New England First Amendment Coalition
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Each year, NEFAC honors individuals who have promoted and defended the First Amendment throughout New England. At its annual ceremony, the coalition presents the Stephen Hamblett First Amendment Award, the Michael Donoghue Freedom of Information Award and the Antonia Orfield Citizenship Award. Ticket proceeds support civics and First Amendment education in New England. Purchase tickets here.
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The New England First Amendment Coalition will present its 2022 Stephen Hamblett First Amendment Award to Raney Aronson-Rath, executive producer for PBS’ flagship investigative journalism series FRONTLINE.
In addition to her work at FRONTLINE, Aronson-Rath spearheaded an initiative to bolster local journalism in news deserts and led an ongoing charge for transparency in journalism — including through the FRONTLINE Transparency Project, an effort to open up the source material behind FRONTLINE’s reporting.
She also served as the sole public media representative on the Knight Commission on Trust, Media and Democracy, a panel that published a landmark report on the causes and consequences of growing distrust in democratic institutions, including the press. [...]
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DEADLINE FOR NOMINATIONS — MARCH 4
Michael Donoghue Freedom of Information Award
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The FOI Award is given each year to a New England journalist or team of journalists for a body of work from the previous calendar year that protects or advances the public’s right to know under federal or state law. Preference is given to those who overcome significant official resistance. Nomination Form
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Antonia Orfield Citizenship Award
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The Citizenship Award is given to an individual from one of the six New England states who has fought for information crucial to the public’s understanding of its community or what its government is doing — or not doing — on its behalf. The candidate should have shown tenacity or bravery in the face of difficulty while obtaining information that the public has a right to know. Nomination Form
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The New England First Amendment Coalition and Union Leader Corp. recently intervened in a New Hampshire criminal court case to demand the release of records that were improperly sealed.
“The records now sealed in this case that alleges serious criminality should be available for the public’s viewing and inspection,” explained NEFAC’s Gregory V. Sullivan, who serves as general counsel for Union Leader Corp., in a Feb. 2 memorandum filed in Superior Court. [...]
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The line where First Amendment protection begins and ends isn’t always clear for those speaking critically of private and public figures.
By viewing this lesson, you will learn:
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• The seminal First Amendment cases addressing defamatory speech and recent developments in libel law.
• The current legal standards used to determine if speech is libelous.
• Good practices for you and your newsroom that will help avoid libel claims.
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The New England First Amendment Coalition recently testified in support of a Rhode Island bill that would make police internal affairs reports public regardless of how the investigation was initiated.
Due to a 2017 decision by the Office of the Attorney General, complaints against law enforcement agencies initiated internally are typically kept secret while complaints made by the public are disclosed. H 6602 would remove this distinction. [...]
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The event on March 10 will focus on how students can use journalism practices to amplify their voices and the experiences of others. Students will learn the danger of news deserts and how they can help fill the void being left in local news coverage.
Professional and student journalists will share with attendees strategies that can be used to shine a light on what matters most to them in their schools, neighborhoods and communities.
Students will receive practical advice on how to begin reporting newsworthy events in their lives through traditional school publications, social media platforms and other channels. [...]
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NEFAC is continuing its introductory series on public record laws with new classes on the appeal process for individual states and the federal Freedom of Information Act.
The classes feature a local attorney or open government expert who will explain how to appeal a public records request denial and provide tips on how to obtain records when an agency claims they are exempt from disclosure.
This latest round of classes will be provided by NEFAC with support from the Society of Professional Journalists Foundation, SPJ New England, MuckRock and the New England Society of News Editors.
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Recordings and Upcoming Classes
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The New England First Amendment Coalition and a group of press advocates are calling for federal officials to be held personally liable for damages when they retaliate against those exercising constitutional rights such as newsgathering.
“When retaliation chills reporting. . . the impact on First Amendment freedoms is ‘immediate and irreversible,’ as much so as any classic prior restraint,” the groups explained in a Jan. 25 amicus brief drafted by the Reporters Committee for Freedom of the Press. [...]
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The New England First Amendment Coalition recently testified against a New Hampshire bill that would make it easier for government to keep meeting minutes secret.
Under state law, government bodies are allowed to meet in non-public sessions so long as minutes and decisions are publicly disclosed within 72 hours of the meeting.
SB342 would add an exemption to this rule for when the information pertains to “hiring, firing, and other personnel discipline and investigations, or consideration of legal advice.” [...]
