Press Coverage 2023

Court Hearings to Be Open as Feds Seek Charges Against Clients in Mass. Brothel Bust Case
NBC Boston 12.21.23

Greg Sullivan, the president of the New England’s First Amendment Coalition, said the rule was originally put in place to protect those who are falsely accused. He is also calling for more transparency. “I would love to see these secret hearings abolished by the legislature,” Sullivan said. Sullivan pointed to exception in which public interest outweighs someone’s right to privacy. “A high-ranking government official, a principal at the local elementary school, we can think of examples where the public absolutely has a right to know what’s going on,” he said.

Judge’s Decision to Release Restraint and Seclusion Forms Could Open Up More Educational Records
Seven Days 12.20.23

Justin Silverman, executive director of the New England First Amendment Coalition, which advocates for government transparency, disagreed. He said the judge’s ruling “does a good job of balancing the public’s interest and transparency with protecting the privacy rights of these students.” He questioned whether it was necessary to redact information about students’ special education, academic or behavioral plans, as the judge specified; his rationale echoes Hier’s. “I think it’s very important for the public to know not only when and how these restraint and seclusion policies are being implemented but if they’re being implemented perhaps disproportionately against those students,” Silverman said. Asked if the ruling could have broader implications for other types of school-related records, Silverman said there’s little state case law addressing that question. “But what this decision does is make very clear that in the case of student records, you can’t have a school claim that certain documents are wholly exempt from the public records law just because they fall into one particular category of exemptions,” Silverman said.

The Police Officer Who Searched for a Book in a Great Barrington Classroom Also Used a Body Camera
The Berkshire Eagle 12.20.23

The obscenity test is “very specific,” and not something the average person or police officer necessarily would know, said Justin Silverman, executive director of the New England First Amendment Coalition. “It’s not a very easy test,” Silverman said. “And just because you have a community member pointing to something and saying, ‘That’s obscene,’ well, that doesn’t mean that it is obscene under the First Amendment.” Silverman is stunned by the police involvement and thinks it wise to set a precedent for the future given the uptick in school book challenges. “While it might be rare now, it doesn’t mean that it will be rare in the future,” Silverman said of police involvement in school literature. “I think the school and the police department have to come forth with a policy to make sure that this doesn’t happen again.”

Maine Courts Shut Off Online Records Access Over Security Concerns
Harpswell Anchor 12.13.23

Justin Silverman is executive director of the New England First Amendment Coalition, a Massachusetts-based nonprofit whose website says it “defends, promotes and expands public access to government and the work it does.” Silverman said regardless of whether the Maine Judicial Branch had a legitimate reason to restrict online access to court documents, it should act quickly to resolve the security issue because the public has a right to access such information quickly and conveniently. He added that Tyler should share in that responsibility, since it developed the software. “Several months is a very long time to be without this access,” Silverman said. “I have a lot of questions as far as the interaction between the state and Tyler regarding this issue, and whether or not several months (are) really necessary as far as waiting for this problem to get resolved.”

SJC Weighs Officer Privacy Against Public Records Rights
CommonWealth Beacon 12.06.23

A collection of civil rights groups – Lawyers for Civil Rights, Citizens for Juvenile Justice, National Lawyers Guild, New England First Amendment Coalition, and Strategies for Youth – submitted a brief in support of disclosing the Harden records. “Should the Court accept the District Attorney’s interpretation, it would rewrite the statute and sanction shielding records the Policing Reform Law was designed to bring into public view,” the group wrote. “Such an interpretation would have dangerous repercussions in the Commonwealth, particularly for its minority citizens who (like Mr. Harden) are disproportionately victims of unjustified use of force by police.”

Giving Changes Everything
Rhode Island Foundation (Fall 2023)

Fake news allegations are rampant, politicians and candidates hire lawyers to kill damaging stories before they are published, and newsrooms often lack the bandwidth or money to give their reporters professional development beyond on-the-job, sink-or-swim training. Access to trustworthy and reliable sources of local news is essential to a functioning democracy. The New England First Amendment Coalition (NEFAC) helps reporters know their rights while accomplishing its mission to advance understanding of the First Amendment, freedom of speech, and others. While it helps reporters from Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont, the Rhode Island Foundation’s Civic Leadership Fund dollars specifically assist reporters in our Ocean State.

