NEFAC Report | July 2021

New England First Amendment Coalition

July 2021

NEFAC and the Society of Professional Journalists New England are presenting lessons on the federal Freedom of Information Act and state public record laws. All classes — taught by leading open government experts and attorneys — are now available to view.

Connecticut | Maine | Massachusetts New Hampshire | Rhode Island

Vermont | Federal FOIA

MAINE

NEFAC, Media Groups Argue for Stronger Protections Against SLAPPs in Maine

The New England First Amendment Coalition recently called for stronger protections against strategic lawsuits against public participation (“SLAPPs”) in Maine, emphasizing the need to safeguard the right of citizens to speak about matters of public concern.

SLAPPs are “meritless legal claims that chill the exercise of First Amendment rights,” wrote NEFAC and other media organizations in a June 22 amicus brief. [...]

What is a SLAPP? How Maine is Addressing Strategic Lawsuits Against Public Participation

Shannon Jankowski at the Reporters Committee for Freedom of the Press explains how strategic lawsuits against public participation (SLAPPs) are used to stifle public discourse.

Discussion Notes and Links

EDUCATION

Web Scraping 101

This is the first of two introductory lessons taught by NEFAC’s Maggie Mulvihill, an investigative journalist and professor at Boston University, about collecting online data through web scraping. By viewing this class, you will learn:

• How web scraping can be helpful to data collection.

• Where to find free tools to use for web scraping.

• How to begin scraping various websites for information and data.

All Previous Classes

OPEN MEETING LAW

New England States Consider Variety of Approaches to Post-Pandemic Meetings

As New England states continue to remove the COVID-19 restrictions in place since early 2020, legislators are now wrestling with a byproduct of the pandemic that many argue should remain: remote access to public meetings.

With government proceedings online and the opportunity for the public to participate remotely, citizen engagement, at least anecdotally, dramatically increased during the last 17 months. The pandemic led to a new way for citizens to access government, but one that is at risk in states without a plan to allow remote meetings in the future. [...]

Additional Coverage

JOURNALISM

Analysis: What Does New Justice Department Policy Mean for Journalists?

U.S. Attorney General Merrick Garland recently formalized a new policy that broadly prohibits prosecutors from subpoenaing journalist records, a practice the Justice Department used to obtain records from major media outlets like The New York Times and CNN during the Trump administration.

NEFAC Executive Director Justin Silverman spoke to WCAX-Burlington about the policy and the need for a federal shield law.

Additional Coverage

Garland Bars Prosecutors from Seizing Reporters' Records | Associated Press

FIRST CIRCUIT

NEFAC, News Organizations Explain Puerto Rico’s Public Records Law in First Circuit Case

In a case before the U.S. Court of Appeals for the First Circuit, the New England First Amendment Coalition recently argued for more transparency within a government body helping Puerto Rico restructure its debt and return to financial health.

NEFAC and other media organizations filed an amicus brief explaining that the Financial Oversight and Management Board for Puerto Rico is subject to the territory’s public records law.

Puerto Rico is included in the First Circuit along with Maine, Massachusetts, New Hampshire and Rhode Island. [...]

RHODE ISLAND

NEFAC Reminds Officials at Open Government Summit to Maintain Transparency

Tim White, a reporter for WPRI-Providence and a long-time member of NEFAC's Board of Directors, provided the opening remarks to the 23rd annual Open Government Summit in Rhode Island.

"Please remember," White said, "the important role you play in our free and open government."

Coalition Meets with Attorney General to Discuss Concerns Over Public Records, Police Reports

A contingent of New England First Amendment Coalition representatives met with Rhode Island Attorney General Peter Neronha earlier this month to discuss open government issues in the state.

Those issues included public access to detailed police report narratives, law enforcement misconduct records and the audio of 911 calls.

The coalition will have regular follow-up meetings with the Attorney General's Office to represent the public's interest in freedom of information and transparency.

MASSACHUSETTS

Delay, Delay, Delay

Reporter Colman Herman writes:

As I documented in CommonWealth magazine, the Massachusetts public records law that went into effect in 2017 is no better than the old one. Here’s a story about one of my recent public records requests that turned into a fiasco. [...]

Have a public records story you would like to share? Email justin@nefac.org with your experience trying to obtain information through a state public records law.

MORE NEFAC COMMENTARY

Months Later, Beacon Hill Has No Agreement on Contested Transparency Rules

The delay “is not a good sign, but it comes as no surprise,” said Justin Silverman, executive director of the New England First Amendment Coalition. “Creating more transparency within the Legislature continues to be an uphill battle,” Silverman said. “The public is in the unfortunate position of convincing its legislators to open themselves up to more scrutiny and oversight, and for obvious reasons, that can be a difficult sell.” [...]

Lawmakers Promise ‘Transparency’ in Spending Relief Funds

Justin Silverman, executive director of the New England First Amendment Coalition, said the Legislature is “notoriously secretive” and should be more open as it decides how to spend the federal relief money. “The need for transparency becomes even more apparent when we’re dealing with huge sums of taxpayer money like this,” he said. “We need more public oversight of the process.” [...]

States, Legislators Grapple With Virtual Meetings

Justin Silverman, executive director of the New England First Amendment Coalition, said, “We need a permanent system requiring in-person meetings while also allowing online access for citizens who cannot be in the room. It’s a matter of access and public oversight.” [...]

MORE FOI & FIRST AMENDMENT NEWS

Regional / National

NYT v. Sullivan, Libel Law

Forced Disclosure, First Amendment

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Connecticut

Connecticut’s New Anti-Bias Rule Addresses Free Speech Concerns | Bloomberg Law

Maine

Judicial Records Access

Religious Freedom, State Funding

Vanity Plates, Offensive Speech

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Lawsuit Challenges Maine's Secret Court Decisions in Medical Malpractice Cases | Bangor Daily News

Massachusetts

State Legislature, Transparency

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New Hampshire

Families Ready to Use Tax Dollars at Religious Schools | Concord Monitor

Rhode Island

Police Body Cameras

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Vermont

2021 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