Document Type
Article
Publication Date
2025
Publication
Arizona Law Review
Volume
67
Abbreviation
Ariz. L. Rev.
First Page
1
Abstract
This Article argues that the U.S. Constitution implicitly contains a structural “right to know” about the government, rooted in the doctrine of popular sovereignty rather than the First Amendment. Democratic self‑government requires public access to governmental information; without it, the people cannot exercise informed consent or their sovereign authority. The Article critiques reliance on purely statutory transparency regimes such as FOIA, noting their fragility and susceptibility to political rollback. Through historical and structural analysis, it shows that the Framers viewed an informed citizenry as essential to maintaining checks and balances. The Article proposes three principles for operationalizing a constitutional right to know: limiting the right to information necessary for democratic governance, balancing it against countervailing state interests, and affording the government flexibility in designing access procedures. Recognizing such a right, it argues, would strengthen democratic resilience amid rising opacity and polarization.