1

Running Header: THATS CLASSIFIED

Thats Classified: Government Transparency during Wartime

Lia Clark
First Colonial High School
Legal Studies Academy

THATS CLASSIFIED

Abstract
This paper is about the U.S. governments policies on the freedom of information with a focus on
the freedom of information during times of war, U.S. crisis, or U.S. involvement in a crisis. It
discusses the definition of the implied constitutional of the right to know. Also, it lists the only
exemptions to the freedom of information where the government can deny the citizens request to
government information; however, the possibility of governmental officials abusing this system
is also written in detail supported by logic, examples, and a Supreme Court case. This falls under
the section that explains how the current policies impede on citizens rights or protection which
also expands on the media influences on government, deep-pocket citizen influence on officials,
and unintentional or intentional enemy notification of war strategies. On the other hand, this
paper discusses how the policies protect citizens and the government. The author explains how
the policies prevent influences and keeps governmental officials accountable. The author takes
the freedom of information a step further and conducts a comparison between nations such as
Russia, Iran, and the U.S. The paper correlates national happiness, military strength, and
patriotism to how free the nations citizens are to have access to information both during and not
during times of war.

THATS CLASSIFIED

Classified: Government Transparency during Times of War or Crisis

The care of human life and happiness, and not their destruction, is the first and only
objective of good government. In these wise words of Thomas Jefferson, the government has an
obligation to protect its citizens, especially in times of war or crisis, in order to maintain human
life and happiness. After the stock market crash, Kennedys assassination, and the 9/11 attacks,
America gradually started to become a more restrictive nation for security precautions. Access to
information became a harder task to accomplish, even when the nation is not in a state of
crisis/war.
The Freedom of Information Act was initially introduced as the bill S. 1160 in the 89th
Congress, enacted July 4, 1966 ("FOIA Legislative History," n.d.). It has since been revised most
recently by George W. Bush and Barak Obama. President Obama has made the policies for
obtaining information easier than the Bush administration, but there is still a clear debate of
whether or not the regulations still impede on citizens rights. The current government policies
on government transparency during times of war or crisis protects the United States from
potential enemy advancements.
Current Legislation
Defining Freedom of Information
In 2009, President Obama issued the Freedom of Information Act, ordering all U.S.
government branches to adopt a presumption in favor of Freedom of Information Act (FOIA)
requests, revising Bushs restrictive plan. The FOIA gives citizens the right to obtain government
information and establishes that all records of the governmental agencies and departments should

THATS CLASSIFIED
be accessible to the public. If an agency or department wants to deny a request, they must
support it by one of the nine exemptions (Transparency International USA n.d.).
Brian Turner, a professor of political science at Randolph-Macon College, says that the
right to know is important, but Clearly there is a need for classified information, governed by
the procedures for classification and subject to review by Inspectors General to assure that
classifying documents is not abused (B. Turner, Personal communication, November 17, 2015).
Freedom of information act. It is a federal freedom of information law that allows for
the full or partial disclosure of previously unreleased information and documents controlled by
the United States government (5 U.S.C. 552, 2009).
(a) Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register
for the guidance of the public
(A) Descriptions of its central and field organization and the established places at
which, the employees (and in the case of a uniformed service, the members) from whom,
and the methods whereby, the public may obtain information, make submittals or requests,
or obtain decisions;
(B) Statements of the general course and method by which its functions are
channeled and determined, including the nature and requirements of all formal and
informal procedures available;
(C) Rules of procedure, descriptions of forms available or the places at which forms
may be obtained, and instructions as to the scope and contents of all papers, reports, or
examinations ("5 U.S. Code 552 - Public Information; Agency Rules, Opinions, Orders,
Records, and Proceedings," 2009).

