Ferguson, the First Amendment, and what it means for PR

For much of August, images of unrest in the town of Ferguson, Missouri, have filled our screens.

From tear gas to tanks to demonstrations with hands towards the sky, we’ve become deeply acquainted with #Ferguson. In addition to spurring nationwide conversations about militarized police forces and race relations, the clashes have re-ignited debate over the First Amendment, particularly freedom of the press.

Sunshine laws

Every state has sunshine laws, which assure that public records and meetings remain open. The federal government has the Freedom Of Information Act (FOIA). These laws are essential to the right to access public information under the First Amendment. As PR professionals, we should understand how to champion freedom of information requests as tools to bridge the murky waters of public communications.

When working with clients, we can use the Ferguson narrative to convey powerful truths to reap benefits.

In an interview with CNN’s Don Lemon, Ferguson Police Chief Thomas Jackson blamed freedom-of-information requests for forcing his hand to release video surveillance of a robbery in which Michael Brown, the 18-year-old who a police officer shot and killed, spurring demonstrations, was supposedly involved. At the same time, the police released the name of officer involved in the shooting, Darren Wilson, after repeated refusals to do so. The combination of these releases led to nights of chaos America has not seen in decades.

In crisis public relations, we stress the importance of truth telling. Audiences want to trust the messages they’re told, but when they believe they’re being sold a bill of goods, it breeds skepticism and distrust. It doesn’t matter if the entity is a police force, corporation, or membership association. When an organization publicly states its mission, eyes watch to see if that organization practices what it preaches.

Don’t give your critics an opportunity to embarrass you. They will take it, capitalize on it, and ruin you.

Benefits of sunshine laws

Sunshine laws have an incredible effect on quelling the perception of secrecy and lies.

Sunshine laws help citizens (and journalists) hold local, state and federal officials accountable for actions on the public’s behalf. One night in Ferguson, police said they arrested only 47 individuals, but jail records accessible through sunshine laws revealed 30 additional individuals (mostly from Missouri), disproving contrary police assertions. Individuals who want to spin undesirable facts are held accountable. Sunshine laws improve the relations with the public when it can see what is actually happening, or at least a clearer view of it. While the benefits of sunshine laws are hard to monetize, they underline the valuable perception our leaders are faithfully executing their duties at the public’s behest. Transparent activities, openness and honesty can endear an organization to its audience.

Martin Luther King Jr. said, “A riot is the language of the unheard.” Every community has the right to demand answers from its leaders. Yet we were horrified to see scenes resembling the Tahrir Square protests in the United States. Riots in an American town seemed foreign.

The violence seen, from police and some of those in the streets was unacceptable. The arrests of journalists and legislative leaders was appalling. The fighting was the direct result of insufficient transparency, openness and honesty. When arguments between factions threaten to split an organization, good faith must be demonstrated to cool heated tensions and warm hardened hearts.

Protecting sunshine laws

Accessing accurate information through sunshine laws helps keep the peace, because the public wants to be know its leaders are responsibly doing their jobs and not pulling a Nixonesque cover up. Much of the violence we have seen has come after the release of new information. Is officials’ public safety concern sufficient to trump First Amendment rights to information? No.

For some officials entrusted with keeping law and order, serving and protecting, the answer may be to overstep for public safety’s sake. However, we cannot let that happen as advocates for the First Amendment.

In a crisis situation like the one in Ferguson, we must reassure those crying in the streets that justice will come, but in time. We must wait for a county and federal investigation to conclude and the cessation of the grand jury. Justice is accompanied by due process. Sensitive information is sometimes withheld for national security reasons. For proprietary purposes, not all data is reasonable to be released.

However, be warned, if you’re not releasing information that is normally accessible, there will be consequences. By hiding behind a records request, the public will believe you are lying and hiding something when that information is revealed.

Transparency can defuse critics. When determining whether to release information, develop a strict standard. Publicize it. Reference it often. In Ferguson, deliberately withholding information has proven detrimental to the city’s welfare and America’s image. Our rights shouldn’t be suppressed in times of distress due to fear about the damage they may cause. While the First Amendment isn’t necessarily compromised when an employee is fired for an inappropriate statement, it is violated when citizens are told by governing officials not to protest after a certain time of day or to not protest with their families.

Protecting sunshine laws is tantamount to preserving the rule of law, especially when it is not easy to do. The First Amendment was created for times like these. Administrations should implement structures to deal with the mandatory release of information under sunshine laws in volatile situations. Thinking ahead protects the police from being accused of targeting those demanding answers, usually journalists and photographers documenting what is (and is not) happening. As a crisis professional, my advice is the same to the government as it is to privately-held companies: Implement a crisis plan.

Ferguson’s narrative changes every day. Without chronicling the unfolding events, we may not have heard about the death of a teen that left behind a grieving family. Or we may not have seen hurts that still divide along racial lines. With sunshine laws enforced, at least we have the opportunity even if we don’t like it in #Ferguson.

Danielle Blevins is an Account Executive for Media & Communications Strategies, a crisis public relations firm in Washington, D.C. and founding member of PR Boutiques International, a consortium of public relations entities around the world.