Maryland’s SB 554 Undermines Open Government
February 18, 2025 Today, the Right on Transparency Coalition submitted a letter to the Maryland Senate Committee on Education, Energy, and the Environment describing how SB 554 (and its companion HB 806) would undermine transparency and dramatically shift the balance of power in favor of the government, contradicting the democratic principle that government transparency is a public good.
The bill’s proposed reforms to the PIA’s existing “vexatious requester” standard, Md. Code Ann., Gen. Provisions § 4-1A-04 (2024), and its creation of a right of action by the government against its own citizens, endanger the public’s right to request information from the state. They will also set a dangerous precedent by weaponizing the PIA against the public.
The Coalition explains that the creation of a government right of action runs counter to the very purpose of transparency laws:
A government right of action will undoubtedly chill the submission of requests, especially among those who lack the resources to defend themselves in costly litigation. Investigative journalists, citizen activists, and everyday people will now think twice before seeking information about what the government is up to.
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From a constitutional perspective, the creation of a government right of action under the PIA also risks infringing on the Maryland Declaration of Rights, which protects as inalienable the right of the people to alter or reform their government (art. 1), to regulate the internal government of the state (art. 4), to petition the government for the redress of grievances (art. 13), and to enjoy freedom of speech (art. 10) and liberty of the press (art. 40). Relatedly, the potential for lawsuits by custodians raises serious anti-SLAPP concerns, as such suits could be understood as legally prohibited insofar as they reflect an effort silence or punish those who seek to scrutinize government actions though use of the PIA.
The Maryland Senate Committee on Education, Energy, and the Environment holds a hearing on the bill on Thursday, February 20 at 1:00 PM ET.
Read the full coalition letter.
Endorsements:
If you are a member of the media looking to talk to a transparency expert or if your organization is interested in joining the coalition, please contact:
Kevin Schmidt
Director of Investigations, Americans for Prosperity Foundation