THATS CLASSIFIED
Right to know. The right to know is the right to have access to governmental policies
and information at a citizens or citizens request or demand. It is not a right specifically written
in the constitution but is an implied right based off the social contract that citizens govern the
government. The right to know has three different requirements or interpretations defined as
levels.
Level 1: Prevents government from interfering with the communication of facts and views about
government.
Level 2: Obligates government to comply with citizens demands
Level 3: Strong obligation on the government to inform citizens
(Foerstel, 1999).
Professor Turner says citizens do have the right to know what the government is doing,
but where the public interest excessively limits the states vital interest, then secrecy is
warranted. (B. Turner, Personal communication, November 17, 2015).
Exemptions. The Freedom of Information Act entitles the following exemptions on
documents being requested by the public:
1. Those documents properly classified as secret in the interest of national defense or
foreign policy;
2. Related solely to internal personnel rules and practices;
3. Specifically exempted by other statutes;
4. A trade secret or privileged or confidential commercial or financial information
obtained from a person;
5. A privileged inter-agency or intra-agency memorandum or letter;

THATS CLASSIFIED
6. A personnel, medical, or similar file the release of which would constitute a clearly
unwarranted invasion of personal privacy;
7. Compiled for law enforcement purposes, the release of which could reasonably be
expected to interfere with law enforcement proceedings, would deprive a person of a
right to a fair trial or an impartial adjudication, could reasonably be expected to constitute
an unwarranted invasion of personal privacy, could reasonably be expected to disclose
the identity of a confidential source, would disclose techniques, procedures, or guidelines
for investigations or prosecutions, or could reasonably be expected to endanger an
individuals life or physical safety;
8. Contained in or related to examination, operating, or condition reports about financial
institutions that the SEC regulates or supervises; or
9. And those documents containing exempt information about gas or oil wells. (Freedom
of Information Act Exemptions, 1999).
These are the only exemptions to the Freedom of Information Act and requests for
information. If the government, government official(s), or government department goes beyond
their scope of authority and denies a request beyond these exemptions they will be held
responsible, and taken to court.
Inspectors general. The Inspector General Act of 1978 established the Federal
Inspectors General as an independent and objective occupation for most government agencies
whose duties are to deter and get rid of fraud and abuse in the programs and operations of their
individual agencies ("The Inspectors General," 2014). If the government or its agencies break
code or regulations, in this case the nine exemptions, the Inspectors General will investigate and
determine the next course of action.

THATS CLASSIFIED
How Policies Help Protect Citizens
Protects from Publications of War Strategies
Media influence. The media has a major role in times of conflict or war. For example,
the publications of ISIS videos verbally attacking America as well as our allies, and physically
attacking Americans and other citizens in 2015 has fueled the radical Islamic ideology not only
in the Middle East, but all over the world. Media and the news put information on display for all
to see, even the enemy. With technological advances, it is easier than ever to have access to
secret and important details (Media Influence on Laws and Government, 2012).
The enemy. The Vietnam War, to be used as an example, used media as a medium for
war. Vietnam on Television wasnt always the actual Vietnam War. The U.S. used the medium
as a way to discourage or trick the enemy into planning for false plans, or decrease moral among
enemy troops while increasing American soldier morale (Media Influence on Laws and
Government, 2012). Looking at this through a mirrored perspective, this strategy can also be
used to prevent information from being publicized.
The Holocaust during World War II was not brought to Americas full attention until well
after the killings of Jews were already at large numbers. Adolf Hitler and his regime kept
majority of information from their citizens and the media. He was able to hide most of his
policies and actions from the rest of the world. Restricting citizens accessibility to government
related information during times of conflict kept Hitler safe from the United Nations, and the
policing policies of the United States.
The publication of government information is an important tool for battle strategy either
in warfare or liberation. It can inform the enemy or opposing sides if the information lands in the
wrong hands. This is one of the justifications for the lack of accessibility to sensitive information

