New England First Amendment Coalition |
|
|
|
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.
|
|
Recordings and Upcoming Classes |
|
In an op/ed for CommonWealth Magazine, NEFAC Executive Director Justin Silverman describes how requiring both online and in-person access to government meetings will help Massachusetts journalists and the communities they cover. NEFAC endorsed An Act to Modernize Participation in Public Meetings (H.3152/S.2082) which requires both remote and in-person access to government proceedings. |
|
Thoughtless journalism can cause collateral damage to victims of trauma. Journalists must know how to cover sensitive stories without causing additional harm.
By viewing this lesson, you will learn:
|
|
• How to build trust with victims and other vulnerable sources.
• How to motivate sources to share their story in empowering ways.
• Additional resources to use when covering stories involving victims of trauma.
|
|
The New England First Amendment Coalition warned Maine legislators that a proposal to create a state constitutional right to privacy could infringe on First Amendment rights and the Freedom of Access Act.
“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,” according to testimony submitted on behalf of the coalition and other press advocates. [...]
Additional Coverage
|
|
The New England First Amendment Coalition and a group of press organizations continued their fight against a prior restraint imposed on The New York Times by submitting a second amicus brief calling for an immediate end to the unconstitutional restriction on newsgathering.
“Prior restraints against lawful speech, like the one at issue in this case, have been roundly rejected by the U.S. Supreme Court,” according to a Jan. 12 brief. [...]
Additional Coverage
|
|
The New England First Amendment Coalition is pleased to announce several additions to its Board of Directors:
Julia Bergman at Hearst Connecticut Media Group, Jeff Cohen at Connecticut Public Radio, Shirley Leung at The Boston Globe, Penelope Overton at the Portland Press Herald and Carlos Virgen at The Day.
“We’re honored to have these veteran journalists help lead the way for NEFAC in the coming years,” said Justin Silverman, the coalition’s executive director. “They are brining a wealth of knowledge and expertise to our work on behalf of the First Amendment.” [...]
|
|
FIRST AMENDMENT AND FREE PRESS |
|
Anastasia Lennon, a reporter for the New Bedford Light, discusses her attempts to access a criminal court proceeding that’s closed to the public. Secret “show cause” hearings occur throughout the state typically with no notice to the public. Massachusetts is the only state in the country where these types of hearings occur.
Additional Coverage
|
|
NEFAC’s Justin Silverman spoke to WMTW about a recent Maine Freedom of Information Coalition study concerning widespread inconsistencies in record keeping and the public’s ability to access records of complaints made against police. The data and documents produced, or lack thereof, made clear that although it is public information, Maine has no uniform system for tracking and maintaining the records.
Additional Coverage
|
|
The New England First Amendment Coalition recently joined several press advocates to denounce a federal pre-publication review system that erodes the constitutional rights of publishers.
“Black-letter law holds that prior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights,” they explained in a Dec. 29 amicus brief. “Few protections for a free press and an informed public are more fundamental.” [...]
|
|
Taking a different view was Justin Silverman, a lawyer who is executive director of the New England First Amendment Coalition.
“Just because Loughner didn’t use the map as motivation, [that] doesn’t mean that readers of the NYT weren’t told that he did — which arguably is the same as being told that Palin incited the violence and is responsible for that violence by publishing her map,” he said in an email. Silverman added: “By incorrectly saying that Loughner was motivated by the map, isn’t the NYT also incorrectly saying that Palin incited Loughner by publishing it?”
Nevertheless, Silverman said the Times should prevail if it is able to prove that its errors resulted from “sloppy journalism” rather than actual malice. [...]
|
|
An attorney specializing in First Amendment law, Greg Sullivan, said Seven Days’ story is protected by the Fair Report Privilege — a defense to journalists who fairly summarize government reports or official statements.
“Even if the government action contains defamatory material, the Fair Report Privilege will protect the press,” said Sullivan, who teaches First Amendment and media law at Suffolk University in Boston and is a board member of the New England First Amendment Coalition.
The Vermont Supreme Court has recognized this privilege, Sullivan said, and in this case, Vermont law would be applied even though Leise’s lawsuit is filed in federal court. The privilege would apply regardless of how the media obtained the official reports or statements, he said. [...]
|
|
Refusing to comply is illegal under Massachusetts law, but public officials rarely face meaningful penalties because the supervisor cannot enforce her own orders. Justin Silverman, executive director of the New England First Amendment Coalition in Westborough, said the situation displays a weakness of Massachusetts public records law.
“You have a public records request being made, you have a denial inappropriately given, you have the Supervisor (of Public Records) saying these records must be released, and you have an agency at least partially disregarding that order,” said Silverman, who lives in Wayland. “This is one of the challenges we all face under the current law and it shows how difficult it is to access information we’re entitled to.” [...]
|
|
MORE FOI & FIRST AMENDMENT NEWS
Regional / National
Government Speech
Government Surveillance
Biden Administration, Press
___________________________________________
Connecticut
Maine
Anonymous Speech, Courts
___________________________________________
Massachusetts
New Hampshire
Police Misconduct
___________________________________________
Rhode Island
Open Meeting Law
COVID-19, Remote Meetings
___________________________________________
Vermont
COVID-19, Remote Meetings
___________________________________________
|
|
Thank You to Our Supporters |
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:
|
|
LEADERSHIP CIRCLE
Hearst Conn. Media Group
The Boston Globe
Paul and Ann Sagan
The Robertson Foundation
|
|
MAJOR SUPPORTERS
Boston University
WBUR-Boston
Academy of New England Journalists
SPJ Foundation
Genie Gannett for the First Amendment Museum
Linda Pizzuti Henry
|
|
|
|
|
|
|
|
