Informed dissent: Toward a constitutional right to know

By Martin E. Halstuk and Benjamin W. Crame, Journal of Civic Information, June 2023.

In this article, Martin E. Halstuk and Benjamin W. Cramer argue that the American judiciary should recognize a constitutional right of access to government information for purposes of self-government.  This argument builds upon the “consent of the governed” ideals of John Locke. The consent of the governed requires access to information, leading to the “informed consent” that must be acknowledged by political leaders who operate under the oversight of the public. The article concludes that informed consent can encourage “informed dissent”, or the ability of citizens to criticize unsatisfactory leaders and to call for change in the press and at the ballot box.