudest achievements.

Today, my work in the U.S. Senate includes overseeing the Executive Branch's enforcement of all laws, including federal open government laws like the Freedom of Information Act, the Government in the Sunshine Act, the Federal Advisory Committee Act, and the E-Government Act of 2002, and to write new open government laws when appropriate.

I promised my fellow Texans that, as Senator, I would continue my commitment to bringing open government to
Washington. So I have started by supporting on-going efforts to make the Congress more accessible to the American people, including broader Internet access to Congressional documents. I've also called on the Librarian of Congress to improve public internet access to legislation and voting records - the current system is much too confusing for the average person, and must be improved.

These are modest beginnings, but my long-term goal is simple: I want to bring Texas open government principles to Washington. Texas law is quite simply better than the federal law on this point, and I believe we should follow that path of structural reform, one that will lead to greater access and openness in government for all American citizens.

Towards that end, I'm announcing today that I will undertake a comprehensive legislative agenda to eliminate the disincentives for federal agencies to comply with open government laws. We must shift the burden of processing FOIA requests away from the requestor, and toward the government. And, there must be sure and swift consequences for agencies that regularly miss their FOIA deadlines.

Our default position must be one of openness - if records can be open, they should be open. If there is a good reason to keep something closed, it is the government should bear the burden of proof - not the other way around.

I understand that there are many issues which may seem more pressing to some inside the Beltway, but it is fundamental to our form of government that we continue to fight for and defend the principles that our Founders laid out in the Declaration of Independence and in the Constitution of the United States. I can think of nothing more important, or more fundamental to our nation's basic ideals, than to maintain an open and accessible government.

Let me close with this. I recognize that we are in an election season, and broadcast media in particular is competing for the best stories. With all the political ads, pundits, and cacophony associated with campaigns, I know some of us are tempted to occasionally tune out to preserve what remains of our peace of mind. Still, you have an enormously important role to play, and without your work, the prospect of an educated and informed electorate would be nothing more than a pipe dream.

Some say that open government is a media issue, and for those who have an ax to grind with the media from time to time, it
is easy to see why some superficially think it is not particularly important. I disagree. Open government is an American issue; it is literally necessary to preserve our way of life as self-governing people. And, as such, it is certainly a cause worthy of our time, energy, and talent to fight for and preserve.