THATS CLASSIFIED
during times of war for not only the United States, but also countries such Russia (Russia,
2015) and Iran ("Iran," 2015).
Keeping Officials Accountable
Policy Influences. Policymakers are inherently influenced by the people they represent.
If citizens have free reign to obtain information they have the power to persuade policymakers a
certain way, even if the legislator doesnt believe in the voters opinion. It has been proven by
scholars and journalists that deep-pocket donors and citizens persuade legislators ("The Influence
of Elites, Interest Groups and Average Voters on American Politics - Journalist's Resource,"
2014).
During times of war the U.S. government restricts what information the citizen have the
right to obtain by the nine exemptions. Naturally, if this was lifted citizens such as the deeppocket donors would have more power to influence not only everyday policies, but also conflict,
crisis, and war strategies ("The Influence of Elites, Interest Groups and Average Voters on
American Politics - Journalist's Resource," 2014). The nine exemptions keep government
officials from making important decisions based off citizens ideologies, and doing what is right
for the country or area as a whole.
Brian Turner says, I think elected officials always have the electoral incentive in mind,
which is fine if elections are indeed successful mechanisms for accountability [But] There
needs to be other institutions of horizontal accountability. (B. Turner, Personal communication,
November 17, 2015).
Case. National Day Laborer Organizing Network (NDLON) v. U.S. Immigration and
Customs Enforcement Agency (ICE) 2012. This forced the U.S. government to release documents
about the back ground and operations of the controversial Secure Communities deportation and

THATS CLASSIFIED
fingerprinting program. The disclosed information was used to support a movement to stop the
expansion of the program. The Immigration Department was worried that the documents would
be used to terminate some of their programs and therefore denied the requests. The case is part
of a commitment to use litigation to support, publicize, and advance struggles for human rights
and social justice. ("National Day Laborer Organizing Network (NDLON) v. U.S. Immigration
and Customs Enforcement Agency (ICE)," 2013).
Case. Milner v. Department of Navy (2011). In an attempt to educate the public on the
dangers of the Navys training exercises, Glen Milner requested information of the Navys forms
of effects of explosions, but was denied under exemption 2 (Lynch & Rumold, 2011). The
Supreme Court severely limited federal agencies ability to withhold information related solely
to the internal personnel rules and practices of an agency, also known as Exemption 2 of
FOIA; however, the Supreme Court ruled in favor of Milner because the exemption did not
define the explosions map as human resources or policies and therefore was public knowledge
(Milner v. Department of the Navy, 2011).
How Policies Impede on Citizen Rights
Officials Abuse the System
In order for the government to deny a request of information from any citizen, the denial
must fall under any of the above nine exemptions; however, Professor Rob Jenkins, a professor
at Georgia Perimeter College, says that like a lot of other well-intended policies, FOIA laws are
highly susceptible to abuse. Government officials can denote anything they want as private or
trade secret because the information to see what is defined as a trade secret is not easily
attainable, and even if it was the average citizen would not be able to check the government due
to the fact they wouldnt be able to see the document. Simply put, citizens cannot check and

10

THATS CLASSIFIED
balance the government under the exemptions because the officials using the exemption can
keep citizens out (Jenkins, 2014).
The U.S. government exceeds what is necessary in keeping information from the public.
Holding government officials accountable is very difficult when secrets are heard in secret courts
that have few incentives to limit the national security. (B. Turner, Personal communication,
November 17, 2015).
Case. Islamic Shura Council of S. Cal. v. FBI (2011). The Southern California Council of
the Islamic Shura requested information about the FBI surveillance on Muslim activities and
organizations in Southern California. The FBI has been mapping out and watching Muslim
communities without criminal suspicion or probable cause. When the request was submitted the
FBI lied in reporting that they had no such documentation, but after investigation this was proven
wrong. The FBI tried to defend itself by saying that the FOIA allowed it to lie and mislead the
court because releasing the information would revealed information would compromise national
security. The court profoundly disagreed with the Bureau and ruled in favor of the Council
(Lynch & Rumold, 2011).
Invasion of the Right to Know
Citizens are said to govern their own government because it is for the people, by the
people, and of the people. Information and knowledge is power. Knowing what the government
is doing or plans to do behind closed doors is an important factor for conducting checks and
balances for the government. The fact that this right is restricted can be considered as an invasion
of the right to know.
International Freedom of Information
United States

