Separation of Church and State Research Papers (original) (raw)

A Citizen’s Guide on How to Use the U.S. FREEDOM OF INFORMATION ACT This handbook does not contain legal advice, which can only be given by an attorney. It is intended to help persons make Freedom of Information requests and obtain... more

A Citizen’s Guide on How to Use the
U.S. FREEDOM OF INFORMATION ACT

This handbook does not contain legal advice, which can only be given by an attorney. It is intended to help persons make Freedom of Information requests and obtain access to records simply and directly as intended by Congress, and thereby help in maintaining a democratic form of government.

The Purpose of this Publication
A democratic government depends on the free flow of information.
Enlightened nations have come to realize, therefore, that the strength and vitality of any democratic society requires an informed citizenry capable of making intelligent decisions concerning its future. The freedoms that previous generations fought and died for must be cherished, protected and advanced.

Transparency in government represents such a key element to the preservation of freedom and democracy that in its very first session, in 1946, the United Nations General Assembly adopted Resolution 59 (I), which opens: “Freedom of Information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated.”

The U. S. Freedom of Information Act (“FOIA”) constitutes a vital tool designed to open up government actions, issues and policies to public scrutiny so that they become transparent and accessible. The overarching purpose of the FOIA is to advance the cause of a free and open government “Of the People, By the People, For the People.”

Our Founding Fathers observed very early that citizens have a right to be kept accurately and truthfully informed. That concept became a driving force in their formation of the First Amendment to the U.S. Constitution, which guarantees the right to freedom of expression and freedom of the press. This Amendment served the principle that the public could only reach responsible decisions if adequately apprised.

This concept underscored the U.S. Supreme Court’s perspective when it noted:

“The basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.”

From headlines exposing such matters as government criminal activity, corruption, fraud, waste, abuse, duplicity, illegal surveillance, discrimination, chemical and biological testing of unwitting subjects, injustice and mismanagement, use of the FOIA is an important tool designed to hold the government responsible for its actions.

The FOIA has helped us learn about such matters as: COINTELPRO ; Watergate ; the assassinations of President Kennedy and Dr. Martin Luther King, Jr.; the toxins poisoning our land, water, air and bodies; the FBI CISPES (Committee in Solidarity with the People of El Salvador) investigation and Library Awareness Program ; the Iran-Contra affair ; the level of toxicity at Ground Zero; U.S. interrogation techniques after September 11, 2001; U. S. Army, Navy and Marine Corps secret burials of toxic chemicals revealing mass deaths of sea life; the possible exposure to poisonous chemicals of workers at U.S. Marine Corps bases; and many other cases of government abuse.

Yet, many do not know what the FOIA is or how to go about filing a FOIA request. This publication is designed to serve as a simple Guide to help one:

• Understand the purpose and importance of the FOIA as a vital tool to expose wrongdoing and keep the government accountable, regardless of which party is in power;

• Understand the key concepts and elements that make up the FOIA;

• Understand how to successfully file a FOIA request to obtain records regarding matters in the public interest or one’s own records.

This Guide is meant to familiarize you with the process for making a FOIA request for information in the possession of an agency of the United States Government. The FOIA does not apply to the judiciary, Congress, the President, parts of the Executive Office of the President that exist solely to advise the President, and state and local governments. This Guide concerns the federal Freedom of Information Act only. All states have their own FOIA laws, or public records access laws, that regulate how to obtain information from state and local governments. If you seek records from your state government, you should review the agency website that possesses the information you seek to determine how to go about obtaining such records.

Following the guidelines in the subsequent sections should empower you with the knowledge you need to successfully navigate the FOIA and obtain the records you seek as effortlessly as possible.

INTRODUCTION

"Democracy depends exclusively on the informedness of the individual citizen." L. Ron Hubbard

The Church of Scientology and FOIA
Legislation Touching at the Heart of Democracy

The Church of Scientology has been a continuous and relentless advocate of Freedom of Information Act laws for five decades, playing a key role in promoting and strengthening the FOIA in the United States through legislative reform efforts, while also working tirelessly to enact public records access legislation in countries throughout the world.
The Church’s dedication to the FOIA stems from Scientology Founder L. Ron Hubbard's unwavering support for transparency, the hallmark of a democratic government.

Scientologists consider it the responsibility of every citizen to reiterate and reaffirm the essential truth that government exists to serve the people. As L. Ron Hubbard pointed out:

"The West came to greatness under the banner of liberty. But all liberties are gradually withered away where a public is not alert. Revolt is not the answer. Firm and united counseling of the government by groups which defend our culture and our liberty alone can serve us all."