NH Supreme Court Rules Misconduct Files of Fired Trooper Cannot Be Kept Secret
Union Leader 11.29.23

First Amendment expert and lawyer Gregory V. Sullivan, who represents the Union Leader and is president of the New England First Amendment Coalition, said the Supreme Court’s decision removes an “attempted roadblock that was set up by the state police” to deny the public “its right to know what the government is up to.”

“This decision reflects the emphasis that the New Hampshire courts have placed in recent years on the importance of transparency regarding governmental misconduct,” Sullivan said. “As Superior Court Justice Andrew Schulman wrote, in the case of Union Leader Corporation v. the Town of Salem, ‘the audit report proves that bad things happen in the dark when the ultimate watchdogs of accountability — i.e. the voters and taxpayers — are viewed as alien rather than integral to the process of policing the police.’”

Agency to Fork Up Nearly $200,000 for Shielding Public Records Related to Kennebec County Jail
Kennebec Journal 11.10.23

“This is an interesting case and a needed one,” Justin Silverman, executive director of the New England First Amendment Coalition, said recently. While Maine’s freedom of information law allows those who prevail in public records lawsuits to recoup their legal fees if an agency is found to have exhibited bad faith in shielding them, Silverman said, no court had made a bad faith finding in a public records case since the origin of the Freedom of Access Act. That act became law in 1959. As a result, members of the public, news organizations and others who have faced barriers in obtaining public records have been deterred from suing for them because of how much it costs to litigate and the lack of precedent — until now — for recovering any money if they won, he said. “It can be very burdensome for the public and for many newsrooms, quite frankly, to take these cases to court to force these government agencies to comply with the law and provide transparency and let us know what’s happening within government,” Silverman said. “This isn’t a matter of those in government providing information only when they feel that it’s convenient to do so. There is a state law that requires these public records to be disclosed.” . . . “The information requested isn’t unique to newsgathering and the role of journalists,” Silverman said. “It’s relevant to us all because the government is there representing us and presumably working on our behalf.  We just don’t know if that’s actually occurring unless we have the information needed to see what government’s doing and to hold those in government accountable.”

Down Time
Cranston Public Library 11.7.23

NEFAC’s Justin Silverman Ed Fitzpatrick join the library’s weekly podcast. Fitzpatrick shares his experience working as a journalist and how journalism has changed since he began. Silverman speaks to the importance of protecting the First Amendment and the free press for our democracy. They also discuss Katherine Switzer and the Boston marathon, mockumentaries, Queer Eye.

Waltham Legal Opinion Chills Political Debate
The Boston Globe 11.3.23

Justin Silverman, executive director of the New England First Amendment Coalition, said Cervone’s opinion appears to be based on a misunderstanding of the open meeting law by applying it to situations without a quorum. “If there isn’t a quorum present at public events, then it’s not a violation under the open meeting law,” Silverman said.

Fall River is Appealing Its Public Records Lawsuit Loss. It Faces Thousands in Legal Bills
The Herald News 11.2.23

Attorney Justin Silverman, executive director of the New England First Amendment Coalition, said the lawsuit and its outcome is “certainly a public records win, and sends a very strong message that you can’t just withhold records because there was some private agreement with the confidentiality clause.” “It no way supersedes our right to know,” said Silverman. “There are a lot of big parts to this ruling and affirms the public right to know. It sends a strong message to Fall River that they can’t just withhold records because they want to. They must abide by the public records law.” Silverman noted that states all have their own unique public records laws, and some protect the public’s right to know better than others. “I can say that across the board there continues to be a difficulty for the general public, as well as newsrooms, bringing lawsuits for many reasons, and not the least of which there is often a lack of financial resources to bring these cases to court and to ensure the law is followed and to make sure the information is disclosed,” said Silverman. However, Silverman said, here in Massachusetts, there does seem to be gradual progress with more newsrooms inclined to bring public record lawsuits, in part because a recent change in the law allows a plaintiff in public records cases to recoup their attorney’s costs. “But the big picture here is it is very difficult to bring these cases, but in Massachusetts we are seeing more of them,” said Silverman.