11

THATS CLASSIFIED
Patriotism. Edward Hudgins discusses the declining American Patriotism since the
signing of the Declaration of Independence. In our history Americans have been more
passionate about their nation, and Hudgins believes this was due to the government possessing a
servitude attitude; however, over time our (the U.S.) government has turned into a master rather
than a servant. This change has caused the patriotism of America to decline or not be as high in
comparison to our past (Hudgins, 2000). An example of demoted patriotism during war would be
the Vietnam War. However, during war America usually rallies together depending on the causes
of the war.
National happiness. United States ranked number 17 in the 2013 World Happiness
Report conducted by Columbia Universitys Earth Institute ("World's Happiest Nations Are... CNN.com," 2013). National happiness was recorded based off of citizens opinions of mood,
satisfaction with country, and the nations suicide rates.
Military strength. Military strength for nations are determined by power attained
through manpower, artillery, air warfare, geography, resources, and spending. The United States
is determined as the number one world superpower in military strength. The United States has
120,022,084 personnel fit for service, 8,848 tanks, 1,331 multiple-launch rocket systems, and
13,892 aircrafts with a defense budget of $577,100,000,000 (United States of America Military
Strength, 2015).
Iran
Freedom of information during wartime. Freedom of expression and Freedom of
information has been declining since their former president, Mahmoud Ahmadinejad, was in
office in 2009. The new president, Hassan Rouhani, tried to reform freedom of information
policies but failed in doing so. Freedom of expression and access to information continue to be

12

THATS CLASSIFIED
limited in all aspects. Their news and analysis are heavily censored and put through multiple
filters ("Iran," 2015).
Patriotism. When there are major issues rising in Iran, the people usually ban together to
solve them, especially when these issues are from Western interference. For example, during the
Iran-Iraq war, Iranian nationalism was at a high because of the Iranians coming together and
solving issues and supporting their government. In summary, Irans patriotism is usually at a
good level and high during times of crisis.
National happiness. The Happy Planet Index ranks Iran as number 77 out of 151
nations. Iranians report low levels of well-being experiences. They are not a very free nation but
have a collectivist religion ("Iran | Happy Planet Index," 2015).
Having a collectivist religion means that people will tend to ban together during rough
times, or do what is good for the group rather than what is good for the individual; however, trust
in their government has been at a low (Farhamy, n.d.).
Military strength. Iran is ranked number 23 in military power. They have increased in
power since their partnership with Russia and technological advancements on the home front.
Iran has 39,566,497 personal fit for service, 1,658 tanks, 1,474 multiple-launch rocket systems,
and 471 aircrafts with a defense budget of $6,300,000,000. (Iran Military Strength, 2015).
Russia
Freedom of information during wartime. The freedom of the press has been in a severe
decline since 2012 when Russia enacted a series of new legislation restricting when and how the
public can access new information. The Russian government sets regulations for editors at staterun television stations that dominate the media sector. The countrys newspapers cover a wide
range on interest but do not include important issues or corruption discussion. This, of course, is
intensified during times of war and crisis. Citizens of Russia are not allowed to view or obtain

