September 2023

NEFAI 2023

Meet NEFAC’s 13th Annual New England First Amendment Institute Journalism Fellows

The New England First Amendment Institute provides support and training for journalists in the region and gives them the tools they need to become more accomplished investigative reporters, well-versed in the freedom of information laws that govern today’s difficult reporting landscape.

The Institute — provided at no cost to those who attend — is Oct. 29-31 at Northeastern University in Boston and features many of the country’s elite reporters, editors and media attorneys. About 300 journalists have attended the Institute since it began in 2011. [...]

Keynote Speakers for NEFAI 2023 Announced

Keynote speakers this year are:

• Eric Meyer, publisher and editor of the Marion County Record, the weekly newspaper in Kansas that recently made national headlines when local sheriffs raided its newsroom.
• Sisi Wei, Editor-in-Chief of The Markup, a nonprofit, investigative newsroom that challenges technology to serve the public good.
• Brian Rosenthal, Pulitzer Prize-winning investigative reporter at The New York Times and the president of Investigative Reporters and Editors.

Learn more about NEFAC's New England First Amendment Institute.

MASSACHUSETTS

NEFAC Files Amicus Brief Urging Mass. High Court to Protect the Public from SLAPP Suits

The New England First Amendment Coalition recently filed an amicus brief with the Massachusetts Supreme Judicial Court, asking it to revisit its interpretation of the state’s anti-SLAPP law and protect the right of the people to petition the government.

“The court has a great opportunity to recalibrate its approach to the anti-SLAPP Law,” said Jeffrey J. Pyle, an attorney at Prince Lobel who drafted the brief on behalf of NEFAC. “The statute protects legitimate petitioning of the government, full stop. We are hopeful the court will render a decision that applies the law as written.” [...]

FIRST AMENDMENT AND THE FREE PRESS

NEFAC Leads First Amendment Classes for Diplomats and Local University Students

The New England First Amendment Coalition recently presented to a delegation of Indo-Pacific and Central Asian public officials, as well as to students at Emerson College in Boston and at the University of Rhode Island.

NEFAC's “First Amendment and the Free Press” program highlights our constitutional freedoms and the democratic role journalism plays in our country. Email justin@nefac.org to book a speaker for your upcoming program or class.

SPONSORED

The Belmont Voice (Mass.) Seeks Editor-In-Chief

OPEN COURTS

NEFAC, Media Orgs to U.S. Supreme Court: Live Audio Streaming of Oral Arguments Should Be Made Permanent Practice

The New England First Amendment Coalition recently joined a national effort to urge the U.S. Supreme Court to make permanent its practice of providing live audio of oral arguments before the court.

“This practice improves the quality of journalism about the Court and greatly enhances the public’s understanding of its operations,” wrote NEFAC and 62 media organizations in a Sept. 13 letter drafted by the Reporters Committee for Freedom of the Press. [...]

Data Visualization 102

This is the second lesson on data visualization using Flourish, a free tool helpful to those working with large datasets and driving home the visual elements of a story.

By viewing this lesson, you’ll learn how to:

(1) Navigate Flourish and its basic functions.

(2) Develop simple visualizations such as charts and maps.

(3) Create a searchable database using the software.

Miss a 30 Minute Skills lesson? Find them all here.

NEW HAMPSHIRE

NEFAC, ACLU Express Concerns Over Proposed Right to Know Ombudsman Rules

Thomas F. Kehr was appointed as the first New Hampshire Right to Know Ombudsman in January and recently released a set of rules that would govern how his office will operate.

Some of these rules, however, are inconsistent with the state’s Right to Know Law, NEFAC and the ACLU explained in a Sept. 6 letter to Kehr.

“We believe that the rules promulgated by the Right to Know Ombudsman should be consistent with and supportive of these constitutional and statutory presumptions in favor of disclosure,” the groups wrote. “Furthermore, we believe that the Ombudsman’s Office should exercise caution in setting out restrictive rules on access to documents.” [...]

Additional Coverage

• N.H. Press Assn. Raises Concerns with Right-to-Know Ombudsman Rules | Union Leader

FREEDOM OF INFORMATION

Online Access to State Court Documents; Register Now for New Round of FOI Lessons

The lessons build on the information provided in NEFAC’s introduction to state court classes which can be viewed here. The remote classes will be taught by local journalists who will provide step-by-step instruction on how to access judicial records online.

This latest round of classes will be provided by NEFAC with support from the Society of Professional Journalists New England, the Rhode Island Foundation and the New England Society of News Editors. [...]

October 2

MASSACHUSETTS

Todd Wallack

WBUR-Boston

October 13

VERMONT

Liam Elder-Connors

Vermont Public Radio

October 17

RHODE ISLAND

Tim White

WPRI-Providence

October 23

CONNECTICUT

Andrew Brown

CT Mirror

November 3

NEW HAMPSHIRE

Annmarie Timmins

New Hampshire Bulletin

November 6

MAINE

Sawyer Loftus

Bangor Daily News

Dangerous Intersection: RIDOT Hides Crash Data from Public

“There’s a clear public interest in disclosing this data and allowing a better understanding of accidents occurring across Rhode Island,” said Justin Silverman, executive director of the New England First Amendment Coalition (NEFAC). “It’s a public interest that many other states already recognize.”

