NEFAC Report | August 2023

New England First Amendment Coalition

August 2023

VERMONT

Coalition Recommends Changes to Court Records System, Judicial Policies on Access

The New England First Amendment Coalition sent the Vermont Judiciary a list of recommendations on how to improve access to state court records.

Vermont currently uses Odyssey software to provide online access but various policy and design decisions by judiciary officials have made the platform challenging to use.

“Our conversations with journalists and transparency advocates in Vermont have highlighted continued issues with the poorly designed system,” wrote NEFAC and other open government advocates in an Aug. 23 letter. [...]

RHODE ISLAND

NEFAC, ACLU Denounce Removal of Speaker at Warwick City Council Meeting

The New England First Amendment Coalition and the ACLU of Rhode Island called on the Warwick City Council to recognize the public’s freedom of speech after a resident was recently escorted out of an open meeting by police.

During the public comment period of the Council’s July 17 meeting, a Warwick resident was barred from speaking and escorted out of the meeting because he sought to comment on a Providence Journal article involving Council Vice President Donna Travis.

The article detailed allegations against Travis about her role in a controversial acquisition of land from the Oakland Beach Real Estate Owners Association. [...]

Additional Coverage

FIRST AMENDMENT AND THE FREE PRESS

NEFAC to Lead First Amendment Workshop for Indo-Pacific, Central Asian Diplomats

The New England First Amendment Coalition will present to a delegation of Indo-Pacific and Central Asian public officials next month as part of a U.S. Department of State-funded civics program.

NEFAC President Gregory V. Sullivan will speak to the group about the First Amendment and open government on Sept. 13 in Boston.

This will be the sixth time NEFAC has participated in the international program. The coalition previously presented to Egyptian, Iraqi, Canadian and South American delegations. [...]

NEFAC's “First Amendment and the Free Press” program highlights our constitutional freedoms and the democratic role journalism plays in our country. Email justin@nefac.org to book a speaker for your upcoming program or class.

MAINE

NEFAC Explains First Amendment Law Following Neo-Nazi Rally in Augusta

As offensive as the speech may be, explained NEFAC’s Justin Silverman, the First Amendment prevents government from censoring it based on the message alone.

Hate speech can be criminalized only when it becomes incitement or another unprotected category of speech. The law works this way to protect everyone from government censoring speech simply because it doesn’t like what’s being said. [...]

JOURNALISM

NEFAC Co-Sponsors Black Media Symposium at Boston University

The New England First Amendment Coalition is proud to co-sponsor Black Media: Reflecting on the Past and Reimagining the Future, a day-long symposium next month at Boston University.

The Sept. 22 program will highlight Black media professionals and their innovative work in journalism, among other industries. Speakers will discuss how they have broken barriers in their fields, amplified their voices and navigated the challenges that still exist for Black storytellers and communications professionals. [...]

30 MINUTE SKILLS

How to Use Flourish

Sept. 1, 2023 | 12 p.m. ET

Flourish is a free visualization tool used by newsrooms and data journalists, as well as others working with large datasets and who need to drive home the visual elements of a story.

By attending this class, you’ll learn:

(1) How to navigate Flourish and use its basic functions.

(2) How to develop simple visualizations such as charts and maps.

(3) How to create a searchable database using the software.

MORE NEFAC COMMENTARY

Tafari Campbell’s Drowning Death is Deemed an Accident But Massachusetts Police are Still Withholding Basic Information

"The burden is on law enforcement to show how their investigation may be jeopardized by releasing certain information," said Justin Silverman, executive director of the New England First Amendment Coalition. "And they’re not doing that right now. This really flies in the face of Public Records Law." [...]

Judge Sides with Newspaper in Suit About Police Records

Justin Silverman, executive director of the New England First Amendment Coalition, said the maneuver is part of a trend he’s heard referred to as a “reverse FOIA” (Freedom of Information Act) request.

“The job of government is to be transparent, and to find ways to comply with public records laws — not sue the requesters to maintain secrecy,” Silverman said. “It’s a very troubling trend that, unfortunately, burdens requesters to the point where public records requests may not be made.”

He noted that not all public records requests are by newsrooms, but said cases like this one where a news agency prevails could send a message to governments that “they’re gonna have a fight on their hands.” [...]

New Massachusetts Law Shields Rejected Vanity Plate Records

“Laws are occasionally passed with the best of intentions that, unfortunately when they play out, increase secrecy in the state,” said Justin Silverman, NEFAC's executive director. “This is non-controversial information. No one was complaining that requests for vanity plates were being made public.” [...]

In a Small Rhode Island Town, a Big Issue About the First Amendment

Justin Silverman, the executive director of the New England First Amendment Coalition, said he sees “red flags” in the Johnston case. However, he said, it can be difficult to prove a violation of the First Amendment.

“The First Amendment only comes into play when it’s a retaliatory measure, and not for other reasons that may make sense, such as moving ads to another publication for a broader audience or better rates. That’s where it gets tricky,” Silverman said. “It’s difficult to prove without someone making an explicit threat.” [...]

Free Consultancy Work of Failed UMA President Raises Questions About University Payout Deal

Justin Silverman, executive director of the New England First Amendment Coalition, said Laliberte’s job updates should be public.

“They directly relate to a settlement agreement that has already been disclosed and they would allow us to make sure that agreement is being followed,” Silverman said.

The settlement also states Laliberte is not a current or former employee, he said.

“It’s not clear how a non-employee could be considered personnel under (Maine’s Freedom of Access Act), but even if that exemption applies the state is still obligated to at least provide the reports in redacted form,” he said. “An outright denial of these reports is an unreasonable if not incorrect interpretation of the public records law.” [...]

MORE FOI & FIRST AMENDMENT NEWS

National / Regional

Marion County Record Raid

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Connecticut

Religious Exemptions

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Maine

Public Records, Bad Faith Standard

Strategic Lawsuits Against Public Participation

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Massachusetts

Legislature Transparency

Governor's Office, Public Records

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New Hampshire

Plaintiff Pseudonymity

Hate Speech, Civil Rights

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Rhode Island

Matos Nomination, Public Records

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Covid-19 Vaccine Free Speech Suit to Get First Circuit Look | Bloomberg Law

Vermont

Thank You to Our Supporters

NEFAC appreciates the support of all its donors and contributors. In particular, we would like to thank the following Leadership Circle donors ($10,000+) and Major Supporters ($2,500-$9,999):

LEADERSHIP CIRCLE

Rhode Island Foundation

The Boston Globe

Paul and Ann Sagan

The Robertson Foundation

MAJOR SUPPORTERS

Boston University

Hearst Conn. Media Group

Academy of New England Journalists

Genie Gannett for the First Amendment Museum

Linda Pizzuti Henry

Champa Charitable Foundation Fund

Connecticut Public