The U.S. Supreme Court last month said we can’t see certain kinds of information we may well need to participate in democracy as self-governing citizens. To paraphrase a line from “Network,” the movie and play recently on Broadway, we should be “mad as hell” about it.

The court ruled, 6-3, in Food Marketing Institute v. Argus Leader Media, the that the Freedom of Information Act (FOIA) does not provide the public with access to records from private companies given to a federal agency if the agency obtained the information with a promise to keep it secret.

In the decision, the court voided a decades-long practice — supported by lower court decisions — that such “confidential” information could be released unless it caused “substantial harm” to the business, with an eye to toward disclosures in the public interest related to safety concerns, or to the exposing of waste, fraud or abuse, among other points.

Justice Neil Gorsuch wrote in the majority opinion — agreeing with a grocery trade group — that current law provides that agencies and private companies don’t even need to have a specific reason for secrecy — just a company tag on records it considers “confidential” justifies denial of an FOIA request.

The decision is likely to decrease public access to vital records, such as information about private companies that receive federal funds. It will hamper — if not stymie — the obtaining of information the public can use to determine things like fraud, overcharging and the quality of work. The decision also comes as it’s ever more likely a private company will be contracted to carry out government projects or duties.

In the case at hand, the Sioux Falls, S.D., Argus Leader newspaper sought information in 2011, through an FOIA request, on the number of in-state stores participating in the federal food stamp program, as well as store-by-store data on the amount of purchases made using food stamps.

Argus Leader news director Cory Myers said after the decision that “this is a massive blow to the public’s right to know how its tax dollars are being spent, and who is benefiting.”

Justice Stephen Breyer disagreed with the decision, saying the “the whole point of the Freedom of Information Act — first signed into law in 1966 — is ‘to give the public access to information it cannot otherwise obtain.’”

Breyer said that given public and private sector tendencies to treat all information as private if not required to be disclosed, “the ruling … will deprive the public of information for reasons no better than convenience, skittishness or bureaucratic inertia.”

Whatever the reason the Supreme Court saw for supporting non-disclosure under FOIA based on a company’s self-designation, a democratic republic based in the ultimate authority of an informed and engaged electorate requires the highest degree of government openness and transparency.

We cannot decide how our government is doing if we don’t know what our government is doing — and that holds true for those places where government intersects with business.

Gene Policinski is president and chief operating officer of the Freedom Forum Institute. He can be reached at [email protected], or follow him on Twitter at @genefac.

BY RON WILSON
Huck Boyd National Institute for Rural Development

Where do bibles and rifles connect? That unlikely combination can be found in the history of Kansas, and particularly in one historic rural community church. This church is continuing to serve its members and its historic legacy.

Don Whitten is a member of the Beecher Bible and Rifle Church in Wabaunsee. He told me this remarkable history. It all began in the 1850s era of Bleeding Kansas, when the people of the territory were involved in a vicious debate over whether Kansas would become a slave state or a free state. Advocates for both sides flooded Kansas territory. For example, abolitionists in Connecticut raised money to send a group of free-state colonists west.

A famous New York preacher, Henry Ward Beecher, raised money for the cause and sent crates of rifles and bibles to the colonists. According to legend, the rifles were covered with bibles so as to get through the pro-slavery state of Missouri.

In 1856, the Connecticut colonists came to Wabaunsee. In the following year, they organized the First Church of Christ there. A new stone church was dedicated in 1862. This became the site of one of the most influential Congregational churches in Kansas.

By the 1930s, population had fallen, church membership dwindled and the church closed. In 1950, it re-opened. Today, the Beecher Bible and Rifle Church is an independent, non-denominational church which still meets in the original but remodeled stone building. Services are held each Sunday at 9:45 a.m. with Pastor Lynn Roth officiating.

Local residents George and June Crenshaw actively supported the church. Friends of theirs named the Thompsons donated funds for a new building and education center next to the old stone church building. The new building was dedicated in 1993.

Don Whitten has compiled the history of the church. He is a career military man who retired from Fort Bliss, Texas and moved to Wabaunsee, Kansas. He and his wife arrived in Wabaunsee in 1971 in the middle of a big snowstorm. When a neighbor, Inez Drake, learned of their situation, she thoughtfully alerted a snowplow crew to clear the streets before the Whitten’s moving truck arrived the next day.

Another neighbor, Mrs. Morgan, came over and invited them to her church at Wabaunsee. “We turned her down because we didn’t even have our clothes here yet,” Don said. Mrs. Morgan persisted in following weeks. “After the third or fourth time, I told my wife, `Let’s go to that church and get that old lady off our back,’” Don said. “We came to that church the next Sunday and we’ve come ever since.”

The Whittens appreciated the warm welcome of the congregation and the preaching, fellowship, and rich history. It was the first inter-racial Congregational church in Kansas. The late Mrs. Morgan herself was African-American and a long-time member. Her picture is displayed inside the church entrance.

Another long-time tradition at the church is Old Settler’s Day, held annually on the last Sunday of August. On Sunday, Aug. 25, 2019, a potluck lunch will be held at the church, followed by a historical program. This year, that program will be presented by me. The public is invited to attend at no charge.

This church and the community and region which it serves are rich in history. The building is listed on the National Register of Historic Places. It is located along the Native Stone Scenic Byway and along the route of the Underground Railroad which ran through the Kansas River valley.

That’s a lot of history to be found in a rural community. Wabaunsee is an unincorporated town with a population of perhaps 100 people. Now, that’s rural.

For more information, look for Beecher Bible and Rifle Church HERE.

Where do bibles and rifles connect? In this case, they connect with Kansas history in a rural community church. We commend Don Whitten, Lynn Roth, and all those involved with the Beecher Bible and Rifle Church for making a difference by serving the community and honoring this history. I hope both the bibles and the rifles hit their mark.

Audio and text files of Kansas Profiles are available at https://www.kansasprofile.com. For more information about the Huck Boyd Institute, interested persons can visit https://www.huckboydinstitute.org.

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The mission of the Huck Boyd National Institute for Rural Development is to enhance rural development by helping rural people help themselves. The Kansas Profile radio series and columns are produced with assistance from the K-State Research and Extension Department of Communications News Media Services unit. A photo of Ron Wilson is available at https://www.ksre.ksu.edu/news/sty/RonWilson.htm. Audio and text files of Kansas Profiles are available at https://www.kansasprofile.com. For more information about the Huck Boyd Institute, interested persons can visit https://www.huckboydinstitute.org.