State News Organizations Request More Transparency From DOE on Rules Overhaul
New Hampshire Bulletin 10.19.23

On Tuesday, representatives of the New Hampshire Press Association, the Granite State News Collaborative, and the New England First Amendment Coalition sent a letter to the department asking it to release any documentation related to the task force meetings under RSA 91-A, the state’s “right-to-know law.” “We have been unable to find any public record documenting the meetings of the education reform committee chaired by Bramante since its contract was approved by the Executive Council in November 2020,” the letter states, referring to Fred Bramante, the president of the National Center for Competency-Based Learning and the former chairman of the State Board of Education. “We are also unable to locate any meeting minutes, records of votes or attendance listings, as prescribed by RSA 91-A.”

Behind Closed Doors: The Ongoing Struggle for Public Records Access in Rhode Island
Rhode Island Monthly 10.17.23

No state has a perfect access to records law, says Justin Silverman, NEFAC’s executive director, but Rhode Island might aspire to Florida. “Florida has had one of the strongest laws in that there’s a presumption that the public is entitled to government information and there’s a strong burden on the government to prove otherwise, and that’s very much the opposite of what you get in most other states,” Silverman says. “More typical are laws that include many exemptions and carve-outs for information the public will not have access to.” 

Free Speech or Uncivil Discourse? Maine Association Advises Tamping Down on Public Comments at School Board Meetings
Kennebec Journal and Sun Journal 10.8.23

When a government body opens up a forum to the public, they’re allowed to place some restrictions on speech. Those restrictions typically come in the form of time limits, preventing a speaker from exceeding the allotted time to the point where it begins to disrupt the meeting and that government body’s ability to conduct its business, according to Justin Silverman, executive director of the New England First Amendment Coalition. Any restrictions on public speech should be “reasonable and viewpoint neutral,” he said. “So there are restrictions that can be placed, that are First Amendment-friendly, that allow this government body to conduct its business, but still provide an opportunity for citizens to speak,” said Silverman, who is also an adjunct professor at the University of Maine School of Law. . . . Where First Amendment conflicts begin to emerge is “when these restrictions go beyond what’s reasonable and start limiting people’s right to speak based on the fact that the government body might find that speech disagreeable in some way or offensive or objectionable,” he said. Having a government body define etiquette or language that it believes is polite and respectful or nonvulgar, is problematic, according to Silverman. . . . “It really matters what the definition of these words are. Where it’s vague or unclear, that, in itself, is a First Amendment concern because it could chill the speech of those who want to stay clear of whatever kinds of restrictions were put in place, despite not knowing where those lines are,” he said. Board members shouldn’t act as umpires of what is and is not “offensive” language, Silverman said. “Under the First Amendment, that’s not a role government should play,” he said. . . . Public boards across New England have been considering so-called “civility ordinances” as a way to maintain order, said Brett G. Johnson, who studied the trend as a legal fellow at the New England First Amendment Coalition this summer. In March, in the Massachusetts case, the court “held that towns were free to regulate public comment sessions in ways that were neutral toward the viewpoints of members of the public,” Johnson wrote in a recent newsletter. “They can establish rules limiting the subject matter of public comment to items on the council’s agenda, limiting the time for public comment and only recognizing one speaker at a time. Towns can also prohibit speech that falls outside of constitutional protection, such as making true threats or inciting imminent violence.” “Although civility can and should be encouraged in political discourse, it cannot be required,” the justices ruled. “In this country, we have never concluded that there is a compelling need to mandate that political discourse with those with whom we strongly disagree be courteous and respectful.”

Dangerous Intersection: RIDOT Hides Crash Data from Public
ecoRI 9.25.23

“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
WBUR 9.21.23

“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.

VT Open Government Advocates Recommend Changes to Court Records System
Vermont Daily Chronicle 9.1.23

The New England First Amendment Coalition sent the Vermont Judiciary today a list of recommendations on how to improve access to state court records. Vermont currently uses Odyssey software to provide online access but various policy and design decisions by judiciary officials have made the platform challenging to use. “Our conversations with journalists and transparency advocates in Vermont have highlighted continued issues with the poorly designed system,” wrote NEFAC and other open government advocates in an Aug. 23 letter.