13

THATS CLASSIFIED
information that records what the government is implementing during the war or crisis ("Russia,"
2014).
Patriotism. Russias patriotism is in a decline. Vladimir Putin, the president of Russia, is
struggling to revive patriotism in Russia as hes starting to change ideology and his approaches
to political issues. His goal is to see the government fully supported by their people again, but it
will take strategy and time to bring the spirit of Mother Russia back to his people (Barry,
2012).
National happiness. Russia was ranked number 68 in the list of World Happiness in the
2013 World Happiness Report conducted by Columbia Universitys Earth Institute ("World's
Happiest Nations Are... - CNN.com," 2013).
Military strength. Russia is ranked as the second strongest nation in the world, closely
followed by China. Russia has 46,812,553 personnel fit for service, 15,398 tanks, 3,793 multiplelaunch rocket systems, and 3,429 aircrafts with a defense budget of $60,400,000,000 (Russian
Military Strength, 2015).
Conclusion of Correlation
In order of most restrictive regulations the following conclusions are strictly correlations
and not causations. Iran, out of the three presented nations, has the most restrictive policies for
the freedom of information both not and during times of crisis or war; however, they are also the
lowest ranking military power, has the lowest patriotism, and the lowest level of national
happiness.
Russia, being the second most restrictive in terms of freedom of information during times
of war, is the worlds second largest world power, but also has low patriotism throughout the
nation as stated directly from Putin and also a low national happiness rating.
The United States, being the least restrictive (but not entirely free) in terms of freedom of
information during times of war has the highest patriotism, is the worlds largest military power,
and has the highest national happiness ranking.

14

THATS CLASSIFIED
The pattern in this correlation is the more restrictive the policies are against citizens
obtaining information, particularly during war or a crisis, the less patriotism, national happiness,
and weaker military a nation is correlated to have. Freer citizens create stronger nations and
happier people.
In no way is this a provable cause and effect, hence the term correlation. The
correlation comparison just serves to show that citizens are what make a nation and not the other
way around.
Conclusion
Defense and Opposition of Thesis
The U.S. government has an obligation to its citizens to protect them, litigate justly, and
listen. The people are the back bone of government supported by the Constitution. One of the
implied constitutional rights of such citizens is the right to know. This is the right to know what
the government is doing or what information they have. The only way the U.S. government or it
departments can deny a request of information is by the nine exemptions. War and crises fall
under these exemptions.
These policies help protect citizens by keeping governmental officials accountable, and
keeping war strategies secret from opposing forces; however, these policies can also lead to
officials abusing the system, or be an invasion of the right to know. Citizens view these
regulations differently. There has also been a correlation study between happy citizens and the
government system.
Correlation
The correlation presented in section V part D provides a clear pattern. The freer a nations
citizens the happier they are, the higher the patriotism, and the stronger the military. This is not
to say that if a nation is completely free with information that will be a world dominator. There
are other confounding variables to this correlation, such as Iran being a much smaller nation than
Russia or the U.S., and the three nations having different religions, but the pattern is still

15

THATS CLASSIFIED
undeniably there. Yet again, the correlation does not serve to prove anything, but to simply show
a pattern, and that citizens are the backbone of a country.
Closing
With the current U.S. policies citizens are protected by their government. Ironically, they
are also protected from their government. A long time ago the foundation of this country was set,
and its people were able to conduct checks and balances and this is so even today. The ability to
know what the government is doing and how they are doing it allows citizens or even other
branches of government to keep all government affiliations accountable; however with fraud and
abuse still afoot the Inspectors General is needed to investigate.
The protection of citizens should be first priority to a government, referring back to
Thomas Jeffersons wise words, The care of human life and happiness, and not their destruction,
is the first and only objective of good government. Restriction of certain sensitive information
during times of war or crisis helps protect the U.S. citizens.

