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New England First Amendment Coalition

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March 2021

PBS NewsHour’s Yamiche Alcindor to Receive Stephen Hamblett First Amendment Award

Named after the late publisher of The Providence Journal, the Hamblett Award is given each year to an individual who has promoted, defended or advocated for the First Amendment throughout his or her career. “Alcindor has been a steadfast advocate for the First Amendment,” said Justin Silverman, NEFAC’s executive director. “Despite attacks by former President Trump on the press, and against her personally, Alcindor’s coverage of the White House was fearless and unflinching. It stands as a model for all journalists working in hostile situations.” [...]

EDUCATION Responding to a Subpoena

According to the U.S. Press Freedom Tracker, at least 85 journalists have received subpoenas since 2017. Just this year, Vermont television station WCAX received a subpoena from prosecutors demanding unaired footage from an interview. For an increasing number of New England newsrooms without regular access to attorneys, these legal orders can be intimidating and infringe on their rights. By viewing this class, taught by attorney Matt Byrne at Gravel & Shea, you will learn about: • The history of subpoenas and their legal authority. • Arguments and strategies that can be made in response to a subpoena. • How to advocate for yourself and newsroom when in court.

JOURNALISM Reconsidering News Coverage: A Look at The Boston Globe’s Fresh Start Initiative

David Dahl at The Boston Globe discusses the Fresh Start initiative, an attempt to reevaluate the newsworthiness of old stories and weigh the effect those stories have on an individual’s reputation versus the value they serve by remaining online. Discussion Notes

LEADERSHIP NEFAC Strengthens Advocacy in Maine, New England with Additions to Board of Directors

The New England First Amendment Coalition is pleased to announce two additions to its Board of Directors: Judy Meyer, executive editor of the Sun Journal, Kennebec Journal and Morning Sentinel; and Lisa Strattan, vice president of news for Gannett New England.

“We are thrilled to have Judy and Lisa join our Board of Directors,” said Justin Silverman, NEFAC’s executive director. “Their experience and expertise will help strengthen our advocacy in Maine and throughout all New England states.” [...]

EDUCATION

The goal of Sunshine Week — March 14-20 this year with related events occurring throughout the month — is to promote a dialogue about the importance of open government and freedom of information. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public’s right to know.

Keeping the Light On: Holding Government Accountable in New Hampshire

Featuring Gilles Bissonnette | Legal Director for the ACLU of New Hampshire The Hon. N. William Delker | New Hampshire Superior Court Justice Casey McDermott (moderator) | Reporter at New Hampshire Public Radio Emily Gray Rice | City Solicitor for the City of Manchester, New Hampshire Gregory V. Sullivan | First Amendment Attorney at Malloy & Sullivan

Local Journalism and Transparency in Massachusetts

Featuring Peter Caruso, Sr. | NEFAC, Media Attorney at Caruso & Caruso LLP Kay Lazar | Reporter at The Boston Globe Morgan C. Mullings | Report for America, Reporter at The Bay State Banner Charles Sennott (moderator) | The GroundTruth Project, Report for America

Work Like There are 625,000 Vermonters Looking Over Our Shoulders

Vermont Secretary of State Jim Condos writes that confidence in our public institutions is needed now more than ever. The misinformation surrounding the recent election has further eroded faith in government and our civic processes. The best way to combat this is through transparency. [...]

NEFAC Leads Sunshine Week Conversation with Emerson College Journalism Students

The coalition provides educators throughout the region with expert speakers for in-person and virtual classes. NEFAC works with teachers of all levels to develop presentations addressing civics, journalism and other aspects of democracy and the First Amendment.

