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New England First Amendment Coalition

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June 2022

JOURNALISM NEFAC Launches New Mentorship Program to Help in Variety of Professional Areas Applications Now Open to All Rhode Island Reporters, Editors and Producers

The New England First Amendment Coalition recently launched a new mentorship program for journalists working in the region.  NEFAC Mentors helps reporters, editors and producers looking for guidance in a variety of professional areas by matching them with a veteran journalist with relevant expertise.  The program is funded in part by the Rhode Island Foundation and will be open exclusively to those in Rhode Island newsrooms for the next six months. Beginning in 2023, all New England journalists will be eligible to apply. [...]

RHODE ISLAND NEFAC Emphasizes Need for Transparency in Remarks at Annual Open Government Summit

The New England First Amendment Coalition helped commence the 24th annual Open Government Summit in Rhode Island earlier this month, emphasizing the need for transparency within state and local government.  Those in government have a crucial role to play as the gatekeepers to information, explained NEFAC’s Edward Fitzpatrick during the summit’s opening remarks. [...]

EDUCATION How to Balance Newsgathering with Privacy Interests

The line between responsible public interest reporting and the invasion of individual privacy can often be difficult to see. Taught by Gregory V. Sullivan, counsel to Union Leader Corp., this lesson will teach you:

• What constitutes “invasion of privacy” under the law. • The scope of First Amendment protection when reporting in public areas. • Ways to stay within the legal bounds of privacy when newsgathering. View All Previous 30 Minute Skills

VERMONT NEFAC, Vermont Journalism Groups Call for Better Press Access to Courts

The New England First Amendment Coalition and Vermont journalism organizations expressed concern earlier this month about courts in the state limiting press access to in-person proceedings, a situation particularly problematic for broadcast newsrooms.  In a June 3 letter to Vermont Judiciary officials, the groups described at least two instances of broadcast journalists being denied access to courtrooms and unable to use their own equipment to record proceedings. [...]

NEW HAMPSHIRE Provenza v. Town of Canaan: Open Government Victory in New Hampshire

Henry Klementowicz at the ACLU of New Hampshire discusses a recent state Supreme Court case involving access to police records. In 2018, the town of Canaan hired a company to investigate an allegation of excessive force by one of its officers and to issue a report on its findings. The police department later dismissed the allegations as “unfounded” and refused to release the report. Discussion Notes and Links

FIRST AMENDMENT AND THE FREE PRESS NEFAC Teaches First Amendment and FOI Law to Central and South American Diplomats

The New England First Amendment Coalition recently presented to a delegation of Central and South American public officials as part of a U.S. Department of State-funded civics program.  The State Department’s International Visitor Leadership Program supports short-term visits to the United States for foreign leaders to learn about a variety of topics, including the First Amendment. WorldBoston, a local non-profit organization, coordinates the IVLP presentations and educational programming. [...]

NEFAC also presented this month to the First Amendment Museum in Augusta, Maine; the New England High School Journalism Collaborative in Weston, Mass., and as part of a New Hampshire Humanities event on the First Amendment in Concord. Are you in need of an expert speaker or would like NEFAC to present to your organization? Email justin@nefac.org.

FREEDOM OF INFORMATION NEFAC Joins Call for More Transparency in Federal Government

The New England First Amendment Coalition recently called on the federal government to make specific changes that would increase transparency and protect the public’s right to know.  In a June 17 letter drafted by Demand Progress, NEFAC and other advocates outlined three priorities the U.S. government should commit to implementing which included reinvigorating its commitment to improving compliance with the Freedom of Information Act. [...]

OPEN MEETING LAW

NEFAC Begins Lessons on Open Meeting Laws

The New England First Amendment Coalition is continuing its series on freedom of information laws with new classes on state open meeting statutes.  The classes will feature local attorneys who will provide an overview of their respective state’s open meeting law and answer questions from those who attend.  This latest round of classes will be provided by NEFAC with support from the Society of Professional Journalists Foundation, SPJ New England, the Rhode Island Foundation, MuckRock and the New England Society of News Editors. [...]

View Previous Lessons and Register For Upcoming Classes

Connecticut | View Dan Barrett ACLU-Connecticut New Hampshire | View Gregory V. Sullivan Counsel to Union Leader Rhode Island | July 23 Raymond Marcaccio Oliverio & Marcaccio

Vermont - July 20 Lia Ernst ACLU-Vermont Maine - July 27 Sigmund Schutz Preti Flaherty Mass. | Aug. 3 Jonathan Albano Morgan Lewis

Miss our lessons on state public record laws and the federal Freedom of Information Act? View them here.

VERMONT How Often is Vermont’s Open Meeting Law Violated? Why We May Never Know

NEFAC Executive Director Justin Silverman speaks to Rachel Mann at WCAX about open meeting law complaints made in the state. Because complaints are filed with individual agencies, there’s no easy way to tally the number each year. “We as citizens need to know how many complaints are being filed against agencies under the open meeting law each year,” Silverman said.