Free Consultancy Work of Failed UMA President Raises Questions About University Payout Deal
Kennebec Journal 8.30.23

Justin Silverman, executive director of the New England First Amendment Coalition, said Laliberte’s job updates should be public. “They directly relate to a settlement agreement that has already been disclosed and they would allow us to make sure that agreement is being followed,” Silverman said. The settlement also states Laliberte is not a current or former employee, he said. “It’s not clear how a non-employee could be considered personnel under (Maine’s Freedom of Access Act), but even if that exemption applies the state is still obligated to at least provide the reports in redacted form,” he said. “An outright denial of these reports is an unreasonable if not incorrect interpretation of the public records law.” The dates Laliberte applied for a job or submitted an update are examples of information that could be released, according to Silverman.

In a Small Rhode Island Town, a Big Issue About the First Amendment
The Boston Globe 8.30.23

Justin Silverman, the executive director of the New England First Amendment Coalition, said he sees “red flags” in the Johnston case. However, he said, it can be difficult to prove a violation of the First Amendment. “The First Amendment only comes into play when it’s a retaliatory measure, and not for other reasons that may make sense, such as moving ads to another publication for a broader audience or better rates. That’s where it gets tricky,” Silverman said. “It’s difficult to prove without someone making an explicit threat.”

New Massachusetts Law Shields Rejected Vanity Plate Records
Axios 8.21.23

“Laws are occasionally passed with the best of intentions that, unfortunately when they play out, increase secrecy in the state,” Justin Silverman, executive director of the New England First Amendment Coalition, told Axios. “This is non-controversial information. No one was complaining that requests for vanity plates were being made public.”

State and Local Leaders Respond to Neo-Nazi Rally in Augusta on Saturday (video)
WMTW 8.14.23

“When speech is protected by the First Amendment, it’s not because under the First Amendment we’re somehow endorsing that speech or we’re saying there is merit to that speech,” NEFAC Executive Director Justin Silverman explained. “What we’re saying is that this is the type of speech that government should not be censoring or silencing in any way because it really sets a bad precedent moving forward where you have people in power who are making decisions for all of us as to what they think hate speech might be and what type of speech may be censored in the future.”

A Muzzle Award Goes to an R.I. City Councilor Who Threw a Critic Out of the Chambers
Media Nation 8.7.23

After telling Travis that the ACLU would hear about her attempts to squelch him, Travis was led out of the building. And sure enough, the ACLU of Rhode Island has gotten involved, writing a letter in conjunction with the New England First Amendment Coalition in which they “call upon the Council to reassure the public that this type of response will not be repeated and that residents will be free to speak at future meetings on matters involving city government without fear of being silenced.”

First Amendment Fight Brewing After Warwick Man is Escorted Out of City Council Meeting
WPRI 8.3.23

NEFAC Executive Director Justin Silverman told Target 12 that Travis and the City Council should apologize. “Reassure the public moving forward that their rights to free speech and their ability to comment about matters of public interest and related to the City Council itself will be respected and protected,” Silverman said.

Judge Sides with Newspaper in Suit About Police Records
Stowe Today 8.3.23

Tafari Campbell’s Drowning Death is Deemed an Accident But Massachusetts Police are Still Withholding Basic Information About Barack Obama’s Personal Chef Under the Guise of an ‘Ongoing Investigation’
The Daily Mail 8.3.23

‘The burden is on law enforcement to show how their investigation may be jeopardized by releasing certain information,’ said Justin Silverman, executive director of the New England First Amendment Coalition. ‘And they’re not doing that right now. This really flies in the face of Public Records Law.’

NH Newspapers to Train ‘Civic Documenters’ to Cover Local Government Meetings
NHPR 8.2.23

Participants in the pilot project in New Hampshire will receive five weeks of training on the functions of local government, as well as open meeting and public record laws. Documenters will cover no more than two meetings per month, and will receive a $50 per meeting stipend. The project is a collaboration between the Granite State News Collaborative, the Nackey S. Loeb School of Communications and the New England First Amendment Coalition.