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NEFAC Leads First Amendment Classes for Loeb School, Boston Bar Association
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NEFAC Executive Director Justin Silverman led classes this month on the First Amendment and open government for the Nackey S. Loeb School of Communications and the Boston Bar Association.
Email justin@nefac.org to schedule a guest speaker for your class or program.
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Judith Meyer, representing the Maine Press Association, the New England First Amendment Coalition, the New England Newspaper & Press Association, the Maine Association of Broadcasters and the Society of Professional Journalists Maine, filed an objection to the bill on Thursday.
“We understand the need for personal privacy, particularly from government intrusion, but we have grave concerns that the language contained here is overly broad and will implicate First-Amendment protected activities and entitlements under the Freedom of Access Act. Logistically, it will create havoc for businesses and organizations that collect and use personal information,” Meyer wrote in Thursday’s filing with the Judiciary Committee. [...]
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NEFAC's Justin Silverman said while he’s encouraged by the $100,000 the judge awarded the newspaper in legal fees — an award the 2016 law contemplated by creating a presumption in favor of awarding such fees in successful lawsuits — most people denied records can’t afford to spend the time or money placing such a bet.
And even though the T&G got the records it requested, Silverman noted, doing so took three years.
“We need additional reforms so we don’t have to go through this multi-year process to begin with,” he said. [...]
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While Attorney General Maura Healy has previously ruled that the governor’s office is not subject to the public records law because the court decision in Lambert v. the Judicial Nominating Council, a spokeswoman for her gubernatorial campaign says Healy now believes the governor’s office “should be subject to the public records law and would voluntarily comply if elected.”
Justin Silverman. the executive director of the New England First Amendment Coalition, believes that Healey’s reply does not fully respond to the question.
“Healey’s response is ambiguous at best,” Silverman said. “It . . . does nothing to rebuke the use of Lambert to maintain secrecy within the governor’s office. There’s no reassurance here that, if she’s elected governor, Healey won’t cite the Lambert decision just as previous administrations have done.” [...]
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Justin Silverman, the executive director of the New England First Amendment Coalition, said remote access is an equity issue.
“During the last two years we have seen the benefits of remote access and participation for those unable to attend in-person meetings,” Silverman said. "Under this order, those concerned about COVID and choosing not to attend meetings can be shut out entirely." [...]
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Justin Silverman, executive director of the New England First Amendment Coalition, said Rhode Island has seen the benefits of remote access and participation for those unable to attend in-person meetings over the past two years.
“Under this order, those concerned about COVID and choosing not to attend meetings can be shut out entirely,” Silverman said. “Those with disabilities, family commitments, work obligations, and other conflicts can also be denied access. Remote participation is not only about safety, but also about equity. This order simply doesn’t go far enough to guarantee the access we need.” [...]
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Justin Silverman of the New England First Amendment Coalition said the uptick in requests is no excuse for not responding to them.
“That could be a factor, but if the law was being followed, there wouldn’t be very many appeals in the first place,” said Silverman, who said he’d heard complaints about Boston on this front from various reporters. [...]
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Justin Silverman of the New England First Amendment Coalition, a nonprofit organization that seeks to expand public access to government, said the working group’s recommendations are a step in the right direction, but that they don’t provide a full solution.
“The solution is more in line with what Representative Cabral is proposing,” Silverman said, “because it prioritizes transparency and our right to know what is occurring in our courts.”
Though recognizing the COVID-19 pandemic has made things challenging, he said changes to how the state’s court system conducts these proceedings are long overdue.
“You had the big series reported by the Boston Globe that showed all the inequities within the system,” Silverman said, “and here we are several years after that without any meaningful changes made.” [...]
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MORE FOI & FIRST AMENDMENT NEWS
Regional / National
Palin v. New York Times
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Connecticut
First Amendment, Prisons
Maine
Massachusetts
Public Records, Governor's Office
Public Access to Statehouse
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New Hampshire
Rhode Island
Vermont
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Thank You to Our Supporters
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NEFAC appreciates the support of all its donors and volunteers. In particular, we would like to thank the following Leadership Circle donors ($10,000+) and Major Supporters ($2,500-$9,999) for their contributions:
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LEADERSHIP CIRCLE
Hearst Conn. Media Group
The Boston Globe
Paul and Ann Sagan
The Robertson Foundation
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MAJOR SUPPORTERS
Boston University
WBUR-Boston
Academy of New England Journalists
SPJ Foundation
Genie Gannett for the First Amendment Museum
Linda Pizzuti Henry
Connecticut Public
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