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If You Don't Want It Printed, Then Don't Say It

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Susan Pruitt

Editor-in-Chief

 

 

foia

 Courtesy of MCT

   At the Student Government Association meeting held Sept. 10, members filtered information, which neglected to follow laws mandated by the Freedom of Information Act. Whether the SGA meant to break the law remains unknown, but I felt the SGA, as well as other campus organizations, need to know the laws pertaining to the filtering of information.

   During the SGA meeting, members attempted to keep information confidential by citing information as “off the record” on several occasions. According to the Arkansas Freedom of Information Handbook, public meetings, such as SGA meetings, remain subject to FOIA because the body receives funds from the public. The Student Press Law Center says students at a public school have the right to voice their opinions and write about the issues that concern them, just like every other American. The FOIA gives citizens the right to obtain information and media the right to report information discussed within public meetings. I believe organizations have a responsibility to the student body because the student body, which elected SGA members, possesses the right to know everything that happens in SGA meetings.

 
   Examples of the SGA filtering information at the meeting include:

  • “(Homecoming) nominations are due the 18th. Say tentative schedule because when Marshelvia (Thompson) talked to me about this, she was walking to Dr. Brown’s. So, put tentative date being the 18th,” Zack Tucker, temporary senate pro-tempore, said.
  •  Jonathan Greenlee, a senior speech communications major, said, “Everything I say is off the record.”
  • At one point, SGA President Sandy Herring received a phone call during the meeting. Greenlee stated, “That has nothing to do with this particular meeting.”
  • “I hate to try to filter, but could you not report the nominations just in case they change the process?” Tucker asked.
  • Tucker said the cabinet continues to work on its constitution and suggested Herring write a letter of support to the Assembly for their efforts. “That can be reported that (Herring) is going to write a letter of support,” Tucker said.
  • Greenlee asked why Student Affairs didn’t give back the lost hours due to scheduling problems. The group said, “Shhhh!”
  • “Unreported, off the record, there was a student who got stopped in a vehicle on campus and they didn’t have their student I.D., but had their driver’s license and they got a ticket,” Ronald Forte, SGA vice president, said.
  • Herring said if you don’t have your student I.D., you can get a ticket.“That probably needs to go in there,” Herring said.“Yeah, put that,” Tucker said.
  • Herring said whether you are walking or driving and you are on campus, you must have your student I.D. Tucker said,“And, off the record, this…even in the dorms. We are even told to write people up if they just got out of the shower walking back to their room and don’t have their I.D. card. We’re not going to do it. Like I said, keep that off the record. That’s not going to be enforced.”

  
   The SGA not only neglected to provide information to the student body, but neglected to enforce University rules, but that’s not the motive of my commentary. My commentary’s purpose remains to inform organizations of their responsibility to provide information.

   The AFOI handbook states the only time information remains confidential is during an executive session. It states, “Executive sessions will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer.”

   Just in case one is thinking of pulling a fast one, the person calling an executive session must notify representatives of newspapers, radio stations and television stations at least two hours before the meeting takes place. It also states, “Executive sessions must never be called to defeat the purpose of (FOIA) and testimony and voting must be done in a public session.”

   The First Amendment of the United States Constitution states Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances. As a government-derived organization, I think the SGA should be familiar with such political issues as the First Amendment.

   In Time magazine, Supreme Court Justice Hugo Black, advocate of judicial restraint, took the First Amendment literally. He said, “All I am doing is following what to me is the clear wording of the First Amendment that 'Congress shall make no law . . . abridging the freedom of speech or of the press.' As I have said innumerable times before, I simply believe that 'no law' means no law. I think the Supreme Court is about the most inappropriate supreme board of censors that could be found. The plain language of the Constitution recognizes that censorship is the deadly enemy of freedom and progress and forbids it." Black had it right because without freedom, democracy simply doesn’t exist.

   According to the SGA Web site, their purpose remains to promote the interests and opinions of the students on matters that affect them and to establish and promote projects that are beneficial to the student body. They also serve as the official voice of the students on matters of policy and its implementation. Organizations need to keep in mind they remain in a learning atmosphere at UAM where knowledge is power, but the real power lies with the law.

   If you don’t want it printed, then don’t say it! It’s my job as a reporter for The Voice, the campus newspaper, to report what actually happened in a meeting. If I wanted to filter, God would’ve made me a coffee maker instead of a reporter.


 


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