Finally, Some Good News From Beacon Hill
The Sun Chronicle 7.29.23

Eight groups — the Massachusetts Newspaper Publishers Association, the Disability Law Center, the ACLU of Massachusetts, Boston Center for Independent Living, Common Cause Massachusetts, MassPIRG, the New England First Amendment Coalition and the New England Newspaper and Press Association — have joined together to support the effort to make hybrid participation permanent. The groups argue that remote meetings preserved public bodies’ ability to operate, but also “opened the door to civic engagement for members of the public and many people who had previously been shut out,” including seniors with mobility issues, people with disabilities, parents with young children, people with elder care and adult care responsibilities, people who can’t drive or afford taxis or rideshares, people with chronic medical conditions, and people who just want to know more about their government. “Remote access is the latest instance of universal design — alongside curb cuts, elevators, closed captioning, audiobooks, and other features — that began as accommodations and expanded to universal popularity,” the groups wrote. “Like these innovations and others emerging during the pandemic, remote access to public meetings should become a permanent feature.”

Massachusetts Lawmakers May Require Hybrid Meetings for Most Public Boards
Worcester Telegram & Gazette 7.27.23

“This is a very important piece of legislation,” said Justin Silverman, executive director of the New England First Amendment Coalition. Two of the eight bills filed addressing the issue of modernizing access to public meetings also address the need to allow for public participation in meetings. “Public participation in meetings is key,” Silverman said.  .  .  .  The bill is backed by the ACLU of Massachusetts, Boston Center for Independent Living, Common Cause Massachusetts, Disability Law Center, League of Women Voters of Massachusetts, Massachusetts Newspaper Publishers Association, MASSPIRG, New England First Amendment Coalition and New England Newspaper & Press Association. Silverman said the First Amendment organization saw the handwriting on the wall pre-pandemic. “We knew it was in the future, saw the technology was there.” The pandemic just propelled government bodies into the future. “In the past, people had to attend governmental meetings in person,” Silverman said, noting that it was not an equitable arrangement.

Healey is Breaking Her Promise of Transparency
The Salem News 7.14.23

“Gov. Healey has the opportunity to bring transparency to her office like she promised she would,” Justin Silverman, executive director of the New England First Amendment Coalition, told WBUR earlier this year. “But it’s becoming more clear with every records denial, that she doesn’t have any intention of doing so.”

In the Open
Rutland Herald 6.30.23

The article got the attention of the New England First Amendment Coalition and the Vermont Press Association. They fired off a letter to the committee members (and the mayor and city manager) “to express our shared concern” over the push for committee members to stop recording the meetings. (There was no objection to CVTV, the local public access station, recording and rebroadcasting the same committee meeting.) “(We) urge the members of the committee to immediately discontinue this practice of prohibiting the members of the public from engaging in their right to record public meetings,” states the letter, which was also emailed to The Times Argus, as it was the newspaper’s coverage that first caught their attention.

Lawmakers Should Both Do as They Say and as They Do
Worcester Telegram & Gazette 6.30.23

Justin Silverman, executive director of the New England First Amendment Coalition, said this to the Globe: “When she responds to a public records request and she is citing exemptions that don’t exist under the law, then it really calls into question that commitment to transparency that she is so publicly making.”

Impunity Service
Boston Institute for Nonprofit Journalism 6.28.23

Gregory V. Sullivan, the president of the New England First Amendment Coalition and an attorney based in New Hampshire, said that state’s supreme court overturned a law keeping police disciplinary actions private in 2020. As a result, watchdogs have much greater access. “We’ve made tremendous advances regarding accountability,” Sullivan said. “The Supreme Court told the Superior Court to balance privacy rights asserted by the individual against the public’s right to know, and ruled that officers’ privacy rights with respect to on and even off duty conduct are minimal.” He added that people still need to request disciplinary records: “Cities and towns aren’t restricted in providing information, but generally do not volunteer that information.” . . . It’s important to make that information readily available so the public can be informed, Sullivan said. He recalled a recent case where a police officer ran for city council after being fired following an audit by a private firm paid for by taxpayer money. Watchdogs had to file a lawsuit to get the misconduct files unearthed by the audit, and they were successful—but only after the election, which the former officer won by three votes.

