University of North Carolina professor David Ardia argues that the public’s right to access government information should be a constitutional right—not just a statutory one. 

In a Arizona Law Review article, Ardia writes that access to information is essential for democratic self-governance and should be recognized as a constitutional safeguard against government abuse. While some scholars point to the First Amendment as a possible foundation for a right to know, Ardia frames it more broadly rooted in the Constitution’s core principle of popular sovereignty. 

He also examines how other countries handle this: 48 national constitutions explicitly guarantee the right to information. 

You can read the article here.  

Posted: June 26, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, Brechner Freedom of Information Project, Government Transparency, open records laws