Journalists and other citizens frequently run up against closed doors in their search for information and access, oftentimes simply because they're not aware of their rights. When can a legislative body close a meeting? What agency records are public? What procedure must a judge follow in order to close a court proceeding?

The Montana Journalism Review and the Montana Freedom of Information Hotline offer this guide in order to better educate journalists and citizens about public access to state and local government. Organized in FAQ format, the guide is divided into these three most common categories:

• access to meetings,
• access to records and documents and
• access to court records and proceedings.

It outlines statutory and constitutional provisions protecting public access in Montana and spells out rulings from particularly important access cases.

The questions and responses in this guide were culled from a file of questions journalists have already asked of the Montana Freedom of Information Hotline, a service operated by a coalition of news media in order to monitor, to insure and to enforce the public's right to know under Article II, section 9 of the Montana Constitution. The Helena law firm of Reynolds, Motl and Sherwood answers a full range of questions, from those concerning prior restraint and gag orders to how to respond to a search warrant or subpoena. Most often, however, journalists call when they think they've been denied access to a public meeting, document or court proceeding.

A caveat: This guide should in no way substitute for the legal guidance given daily by the FOI Hotline lawyers. The purpose of the FAQ is to serve as a quick-reference guide that will answer the most basic access questions. It should also help journalists to more narrowly define any further inquiries they might make to the Hotline itself. Matters of particular gravity or complexity should always be referred to either the Hotline at (406) 442-3261 or the news organization's legal counsel.

NOTE: This online version of the access guide is being enriched with links to text of important Montana cases, state government online resources and other valuable FOI internet sites. Suggestions for improvements may be sent to Prof. Clemens P. Work at the School of Journalism, The University of Montana, Missoula 59812 or to work@selway.umt.edu