Healey Created a Nonprofit to Bankroll Her Transition Into Office. But the Donors are Secret and So is How Much They Gave Her
The Boston Globe 6.22.23

The use of the nonprofit quickly raised concerns among attorneys and good-government groups. Gregory V. Sullivan, an attorney and president of the New England First Amendment Coalition, said because the group appears to be “participating in governmental activities” — helping fund the retreat for Healey and her top aides — Healey should be transparent about its donors. “If indeed this organization contributed to state officials going to an event, the public should know who is providing this funding,” Sullivan said. “The public should know where the money comes from and where the money goes — pure and simple.”

Denials, Contradictions in City’s Response to The Light’s Public Records Requests
The New Bedford Light 6.21.23

“I think their response is inadequate because it doesn’t address the primary issue, which was that the public records request wasn’t complied with,” said Justin Silverman, attorney and executive director of the New England First Amendment Coalition. “I don’t know how anyone could read your request and interpret it in any other way than how you intended,” he said, after reviewing the request and the city’s responses. “You were very clear that you were looking for all reports, and in addition to those reports, any records within internal affairs.”

Vexatious Requestor: Testing the Limits of Connecticut’s FOI Laws
Connecticut Inside Investigator 6.11.23

Dan Barrett, who sits on the board of the New England First Amendment Coalition, is skeptical that vexatious requesters are the problem with open records compliance. Barrett instead pointed to weaknesses in Connecticut’s FOIA law. “The statute is unenforceable.” said Barrett. Barrett also added that because there is no enforcement mechanism penalizing agencies who don’t abide by FOIA, agencies tend not to abide by FOIA. Connecticut’s FOIA law requires agencies to alert requesters of a denial of a request to inspect records within four business days of receiving a request. In some cases relating to more complicated requests, agencies can extend this up to ten days. The law does not provide any sort of timeline by which agencies must turn over records to requesters. A requester can appeal a denial to the FOIC, but only has thirty days from the date they receive the denial to do so. Barrett pointed to the city of Bridgeport, which has been brought before the FOIC multiple times for FOIA noncompliance to highlight the commission’s lack of ability to enforce its findings. “The FOIC ends every decision against the city with an order to henceforth comply with the law.” Barrett said, noting they’ve done so multiple times with apparently no affect.

In Accepting First Amendment Award, Former Globe Editor Urges Journalists to Be Bold
The Boston Globe 6.2.23

Former Boston Globe editor Brian McGrory received the Stephen Hamblett First Amendment Award from the New England First Amendment Coalition in Boston Thursday night, urging journalists to “be bold.” . . . Coalition officials said that as the Globe’s editor, McGrory supported often lengthy and costly public records appeals and lawsuits to support his staff’s reporting. He helped oppose subpoenas of his reporters in civil and criminal actions in state and federal courts. And he distinguished himself from other editors by publicizing public record battles and the need for transparency.

NEFAC’s Ed Fitzpatrick Joins A Lively Experiment (video)
PBS 6.2.23

Fitzpatrick, a reporter at The Boston Globe, joins The Providence Journal’s Amy Russo and The Anchor at RIC’s Raymond Baccari on A Lively Experiment to discuss challenges with accessing public records (begins at 20:22).

InDepthNH’s Nancy West Joins WKXL’s Cail & Company (audio)
Patch 5.31.23

Nancy West, Executive Editor at InDepthNH.org, had a conversation with WKXL’s Ken Cail on his Cail & Company program. West is receiving the Michael Donoghue Freedom of Information Award from the New England First Amendment Coalition. Nancy will be presented with the award at an invitation-only event on June 1st.

NEFAC Executive Director Joins WPRI’s Newsmakers (video)
WPRI 5.18.23

NEFAC Executive Director Justin Silverman joined WPRI’s Newsmakers to discuss current open government issues with reporters Tim White and Eli Sherman. Silverman explained recent attempts to reform the state’s Access to Public Records Act and open meeting law, among other topics.

