Update: Judge Cannone responded on Jan. 31 that Voss will not be required to disclose her notes. In her order, Cannone wrote that: “Voss has articulated a compelling argument that requiring disclosure of the notes poses a greater risk to the free flow of information than the other materials produced. Conversely, the Commonwealth has not demonstrated to the Court that its need for the handwritten notes, separate from the audio recordings, outweighs the danger posed to the public interest in the free flow of information.”

The New England First Amendment Coalition recently argued that both federal and state constitutional law prevent a Massachusetts court from forcing a reporter to disclose her notes from an interview with Karen Read, the defendant in a high-profile murder trial that has attracted national attention.
Prosecutors in the case are seeking notes that Gretchen Voss, a reporter for Boston Magazine, took during an interview with Read. The contents of these notes have not been published and likely contain Voss’s internal impressions, reactions and thoughts as the interview unfolded.
NEFAC, the Massachusetts Newspapers Publishers Association, the New England Newspaper & Press Association and the Reporters Committee for Freedom of the Press filed an amicus memorandum on Jan. 30 explaining that:
“Under these circumstances, the government’s intrusion into entirely confidential communications between a reporter and source, including the thought processes and work product of a journalist, unjustifiably intrudes on First Amendment interests and, as precedent, would unnecessarily chill the newsgathering process.”
Many states have reporter shield laws that explicitly protect journalists from forced disclosure of their notes and sources. While Massachusetts does not have such statutory protections, its state constitution along with the First Amendment often prevents confidential information from being disclosed.
As NEFAC and its fellow amici wrote in their memorandum:
“Journalists are expected (and duty bound) to interview persons involved in maters of public concern and interest. Their sources often include criminal defendants, current and former prosecutors, immigrants, and medical providers. Publishing a newsworthy article based on any such interview should not authorize government officials to forage into all other unpublished and confidential communications with those news sources, as well as the mental impressions, thoughts, and reactions of journalists, particularly when the government’s request rests on speculative assertions that there may be inculpatory (or exculpatory) information in documents it has not seen or read about.”
NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. All coalition briefs, advocacy letters and statements can be found here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.