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New England First Amendment Coalition

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May 2021

EDUCATION NEFAC, SPJ to Offer Introductory Courses on Federal FOIA, State Public Record Laws Series of Lessons Open to All, Will Be Taught By Leading Open Government Experts and Attorneys

The courses will be moderated by Emily Sweeney, a reporter at The Boston Globe and a board member of both NEFAC and SPJNE. “Public record laws are a valuable tool to help citizens learn about and engage with their government,” Sweeney said. “But they vary greatly from state to state. This series of presentations will help everyone better understand the laws in New England.” [...]

Registration For All Classes Now Open

June 2 | Connecticut June 9 | New Hampshire June 16 | Maine

June 23 | Massachusetts June 30 | Vermont

July 14 | Rhode Island July 21 | Federal FOIA

VERMONT NEFAC, Media Organizations Sue Vermont Court Officials Over Access to Records

NEFAC, along with several media organizations, is suing court officials over delays in public access to judicial documents. “The First Amendment provides the press and public with a presumptive right of access to newly filed civil complaints, and where the right of access applies, it must be contemporaneous,” according to the lawsuit filed on May 20. The case is Courthouse News Service v. Gabel and will be heard by the U.S. District Court in Vermont. [...]

Vermont Court Records: CNS v. Gabel and the Fight for Immediate Access

Attorney Robert Hemley at Gravel & Shea in Burlington discusses the recent lawsuit in Vermont to force state officials to provide immediate access to court filings. NEFAC and several media organizations are plaintiffs. Discussion Notes and Links

EDUCATION Data Visualization 101

While there are encouraging signs that COVID-19 in New England is becoming less severe, telling stories using data will continue to be an important skill for journalists covering any beat. By viewing this lesson, you will learn:

• How to find and obtain reliable health data. • How to create simple data visualizations using free online tools. • How to identify story ideas based on vaccination data. All Previous Classes

MAINE

NEFAC: Proposed Vanity Plate Restrictions Constitutionally, Logistically Problematic

While the state is not obligated to provide a vanity plate program, once it opens a forum to citizen speech it should not discriminate against constitutionally-protected expression even if vulgar or otherwise offensive, NEFAC explained in a May 17 letter to the Maine Attorney General. “We believe that at least some of the restrictions on speech imposed by LD 130 are unconstitutionally broad and vague,” wrote Justin Silverman, NEFAC’s executive director. [...] Additional Coverage Maine Might Ban His ‘KISMYAS’ Vanity Plate. The Story Behind It is Sweeter Than You Think | The Bangor Daily News What the Heck is Going On With Some of These License Plates? | The Bangor Daily News Maine Secretary of State Backs Bills to Keep Trash Talk Off License Plates | Press Herald

STUDENT SPEECH

Revisiting Student Rights: How the Supreme Court May Restrict Off-Campus Speech

Attorney Mike Hiestand of the Student Press Law Center in Washington, D.C., discusses the “fuck cheer” case — Mahanoy Area School District v. B.L. — and its possible implications on the rights of students outside the schoolhouse gates. Discussion Notes and Links Additional Coverage Snapchat Decision May Hint at SCOTUS Social Media Rulings | Bloomberg Law SCOTUS Hearing Free Speech Case Following 14-Year-Old’s Controversial Snapchat Rant | Boston 25 'Frightened to Death': Cheerleader Speech Case Gives Supreme Court Pause | Maine Public

RHODE ISLAND NEFAC Opposes Attempt to Make Police Officer Residency Data Secret in Rhode Island

The New England First Amendment Coalition recently opposed legislation that would make secret the towns and cities of residence for Rhode Island police officers. “At a time when citizens throughout the state — and country — are demanding more transparency and accountability within police departments, this legislation will needlessly keep citizens uninformed about the officers patrolling their streets,” wrote NEFAC and the Rhode Island Press Association in a letter to the state Senate Judiciary Committee. [...]

VERMONT NEFAC Testifies in Support of In-Person Public, Press Access to Vermont Legislature

This is a matter of accountability,” explained NEFAC’s Michael Donoghue at a May 6 hearing of the Vermont Sentate Institutions Committee on behalf of the coalition and the Vermont Press Association. “Only with in-person hearings can the public’s voice be fully heard. Despite the benefits of technology, remote access software allows public officials to more easily limit citizen speech and avoid contentious issues.” [...] Additional Coverage Media Push Back on Proposal to Bar Press From Statehouse | VT Digger

NEW HAMPSHIRE NEFAC: Mugshot Secrecy Bill in New Hampshire Dangerous and Unjustified