“Even if the crash records can be withheld under APRA, that doesn’t mean they must be,” Silverman said. “RIDOT would serve the public well by heeding the AG’s advice and reconsidering its secrecy.” [...]

Keeping Public Records Secret is Costing Mass. State and Local Agencies

“It sends a message to the government agencies that they can’t continue playing games with the public’s right-to-know without any kind of consequence,” said Justin Silverman, executive director of the New England First Amendment Coalition. He said he hopes the payments will encourage more people to sue government officials who refuse to release records that are clearly public. [...]

MORE FOI & FIRST AMENDMENT NEWS

National / Regional

Biden Administration, Social Media

• Appeals Court Rules Government Likely Violated First Amendment in Vaccine Misinformation Campaign | The Hill
• Appeals Court Rules White House Overstepped 1st Amendment on Social Media | The New York Times
• Appeals Court Slaps Biden Administration for Contact with Social Media Companies | NPR
• Appeals Court Says Biden Admin Likely Violated First Amendment But Narrows Order Blocking Officials From Communicating with Social Media Companies | CNN
• 5th Circuit Finds Biden White House, CDC Likely Violated the First Amendment | The Washington Post

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• Supreme Court Tees Up Argument Dates on Major Gun, Trademark, and Social Media Disputes | Washington Examiner
• After Kansas: Putting Newsroom Raids in Context | U.S. Press Freedom Tracker

Connecticut

Law Enforcement Transparency

• Court Defers on Troopers’ Names Release; FOI Commission to Decide | CT News Junkie
• CT Court Hears Arguments Over Release of Names of Troopers Implicated in Ticket Scandal | Connecticut Public
• Judge Weighs Whether to Release Names of Connecticut Troopers Involved in Ticket Scandal | CT News Junkie

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• Bridgeport Police Restrict Access to Mayor Joe Ganim’s Office Amid Public Protest for Transparency and Accountability | Fox 61
• Enfield School Board Meetings No Longer Begin with Prayer Following Complaint | CT Insider
• Lawsuit Over Pandemic Closure of Orange Church Settled for $95K | New Haven Register
• Attorney Conduct Rule Doesn't Chill Free Speech, Connecticut Tells US Court | Reuters

Maine

• Maine Public Meetings Struggle to Curb Hate on Zoom | Portland Press Herald
• Maine Media Organizations Oppose Foreign Electioneering Ban, Citing Enforcement Concerns | Maine Public
• Maine Monitor Wins Public Records Dispute with York County | The Maine Monitor
• Proposal Against a Neo-Nazi Training Camp Sparks Free Speech Debate in Maine | Maine Public
• Professor's Claim That She Was Fired for Objecting to Superiors About Mask Mandate Can Go Forward | The Volokh Conspiracy

Massachusetts

• Why Natick Had to Pay WBUR $22,000 | WBUR
• After Heated Worcester City Council Debate, Crisis Pregnancy Center Ordinances Survive Another Week | MassLive
• Billerica Select Board Approves Request to Fly ‘Pro-Life’ Flag | The Lowell Sun
• When Neo-Nazis Rally Outside Mass. Hotels Housing Migrants, What Can Police Do? | MassLive
• 'Definition of the Smoke-Filled Room': Brockton School Committee Broke Law, Expert Says | The Enterprise
• Report: Cambridge Police Fatality Leaves the Public ‘Wondering Why’ | The Boston Globe

New Hampshire

• Portsmouth Council Bans Music From Public Comment Time at Meetings. Here's Why | Portsmouth Herald
• Court Delivers Another Win for Public Records Requests | New Hampshire Bulletin

Rhode Island

Warwick, Public Commentary

• Consent Order Issued in 1st Amendment Fight with Warwick City Council | WPRI
• Court Enters Consent Order Reversing Censorship of Warwick Public Comment Speaker | ACLU Rhode Island
• Council Takes Undisclosed Vote on Cote Free Speech Suit | Warwick Post
• Suit Tests Free Speech; Complaint Says Council Violated Cote’s Constitutional Rights | Warwick Beacon

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• Westerly School Committee Scraps Public Comments Policy | The Westerly Sun
• Rhode Island School Districts Must Commit They Will Not Deny Prayer in Public Schools | WJAR

Vermont

• South Burlington School Board Invokes Secrecy Inappropriately | The Other Paper
• Vermont Supreme Court Backs the Caledonian-Record | Caledonian-Record
• As Homelessness Rises, One Town May Ban Sleeping, Standing or Sitting on Public Land | VT Digger
• Shelburne Prevails Again in Public Records Suit Filed By Ex-Employee | Shelburne News