FREEDOM OF INFORMATION NEFAC, Open Government Groups Caution Against Per Se Exemptions of Personal Data from Public Records

The New England First Amendment Coalition and government transparency groups across the country raised concerns this month over efforts to redact certain personal information from state public records.  A national organization called the Uniform Law Commission is in the process of developing model legislation that all states can use to create per se public record redactions for a variety of categories of information pertaining to government employees. [...]

EDUCATION NEFAC Summer Legal Fellows, Intern to Support First Amendment Advocacy

The New England First Amendment Coalition is pleased to announce two law school fellows and an undergraduate intern who will be helping the organization throughout the summer. Edward Samuels and Lucas Uhl are both rising second-year students at Boston College Law School. Katherine Hapgood is a rising senior journalism student at Boston University. [...]

MORE NEFAC COMMENTARY

Wu Not Always Living Up to Transparency Promises

Justin Silverman, executive director of the New England First Amendment Coalition, said he was dismayed by the city’s recent track record. “There’s no excuse for ignoring public records requests,” he said. “Citizens are entitled to transparency. The law requires it. If the city is unable to manage the volume of requests it receives, then it needs to make changes to how it operates. It needs to find a way to make open government more of a priority.” [...]

MORE FOI & FIRST AMENDMENT NEWS Regional / National School Prayer, Coercion Supreme Court Sides With Praying Football Coach in First Amendment Case | U.S. News & World Report Supreme Court Declines to Revisit Landmark First Amendment Decision, Leaving Higher Bar for Libel in Place | CNN Supreme Court Says Coach’s Post-Game Prayers Were Protected by the First Amendment | Education Week Religious Education, Public Funding Supreme Court Ruling Could Unsettle Maine’s Already Limited Oversight of Private Schools | Maine Monitor Supreme Court Tosses Maine’s Ban on Public Funding for Religious Schools | Bangor Daily News Supreme Court Strikes Down Maine’s Exclusion of Religious Schools From Tuition-Aid Program | Education Week Court Strikes Down Maine Law Barring State Funds for Religious Education | Politico State Funds for Students at Religious Schools? Supreme Court Says ‘Yes’ in Maine Case — But Consequences Could Go Beyond | The Conversation U.S. Supreme Court Backs Public Money for Religious Schools | Reuters Supreme Court Rules Maine's Tuition Assistance Program Must Cover Religious Schools | NPR Supreme Court Ruling Expected on Maine Education Case | The Maine Monitor _________________________________________________ Abortion Bans Bring First Amendment Battles, Too | Reason High Court Limits Suing Officials Over Rights Violations | Associated Press Victory! Court Rules That DMCA Does Not Override First Amendment’s Anonymous Speech Protections | EFF YouTube is Now Censoring Journalism for the Biden Administration | New York Post The Courts, the Platforms, and Regulating Speech | CJR Connecticut Appeals Court Tells Police Union Its Contract Doesn’t Supersede State Public Records Laws | Techdirt Wethersfield Passes Ordinances to Stop Panhandling; It’s ‘About Safety, Pure and Simple,’ Mayor Says | Hartford Courant Maine Police Misconduct Records Maine Police Found a Way to Keep Misconduct Secret. Lawmakers are Paying Attention | Bangor Daily News State Police Release Unredacted Discipline Records Ordered By Court | Portland Press Herald A Victory in the Constant Fight for the Public’s Right to Know | Bangor Daily News Judge's Ruling Should Change Handling of Police Misconduct Records | Kennebec Journal Maine State Police Must Reveal Officer Misconduct, Judge Rules in Newspaper Lawsuit | Bangor Daily News Anonymity, Court System Maine Health Care Workers to Appeal Order to Disclose Their Names in Vaccine Mandate Lawsuit | Portland Press Herald No Pseudonymity for Challenge to Maine Healthcare Worker Vaccine Mandate | The Volokh Conspiracy _________________________________________________ Maine State Police Announces Restructuring After 3 Weeks of Declining to Share Details | Bangor Daily News Massachusetts AG OKs Dighton Ban on LGBTQ, Other Flags at Town Hall — But Only Town Hall | Taunton Daily Gazette AG’s Office Rules Finance Committee Violated Open Meeting Law | The Cape Cod Chronicle Sheriff’s Office Records Disappear; Times is Repeatedly Denied Records, Then Told They Can’t Be Found | Martha's Vineyard Times Lawsuit Alleges Massachusetts School Officials Violated First Amendment By Abusing State’s Wiretap Law | Techdirt Hear Ye, Hear Ye: Accessing Justice in the Digital Age | The Boston Globe Keep Public Meetings Online | The Sun Chronicle New Hampshire State to Appeal Personnel Records Release of Fired State Trooper | Concord Monitor Teachers Rally Against New Law Limiting Classroom Lessons as State Tries to Dismiss Lawsuit | Concord Monitor Violent Attacks on Journalists Also Assault the Truth | Eagle-Tribune Rhode Island Bill Would Allow Public Comment at Public Meetings, Even If Agenda Item Removed | The Boston Globe R.I. ACLU, Activist Groups Ask Judge to Make ‘John Doe’ Trooper Sue Under His Real Name | The Boston Globe Vermont Supreme Court Ruling Could Impact School Choice in Vermont | Times Argus

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 Rhode Island Foundation 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 Connecticut Public GBH-Boston