The New England First Amendment Coalition recently wrote to New Hampshire state senators about a bill that would restrict access to police mugshots, calling the proposal “a dangerous and unjustified infringement” upon the public’s right to know and the ability of journalists to report the news. HB 125 classifies police mugshots as investigatory records and exempts them from release under the New Hampshire Right to Know Law. [...] Additional Coverage N.H. Bill to Keep Mug Shots From Being Viewed By Public Clears Committee | Union Leader Online, Mug Shots Are Forever. Some States Want to Change That | Pew

JOURNALISM Launching a Non-Profit Newsroom: The New Bedford Light and Local Journalism

Barbara Roessner, a member of NEFAC’s Board of Directors and the founding editor of the New Bedford Light, discusses the need for more local journalism and how those in other communities can form their own non-profit news organizations. Discussion Notes and Links

ADVOCACY NEFAC Welcomes Two Boston College Law Students as Summer Legal Fellows

The New England First Amendment Coalition is pleased to announce two law school fellows who will be helping the organization throughout the summer. Jon Cubetus and Clayton Spivey are both rising second-year students at Boston College Law School. “We’re very excited to have Clay and Jon joining our team,” said Justin Silverman, NEFAC’s executive director. “They are both exceptional law students who have a lot to offer our coalition.” [...]

FREEDOM OF PRESS NEFAC, Media Groups Urge U.S. Attorney General to Protect First Amendment Rights of Journalists

The New England First Amendment Coalition called on U.S. Attorney General Merrick Garland to consider the rights of journalists while investigating police treatment of citizens during recent protests in Louisville and Minneapolis. “This is an opportunity for the attorney general to protect the free press and to remind police departments throughout the country that journalists must be allowed to do their job,” said Justin Silverman, NEFAC’s executive director. [...]

MORE NEFAC COMMENTARY

Should Rhode Island Equity Council Meetings Be Secret?

Justin Silverman, executive director of the New England First Amendment Coalition, said, “Secret meetings among state officials do little to reassure the public. Only through a transparent process can Rhode Islanders fully trust that those communities hit hardest during the pandemic will get the help they need.” [...]

Maine Lawmakers Seek to Limit Crude Language on Vanity License Plates

The executive director of the New England First Amendment Coalition said the state must respect constitutionally protected speech if it chooses to offer vanity plates. “When the state starts limiting speech based on what it considers offensive, we should immediately put our First Amendment guard up,” Justin Silverman said. “Our constitution is wary of government deciding for the people what is and is not acceptable expression. Maine is not obligated to offer vanity license plates. But if it chooses to do so, it must respect constitutionally protected speech . . .” [...]

Lawmakers Nix Proposal to Limit Public Access to Statehouse in 2022

“Any proposal or any plan that’s being considered that shuts out the public entirely I think is a plan that should be abandoned and rethought,” said Justin Silverman, the executive director of the New England First Amendment Coalition, an organization that advocates for government transparency and media organizations. [...]

News Outlets, First Amendment Groups Bring Suit Over Access to Court Records

Justin Silverman, executive director of the New England First Amendment Coalition, said the issue is not just important for journalists, but the public at large as well. “This is a concern for everyone in Vermont to make sure they are aware of what is happening in their courts,” he said. “It really is a universal issue for all Vermonters.” He said that Massachusetts, which is not known for providing great access to public records, does provide judicial records filed in court on the same day as they are submitted. “We’ve seen this done in many other states,” Silverman added. [...]

