What makes for an effective records request letter? Make sure to cite the law to make it clear you are serious.

In this month’s Quill magazine, I discuss results of two experiments I conducted to test the effectiveness of friendly request letters versus legalistic threatening letters. I found that police departments and school districts were more likely to respond to request letters that cited the law and reminded authorities of penalties for noncompliance (based on the Student Press Law Center online form letter). The legalistic letter also resulted in more agencies providing the records, responding faster and even providing lower copy fees. Frankly, the results baffled me – I had always assumed a friendly approach would be most effective (honey vs. vinegar). A few agencies were turned off by the tone of the legalistic letter, so I would be careful using it routinely, especially if you cover a beat and have to deal with the clerks day-to-day. My advice is to always ask in person first, politely and openly. Then if you are blown off, submit a legalistic letter.

Ultimately, these experiments indicate that the law is important, and reminding officials of the law will help move your records request along a little faster.

Happy birthday, U.S. Freedom of Information Act.

On July 4 you will celebrate your 43rd birthday. You’re a bit worn after years of getting beaten down by privacy exemptions, odd court rulings, and resistant presidents. The occasional reconstructive surgery (e.g., Open Government Act of 2007), like many Americans’ health care, is helpful but still fails to keep you as strong as you should be.

But despite your middle-age ailments and unfulfilled dreams, no need to go into mid-life crisis and hop a plane to Argentina. You are still an essential part of this relationship we call democracy. Open government provides the ability of citizens to maintain their independence from tyranny. Many states patterned their state laws after you. More than 60 countries have adopted FOIA laws based on your leadership – only two countries (Sweden and Finland) have had FOIA laws before you (1766 they adopted a basic law, then 1949 Sweden adopted a more comprehensive version, and Finland followed suit in 1951).

So keep your chin up, as you mature and develop, like Steve Austin, the battered astronaut turned bionic man. We have the capability to build the world’s best access law. Better than you were before. Better, stronger, faster. Protecting Americans’ independence and right to know.