JOURNALISM The National Association of Hispanic Journalists and Challenges Facing Latinos in New England Newsrooms

Karina Cuevas, a producer at Telemundo in Boston, and Kevin Adrade, a freelancer based in Providence, describe their work at NAHJ’s New England chapter and explain the most pressing issues facing Latino journalists in the region. Discussion Notes

VERMONT NEFAC: Vt. Public Records Act Covers Private Companies Providing Essential Gov’t Services Coalition and Fellow Amici Argue for Broad Interpretation of Law, More Transparency

The New England First Amendment Coalition recently argued to the Vermont Supreme Court that private entities performing essential government services are subject to the state’s public records law. Courts throughout the country apply their state’s public records statutes to certain private entities, explained NEFAC and other advocates in a March 22 amicus brief drafted by the ACLU Foundation of Vermont. [...] Additional Coverage ACLU-Vt. Files Amicus Brief Over Prisoners' Alleged Inadequate Health Care | The Sun Right to Know | Caledonian Record ACLU Urges Vermont Supreme Court to Rule for Transparency in Prison Records Case | VTDigger ACLU Urges Vermont Supreme Court to Rule for Transparency in Prison Records Case | Vermont Biz

NEW HAMPSHIRE NEFAC Calls New Hampshire Bill Dictating News Coverage ‘Blatantly Unconstitutional’

The New England First Amendment Coalition recently testified against a New Hampshire bill that would require news organizations to publish updates to certain stories and limit the use of mugshots in reporting. House Bill 584 — similar to failed legislation in New Hampshire and Rhode Island last year — is “blatantly unconstitutional,” explained attorney and NEFAC Executive Committee member Gregory V. Sullivan. [...]

EDUCATION NEFAC Executive Director Presents First Amendment 101 to Boston Bar Association

Justin Silverman, executive director of the New England First Amendment Coalition, recently presented to the Boston Bar Association as part of its Friday Fundamentals program. Silverman provided a lecture on First Amendment law, giving an overview of how it works and its scope of protection. [...]

NEFAC regularly provides presentations on journalism, freedom of information, civics and other aspects of the First Amendment. Please email justin@nefac.org to discuss how the coalition can help you and your organization.

MORE NEFAC COMMENTARY

Conn. Fire Company’s Communications Officer Disputes Arrest

Justin Silverman, executive director of the New England First Amendment Coalition, said that while he couldn’t speak to the specifics of the law, he had concerns that criminal charges were brought against Frischling for photos that he said any member of the public could have easily taken. [...]

New Bill That Targets Press is Part of a Nationwide Push

“There’s no question this bill is unconstitutional,” Justin Silverman, executive director of the New England First Amendment Coalition, said. Silverman said it is understandable why people might have an issue with newsrooms doing an incomplete job. The correct way to deal with that, he said, is to talk to editors and reporters to convince them to put a higher priority on making sure the outcomes of cases are given enough attention. The bottom line, though, is that it is a news organization’s prerogative to make those decisions, not the government’s, Silverman said. [...]