MORE FOI & FIRST AMENDMENT NEWS Regional / National Journalist Phone Records Why Did the Trump DOJ Secretly Seize Phone Records From Post Journalists? | CJR The Trump Administration Spied on Journalists. The Biden Administration Defended It | CJR Trump Administration’s Justice Department Secretly Obtained Washington Post Reporters’ Phone Records | Washington Post Body Camera Footage Having Police Body Cameras Isn’t Enough. The Public Needs to See the Video | Bangor Daily News Nine States with Some of the Strictest Rules on Releasing Body Cam Videos | The Hill Why Bodycam Footage is Released Quickly Sometimes — and Sometimes Not At All | ABC News ___________________________________________ Trump Cites First Amendment in Defense | New York Daily News DOJ Partially Discloses Memo on Russia Report, Appeals Judge's Order to Release the Rest | NBC CT DOJ Uses Civil Rights-Era Law to Charge Protesters And Insurrectionists | NPR Biden's DOJ Withdrew Subpoena for Twitter Account Parodying Nunes | The Hill The First Amendment and Mask Mandates | The Volokh Conspiracy Pentagon Launches Program to Surveil Military Personnel’s Social Media | New York Post The Road Ahead for Net Neutrality and the First Amendment | JD Supra Analysis of Police Misconduct Record Laws in All 50 States | Associated Press 'The Worst I've Seen': Capitol Police Face Scrutiny for Lack of Transparency | NPR Wave of 'Anti-Protest' Bills Could Threaten First Amendment | NHPR Press Freedom Fight Never Stops | The Boston Globe Project Veritas Sues CNN for Defamation | First Amendment Watch Connecticut Hate Speech Teen Arrested Under Connecticut's Unconstitutional Hate Speech Law for Racist Social Media Post | Reason Another 'Racial Ridicule' Arrest in Connecticut, This One for an Online Insult | The Volokh Conspiracy Vaccines, Religious Exemptions Groups File Federal Lawsuit Challenging Connecticut’s Repeal of Religious Exemption for Mandatory School Vaccinations | Hartford Courant Parents Pledge to File Lawsuit Over Bill Ending Connecticut’s Religious Exemption for Required School Vaccines | Hartford Courant ___________________________________________ Alex Jones' Tactic in CT Defamation Case Centers on Sandy Hook Father Who Died in 2019 | The Middletown Press Fair Reporting: Appellate Court Sides With Newspapers After Attorney Alleges Defamation | Connecticut Law Tribune Bill Reducing Costs of Copying Government Documents Clears Committee | CT News Junkie After Unrecorded Derby Police Shooting, Connecticut Looking at Cost of Body Cameras | WSHU Maine Bill Would Ban Distribution of Remote Classes Recorded in Maine Schools | Press Herald Maine Lawmakers Hear Testimony on Proposed Act That Could Stop Social Media Censorship | WABI Maine Bill Asks Sites Backed By Political Groups to Reveal Funding | Associated Press North Yarmouth Parent Sues SAD 51 Seeking Access to Remote-Learning Records | Press Herald Massachusetts Remote Meetings, Outdoor Dining Could Last a Little Longer | Patriot Ledger Plymouth Officials to Amend Bylaws Following Pressure From ACLU Over Anti-Biden Sign Fines | Boston.com The Fight for a Better Public Records Law in Mass Continues | Dig Boston Mass. State Police Refuse to Share Details on Two Troopers No Longer Working | Boston Herald Mass. Looks to Tighten Hate Crime Statute | Daily Hampshire Gazette Mass. Pioneers Rules for Police Use of Facial Recognition Tech | NHPR Did Questioning His Daughter’s World History Course Make David Flynn Unfit to Coach Football? | The Boston Globe Select Board Mulls Ways to Improve Public Records Access | Daily Times Chronicle Amherst Councilors Oppose Proposed Open Meeting Law Change Requiring Public Access to Documents During and Prior to Scheduled Remote-Access Meetings | MassLive Massachusetts Badly Needs a Transparency Upgrade | The Berkshire Eagle The Globe Files Suit Against the Boston Police for Keeping Officer Misconduct Records Secret | The Boston Globe Slate of Transparency Reforms Heads to Framingham Council | Patch New Hampshire Police Records, 'Laurie List' Laurie List Legislation Passes Senate | InDepthNH Senate Passes Bill to Release ‘Laurie List’ of Police Officers Cited for Bad Conduct | New Hampshire Bulletin ___________________________________________ Sunday School Teacher Arrested After Refusing to Wear Mask at NH School Board Meeting | 10 Boston Troubling State Bills in Rhode Island, New Hampshire Take Aim at Teaching “Divisive Concepts” | First Amendment Watch Exeter Man, ACLU-NH Fight to Overturn State's Criminal Defamation Law | Seacoast Online Rhode Island Lawyer for South Kingstown Woman Accused of Hate Crime Says She's Protected By Free Speech | The Providence Journal With Heavy Volume of Records Requests, Scituate Sets Fees | The Valley Breeze Lawmaker Slams ‘Veil of Secrecy’ Around Slater Hospital Documents | WPRI Neronha: Westerly 'Recklessly' Violated Public Records Act | Patch Central Falls Zoning Board Dinged For Not Posting Minutes | Patch Vermont Criminal Records of Minors Scott Vetoes Juvenile Records Bill, Ties Record Set By Dean | VTDigger Scott Vetoes Bill Related to Releasing Names of Juvenile Offenders | Vermont Biz A Terrible & Dangerous Exemption | Caledonian Record Lawmakers Putting Clamps on Records Related to Juveniles, Including Drivers | VTDigger ___________________________________________ VTDigger Argues Vermont Would Be an Outlier Among States If Public Records Denial Stands | VTDigger

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