16

THATS CLASSIFIED
References
Barry, E. (2012, November 20). Putin, in Need of Cohesion, Pushes Patriotism. Retrieved November
12, 2015, from http://www.nytimes.com/2012/11/21/world/europe/vladimir-putin-pushespatriotism-in-russia.html?_r=0
Farhamy, L. (n.d.). Iranian Nationalism. The Public Purpose, V. Retrieved November 23, 2015, from
https://www.american.edu/spa/publicpurpose/upload/Iranian-Nationalism.pdf
5 U.S. Code 552 - Public information; agency rules, opinions, orders, records, and proceedings.
(2009, October). Retrieved December 23, 2015, from
https://www.law.cornell.edu/uscode/text/5/552
FOIA Legislative History. (n.d.). Retrieved December 22, 2015, from
http://nsarchive.gwu.edu/nsa/foialeghistory/legistfoia.htm
Freedom of Information Act Exemptions. (1999, December 01). Retrieved November 23, 2015, from
https://www.sec.gov/foia/nfoia.htm
A Government Both More Secretive and More Open. (2013). Retrieved December 18, 2015, from
http://www.transparencypolicy.net/
Hudgins, E. L. (2000, July 03). America's Particular Patriotism. Retrieved November 12, 2015, from
http://www.cato.org/publications/commentary/americas-particular-patriotism
The influence of elites, interest groups and average voters on American politics - Journalist's Resource.
(2014, November 14). Retrieved December 14, 2015, from
http://journalistsresource.org/studies/politics/finance-lobbying/the-influence-of-elites-interestgroups-and-average-voters-on-american-politics
The inspectors general. (2014). The Council of Inspectors General on Integrity and Efficiency, 1-10.
Iran | Happy Planet Index. (2015). Retrieved November 23, 2015, from
http://www.happyplanetindex.org/countries/iran/
Iran. (2015). Retrieved December 01, 2015, from https://freedomhouse.org/country/iran

17

THATS CLASSIFIED
Jenkins, R. (2014, September 25). FOIA harassment: Because there's no crime like thought crime.
Retrieved December 21, 2015, from https://chroniclevitae.com/news/720-foia-harassmentbecause-there-s-no-crime-like-thought-crime
Lynch, J., & Rumold, M. (2011, December 31). 2011 in Review: Four Cases That Promoted
Transparency in 2011. Retrieved November 23, 2015, from
https://www.eff.org/deeplinks/2011/12/four-cases-promoted-transparency-2011
Media Influence on Laws and Government. (2012). Retrieved December 21, 2015, from
http://2012books.lardbucket.org/books/mass-communication-media-and-culture/s18-06-mediainfluence-on-laws-and-go.html
Milner v. Department of the Navy 562 US 562 (2011). (2011). Retrieved December 21, 2015, from
https://www.oyez.org/cases/2010/09-1163
National day laborer organizing network (NDLON) v. U.S. immigration and customs enforcement
agency (ICE). (2013, July 3). Retrieved December 23, 2015, from
https://ccrjustice.org/home/what-we-do/our-cases/national-day-laborer-organizing-networkndlon-v-us-immigration-and-customs
Russia. (2014). Retrieved November 19, 2015, from https://freedomhouse.org/report/freedompress/2014/russia
Transparency U.S. Public Policy Google. (2015). Retrieved December 18, 2015, from
https://www.google.com/publicpolicy/transparency.html
Transparency and Open Government. (n.d.). Retrieved December 18, 2015, from
https://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment
Transparency International USA: What We Do: L&R: Govnt Acct Home. (n.d.). Retrieved November
23, 2015, from http://www.transparencyusa.org/what/LawRegulation/GvmntAccountabilityAtHome.htm#ExpandAccInfo
Turner, B. (2015, November 17). Reflection of government transparency [E-mail interview].
World's happiest nations are... - CNN.com. (2013). Retrieved from
http://www.cnn.com/2013/09/09/business/earth-institute-world-happiness-rankings/

18

THATS CLASSIFIED
Writer. (2015, November 13). 2015 Iran Military Strength. Retrieved November 23, 2015, from
http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=iran
Writer. (2015, November 13). 2015 Russia Military Strength. Retrieved November 19, 2015, from
http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=russia
Writer, S. (2015). 2015 United States of America Military Strength. Retrieved November 23, 2015,
from http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=unitedstates-of-america