NEFAC is now on TikTok! Check us out at: @FiveFreedoms

MORE FOI & FIRST AMENDMENT NEWS Regional / National Biden Administration, Press Reporters Call Out Biden Administration for Lack of Transparency at the US-Mexico Border | CNN Biden Administration Limits What Border Patrol Can Share with Media About Migrant Surge at Border | NBC News Biden Won't Release White House Virtual Visitor Logs | Politico Press Freedom Comes Second to Self-Interest — Again— as Biden Lets MBS Off the Hook | CJR Defamation, Election 2020 Election Defamation Lawsuits Open New Front in Fight Against Disinformation | NHPR Fox News Sued By Dominion in $1.6 Billion Defamation Case That Could Set New Guardrails for Broadcasters | The Washington Post ___________________________________________ PBS NewsHour’s Yamiche Alcindor to Receive Stephen Hamblett First Amendment Award The National Association of Hispanic Journalists and Challenges Facing Latinos in New England Newsrooms Senator Elizabeth Warren Goes Over The Line; Threatens To Punish Amazon For 'Snotty Tweets' | Techdirt Federal Judge Pens Dissent Slamming Decades-Old Press Protections | Politico Senators Introduce Bipartisan Bill to Televise Supreme Court Proceedings | CNN The Foilies 2021: Recognizing the Year’s Worst in Government Transparency | MuckRock How Do Leak Investigations Work? | Lawfare Tackling the “Fake” Without Harming the “News”: A Paper Series on Regulatory Responses to Misinformation | Yale University Governments Delay Access to Public Records During Pandemic | Associated Press Here’s Merrick Garland’s Orientation Memo for the Trump-Era Hangover on Press Freedom | Lawfare They Were Arrested While Covering Protests Last Year. They’re Still in Legal Limbo | CJR Connecticut Newsgathering, Privacy Conn. Legislative Proposal Would Restrict Publication of Fatal Accident Photos | Journal Inquirer Family, Lawmakers Propose Bill to Limit How Media Covers Deadly Crashes | WFSB Family Seeks to Prohibit Publication of Accident Photos | CT News Junkie ___________________________________________ State Sunshine Agency, With Growing Backlog of Cases, Moving Underground | Republican-American Old Saybrook Declines to Release Police Lawsuit Settlement | New Haven Register Maine Court Records Bill Would Seal Records of Convictions for Minor Marijuana Offenses in Maine | Press Herald Sun Journal and Other Media Companies Say Courts Still Delay Access to Records Illegally | Sun Journal Press Herald and Other Media Companies Say Courts Still Delay Access to Records Illegally | Kennebec Journal Maine Says Judge Should Dismiss Newspapers’ Lawsuit Over Access to Court Complaints | Bangor Daily News News Organizations’ Lawsuit Amended to Challenge New Rules on Court Filings | Portland Press Herald ___________________________________________ Maine Bill Would Require Transparency About School Pesticide | WRAL Councilors’ Letter to Lawmakers Raises Open-Meeting Issue | The Ellsworth American Police Posed as a Reporter During the Livermore Falls Standoff | Bangor Daily News Maine Groups Sue ICE for Information About Immigrants Held at Jail | Sun Journal Lawyer Goes to Court for Access to Maine Crime Lab Records | Press Herald Massachusetts Reconsidering News Coverage: A Look at The Boston Globe’s Fresh Start Initiative Local Journalism and Transparency in Massachusetts State Had to Intervene in Framingham Public Records Dispute | Patch Will Livestreaming of Public Meetings Continue After the Pandemic? | The Boston Globe Recorder Files Request for Greenfield School Committee Email | Greenfield Recorder Charges Dropped Against Photographer, Others Arrested at Main South Protest | Telegram & Gazette Mass. Court Blocks Access To Suit Involving State Sen. Ryan Fattman And Family | WBUR Plymouth DA Evades the Sunshine | The Boston Globe Boston Councilors Want to Make Remote Participation in Meetings Permanent | The Boston Globe 'Sunshine Week': Holding Our Government Accountable | The Eagle-Tribune Civil Rights Group Sues Plymouth DA Over $1.2 Million Bill for Public Records | The Patriot Ledger Massachusetts Appeals Court Strikes Down Child Custody Speech Restriction | The Volokh Conspiracy Walsh Administration Refuses to Release Internal Affairs Files of Embattled Police Commissioner | The Boston Globe In Appeal to Suit Against Barstool Sports, Somerville Mayor Alleges He Was Secretly Recorded | The Tufts Daily Outsourcing Information: Many South Shore Towns Rely on Private PR Firm to Disseminate News | The Patriot Ledger Plaintiff Loses Libel Appeal Against Above The Law | The Volokh Conspiracy New Hampshire NEFAC Calls New Hampshire Bill Dictating News Coverage ‘Blatantly Unconstitutional’ Keeping the Light On: Holding Government Accountable in New Hampshire Legislation Advances in Response to Secret City Land Deals | The Laconia Daily Sun Darkness in N.H. | Caledonian Record It's Good to Sometimes Focus on the Public's Right to Know What Government is Doing | Keene Sentinel Sunshine Week Begins | Union Leader Change Sought in N.H. Constitution To Barring Religious School Funding | InDepthNH Right-to-Know Protections Get Favorable Recommendations From House Lawmakers | Concord Monitor Rhode Island R.I. Senate Rules Change Would Deter Public Testimony Say Civil Rights Advocates | UpriseRI Cumberland Rep Wants Remote Meetings To Continue Post-Pandemic | Patch School Committee Not Fined for Two Open Meetings Violations | The Valley Breeze East Providence Police to Begin Body and Car Camera Program | Providence Journal After Two Days of McKee Refusing to Release Salaries of New Staff, He Reverses, Big Raises for Some | GoLocalProv Vermont NEFAC: Vt. Public Records Act Covers Private Companies Providing Essential Gov’t Services Work Like There are 625,000 Vermonters Looking Over Our Shoulders Right to Know | Rutland Herald Darkness in Vermont | Caledonian Record

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