For a democracy to be healthy, transparency is paramount. People must know what their government is up to and what is happening behind closed doors. DOGE has made the case that nothing is happening behind closed doors, so let’s lock them and throw away the key. At least, that is what is happening through the most pessimistic lens available. The First Amendment has our backs; it gives us the right to speak up and demand transparency from the government. It’s a constitutional guarantee expanded upon by the FOIA Freedom Of Information Act, “The federal law that requires records held by federal government agencies to be made available to the public unless covered by one of nine exemptions (Trager, Ross, & Reynolds, 2019),” established in 1966 to guarantee transparency and accountability of the government. It’s about holding leaders accountable and staying informed. DOGE is a fictional agency, the Department of Government Efficiency, that has made access and transparency harder for people to come by and is at odds with FOIA and the rights of the citizens in this country. Rights are less secure when access to information is restricted, aka streamlined, defunded, and optimized. Striking a balance is tricky, but it is essential to maintain trust in democracy. Balance can be a slippery slope, and government efficiency cannot come at the cost of transparency.
By defunding government operations, the fictional DOGE can undermine the intent of FOIA. The Freedom of Information Act needs information to be available and transparent to the public. The risk of defunding parts of the Government, such as the Department of Justice and grants used for many reasons, limits the amount of information and transparency on each topic. Each agency plays a part in our ability to learn, grow, and develop in these scenarios. The First Amendment or FOIA does not protect the case for these arguments, but they are other casualties of efficiency and diminish the ability for transparency.
Transparency deters corruption and the misuse of power, as well as incompetence. When FOIA was established, journalists were empowered to write stories that protect people from the Government. Activists and researchers all uncover critical information that sways the scales of justice. With DOGE, transparency is murky at best. It was created to eliminate government inefficiency. The agency seems to be the opposite and an abuse of power. “The administration came up with a backdoor. They took the U.S. Digital Service, hollowed it out, and turned it into DOGE.
Furthermore, they are now using DOGE to allow the president to exercise unprecedented control over our government agencies’ operations. Transparency is a key part of the administrative state. You have to be able to see what an agency is doing and grasp what it’s up to. In DOGE’s case, we have the opposite of that. We don’t know what the structure of the agency is, we don’t know what its responsibilities are, we don’t know what its mission is, and we don’t know what laws it is implementing (Nalepinski, 2025).” The agency is a perfect example of how FOIA and the First Amendment protect us from these radical abuses of power. It is not always the most efficient process, but in time, the Law, with the help of journalists, prevails (insert cape).
Closer to home, a story about a local man and his fight with the Government is documented. By having access to government records and the media picking up his case, he is somewhat protected from the abuse of power by local officials. “A recent example from Texas involves a resident named David Stua, who filed thousands of open records requests over several years to uncover government misconduct in Angelina County. Stua alleged that local officials were retaliating against him for his transparency efforts by charging him with criminal offenses that he claimed were baseless (Huff, 2023).” If DOGE were to reduce resources, more bottlenecks could be created, affecting cases like Stua’s.
Efficiency at the cost of freedom and transparency is not possible. For the Government to be efficient and healthy, people’s access to information without bureaucratic hurdles is imperative. Technology can help to bridge this gap, and spending could be reduced by reallocating funds to the most effective and practical projects and agencies. However, these changes must be transparent and made known to the public before drastic measures are taken.
The slash-and-burn policy has caused casualties and infringes on citizens’ FOIA and First Amendment rights. They discover information that should be made public and make a decision that erases the evidence of the discovery. Oversight will abound. These are tensions between transparency and efficiency. It is true that excessive transparency is not cost-effective and is time-consuming. The sacrifice of transparency for efficiency is a calculated risk and a slippery slope. When good intention turns bad, the lack of transparency is the veil for oppression and tyranny. Democratic accountability is a lesson that has been learned and does not need to be studied or learned again. The press, media, and individuals have the right to access information. That means funding the ability to access information. DOGE and the Department of Government Efficiency are real-world examples of threats to the freedom of information.
The individuals and families that can be affected can be described in a hypothetical scenario where a big corporation moves next door and is polluting the air. This causes problems with the closest family, and they request environmental records from the local Government. DOGE has cut that department and decided that funding that type of agency is unnecessary. The family has no recourse but to move to a place with less pollution. They sell their house and change towns. A new location opens for the corporation, close enough to have similar effects. This time, they are in a State that funds the environmental reports, and the family can obtain proof that the company is at fault and hold them accountable in the media and court. The company has changed its practices in this location but can continue with the old practices in other states. Access to information is important not just for health and safety but for freedom and democracy to exist as well.
By defunding government operations, FOIA’s intent can be undermined. The ability of agencies to process information and requests is dependent on funding. Technology can enhance transparency and efficiency at the same time. It is possible that AI and blockchain technology could make information readily available, accessible, and protected all at the same time. “Broader use of AI-based systems can help optimize resources by assuming burdensome, repetitious, lower-level tasks so government employees can focus on interpreting data, critical thinking, and service delivery. When integrated effectively, blockchain technology ensures transparency, security, and efficiency in managing government operations (Deloitte, n.d.).”It is not that people do not want the Government to be efficient. It is a fact that their rights are being trampled on, and access to information requires funding until advancements are made where they are not. The cart must come before the horse, not after, in this regard, and it seems like this will be a well-documented case that establishes clear guidelines.
The First Amendment protects the right to petition the Government, and the Freedom of Information Act (FOIA) is one of the tools that support this right. “The Freedom of Information Act (FOIA) was signed into Law on July 4, 1966, by President Lyndon B. Johnson and became effective on July 5, 1967. It was established to ensure public access to federal government records, promoting transparency and accountability in governance. FOIA was designed to clarify and protect the public’s right to information, addressing concerns about secrecy in government operations and empowering citizens to hold leaders accountable (U.S. Department of Justice, n.d.).”
Achieving a balance between governmental efficiency and transparency is essential to protect citizens’ rights and maintain public trust in the Government. Policies must prioritize accountability and ensure that efficiency does not come at the expense of openness and democratic values. Expanding FOIA plays a critical role in protecting access to information, empowering citizens to engage with their government, and preserving the integrity of governance in a rapidly evolving world.
References
Trager, R., Ross, S. D., & Reynolds, K. (2019). The law of journalism and mass communication (7th ed.). CQ Press.
The Freedom of Information Act U.S. Department of Justice. (n.d.). The Freedom of Information Act. Retrieved from https://www.foia.gov
Huff, J. (2023, November 29). How one man’s open records obsession sparked a fight over transparency and power in East Texas. Texas Standard. Retrieved from Texas Standard.
TheGlobalEconomy.com (n.d.). Government effectiveness – Country rankings. Retrieved from TheGlobalEconomy.com
Deloitte. (n.d.). AI: Can smart technologies drive government efficiency? Retrieved from Deloitte.
Nalepinski, K. (2025, March 17). FOIA request to DOGE: How to request what personal data was taken. Newsweek. Retrieved from Newsweek.
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