Why does the First Amendment not guarantee access to all government records?
The First Amendment does not guarantee access to all government records because it is primarily focused on protecting freedoms of speech, press, religion, assembly, and petition from government interference, rather than establishing a general right to government information.12
Public access to government records and meetings is instead governed by specific legislative acts, such as the Government in the Sunshine Act and various state-level sunshine laws. These laws were enacted to promote transparency and public scrutiny of government deliberations.3
Because these access rights are created by statute rather than the Constitution, they are subject to specific exemptions—such as those protecting national security, personal privacy, and law enforcement investigations—to balance the need for public accountability with the necessity of protecting sensitive information.3