The New England First Amendment Coalition recently defended the rights of Vermonters to record open government meetings. The right to record, NEFAC explained to officials in Milton, is “solidly established” in law and practice.
The Milton Library Board of Trustees had planned to discuss a possible policy that would prohibit attendees of its meetings from recording. NEFAC and the Vermont Press Association sent a letter to Board Chair Alan Fletcher on Nov. 14 and explained that “recording is not just legally protected but it’s encouraged under the law.”
During the Board’s meeting that night, Fletcher acknowledged the letter and said the Board would not take any action to restrict the right to record. He also said that after consulting with the state’s Department of Libraries — which discouraged a policy limiting transparency — he considered the issue closed.
Among the several authorities presented by NEFAC and VPA are the numerous federal and district circuit courts that recognize a First Amendment right to film government officials in public spaces. The Vermont Secretary of State’s Office also declared in 2019 that the Open Meetings Law permits members of the public to record meetings. For these reasons, NEFAC and VPA wrote, “such recordings are common practice for meetings of public bodies throughout the state.”
The groups intervened last year when the City of Barre Diversity and Equity Committee prohibited recording of its meetings.
“[M]uch like a person doesn’t have to provide a reason for asking for a public record in Vermont, a person engaged in protected First Amendment activity such as recording a public meeting need not give a reason for exercising their rights,” they wrote to Barre officials. “Public officials cannot forbid the exercise of those rights simply because they do not align with their viewpoints or because they may invite further public scrutiny.”
NEFAC is the region’s leading defender of First Amendment freedoms and government transparency — the foundation of a healthy democracy. You can read all the coalition’s briefs and advocacy letters here. Want to learn more about the Vermont Open Meetings Law? Start 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, Connecticut Public, WCVB-Boston and WBUR-Boston.