Published: March 05, 2009 04:18 pm      

GUEST EDITORIAL: Public documents should remain open records

Lawmakers in Nashville often talk about the "slippery slope," which is a political euphemism to describe what could follow if government opens the door to certain ideas or concepts. For example, if legislators pass a law this year banning the wearing of Alabama-themed sports wear in public places, what's to stop the General Assembly from banning Gator gear or Gamecock hats and shirts next year? Certainly, a majority of Vol fans might support the idea, but does that make it right? Does it serve the general welfare of all Tennesseans?

The above analogy sounds silly, but it does demonstrate what can happen when lawmakers fail to exercise fairness and good judgment. State legislators are about to slide down one such slippery slope in Nashville by closing what has been an open record in Tennessee. Last week, a bill to forbid Tennesseans access to records of those who hold a conceal carry gun permit was passed out of a House subcommittee. This bill also would make publication of information on permit holders a misdemeanor that could be punished with a maximum fine of $2,500.

This information includes the names (but not specific street addresses or Social Security numbers) of individuals who have been issued a gun carry permit by Tennessee. For more than 12 years now, this has been open to inspection by the people of this state.

Now, some lawmakers want to close those records, not just here in Tennessee but in other states. It is part of the legislative agenda of the National Rifle Association and others in the powerful gun lobby. They want to remove transparency and accountability from the permit process.

It's important in this debate to be clear on one central point — this is not about the Second Amendment or the right of law-abiding citizens to obtain a gun carry permit. Rather, this is about Tennesseans having access to their public records. It's also about the General Assembly attempting to exercise "prior restraint," which is expressly frowned upon in Article 1, Section 19 of Tennessee Constitution which reads: "That the printing press shall be free to every person to examine the proceedings of the legislature; or of any branch or officer of the

government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty."

We shudder to think what other public records state lawmakers might next deem to be none of the business of the people of Tennessee. Will court records, police reports and deed transfers be the next public documents to be withheld from Tennesseans?

Supporters of the measure are using a political "strawman" to make a case for a problem they haven't actually proven to be a problem. There has been no evidence that criminals have used these public documents to single out and burglarize permit holders. In fact, the opposite is more likely true.

On the other hand, we do know that inspections of these records by citizens and the news media have uncovered serious problems with the permit process. Journalists have used these records to prove the Department of Safety was issuing permits to convicted felons and renewing permits to felons convicted since getting their permits. These records also helped to uncover the fact that the department had not been checking the criminal backgrounds of applicants as the law requires.

That's why it is important that public documents such as these remain open records. Tennessee lawmakers should avoid the slippery slope of deciding what long-standing public documents should be closed to the people they serve.