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What is a public records request?

The Supreme Court put it best. Citizens in a free nation
“are permitted to know what their government is up to.”
Public records requests give you the power to make that happen.

The Supreme Court put it best. Citizens in a free nation “are permitted to know what their government is up to.” Public records requests give you the power to make that happen.

What are public records laws?

State public records laws are predicated on a basic and fundamental tenet in our constitutional republic: open and transparent government. Although many people are familiar with the federal Freedom of Information Act (FOIA), some may be surprised to learn that each state has its own public records law that applies to state and local governments. This includes government agencies, departments, cities, towns, school districts, and other entities that engage in public business or receive taxpayer money. State public records laws are often broader than the federal FOIA.

public record laws
The purpose of state public records laws is to ensure that public activities are open to public review so that, as the U.S. Supreme Court put it in the context of the FOIA, citizens in a free nation “are permitted to know what their government is up to.” Envtl. Prot. Agency v. Mink, 410 U.S. 73, 105 (1973)

What do public records laws do?

Under state public records laws, transparency is the general rule and secrecy is the exception. As a result, there is typically a strong presumption in favor of disclosure. If government entities claim that some information should be withheld under public records statutes, the burden is frequently on the government to prove an exemption to disclosure. In each state, there are administrative and judicial processes allowing citizens to seek review of public records responses that do not comply with state law.

Who can use public records laws?

State public records laws are strong tools available to all citizens to ensure open government. They are frequently designed to encourage disclosure, and often provide robust protections to citizens who have been denied access to public information.

State public records laws citizen

Do You Want to Make a Public Records Request?

The public records process begins with a public records request. Our guide outlines best practices for drafting well-defined requests for public information.

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Download our Citizen’s Guide to Public Records Requests
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Find Your State’s Public Record Law

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Questions? Contact the Goldwater Institute.

If you have any questions regarding this guide or your rights to public information, please contact the Goldwater Institute at info@goldwaterinstitute.org to determine if the Institute can help you access information necessary to hold your government accountable.

Goldwater Institute