Civility Pledge is Off the Agenda in Truro
The Provincetown Independent 5.17.23

Town boards in Massachusetts are not obligated to offer public comment periods, according to Justin Silverman, executive director of New England First Amendment Coalition. “But when they open that forum, the First Amendment kicks in, and any restrictions they put on speech have to abide by First Amendment principles,” he said. Boards can limit public comments to what’s “reasonable,” Silverman said. Cutting off comments at a certain number of minutes is legal, as is mandating that they concern items on the meeting’s agenda. Beyond that, few restrictions would pass muster, he said. . . . “When we’re talking about public officials and whether their speech can be restricted,” Silverman said, “it’s a different conversation.” Elected and appointed officials don’t shed their First Amendment rights during public meetings, Silverman said, “but they’re also a member of government, and their speech as a member of government affects the public differently because they’re in a position of power.”

New Bedford Withholds Public Records Regarding Alleged Police Misconduct
New Bedford Light 5.11.23

“These are police misconduct records that we’re entitled to under the public records law,” said Justin Silverman, executive director of the New England First Amendment Coalition. “It’s a bad look and it’s a bad policy to take money for a public records request that ultimately you’re not going to fulfill.” . . . “There is very strong case law saying that police misconduct records should be released and that there’s a great public interest in communities knowing how their police departments are operating,” said Silverman, who is also an attorney. . . . “We have a public records law to help create trust between citizens and the government,” Silverman said. “So those in government … should be going out of their way to help the public get the information it’s entitled to and not just take its money.”

More Options Better for Public Meetings
The Sun Chronicle 5.6.23

Eight groups — the Massachusetts Newspaper Publishers Association, the Disability Law Center, the ACLU of Massachusetts, Boston Center for Independent Living, Common Cause Massachusetts, MassPIRG, the New England First Amendment Coalition and the New England Newspaper and Press Association — have joined together to support the effort to make hybrid participation permanent. The groups argue that remote meetings preserved public bodies’ ability to operate, but also “opened the door to civic engagement for members of the public and many people who had previously been shut out,” including seniors with mobility issues, people with disabilities, parents with young children, people with elder care and adult care responsibilities, people who can’t drive or afford taxis or rideshares, people with chronic medical conditions, and people who just want to know more about their government. “Remote access is the latest instance of universal design — alongside curb cuts, elevators, closed captioning, audiobooks, and other features — that began as accommodations and expanded to universal popularity,” the groups wrote. “Like these innovations and others emerging during the pandemic, remote access to public meetings should become a permanent feature.”

Bridgeport’s Attempt to Comply with Transparency Law May Not Be Legal, Experts Say
Hearst Connecticut Media Group 5.2.23

Justin Silverman, executive director of the New England First Amendment Coalition, said the recent controversial move by Bridgeport reminded him of a similar case where Boston closed out requests for lack of activity before abandoning the policy. Silverman said it is “reasonable” to reach out to individuals or entities that have long-pending FOI requests to gauge their continued interest. “The problem is when they then don’t get a response and then automatically close out the request when the requester may in fact still be interested in the request,” he said. “That’s not a remedy to the problem. That’s just Bridgeport letting Bridgeport off the hook.”

NEFAC Chief: City’s Denying The Voice’s Right to Know Requests ‘Unconstitutional’
The Rochester Voice 5.2.23

The president of the New England First Amendment Coalition said that the City of Rochester’s decision to deny release of government documents to The Rochester Voice under the Right to Know law is “unconstitutional.” Greg V. Sullivan, Esq., who is also General Counsel for the Union Leader Corporation, said the digital daily’s rights and privileges under 91-A should be immediately reinstated by the city. “The Privileges and Immunities Clause of Article IV, Section 2 of the Constitution states that ‘the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states,'” Sullivan said. “N.H. RSA 91-A contains no language relating to the residence of a requestor. The records are public records.”

Judge Dismisses Defamation Lawsuit Against New Hampshire Public Radio
Current 4.26.23

Two New England newspaper publishers, the Union Leader Corporation and the Caledonian Record Publication Co., Inc., joined the ACLU’s brief along with the New England First Amendment Coalition, a nonprofit made up of lawyers, journalists and academics dedicated to free speech and press issues in the region.

Judge Rules in Favor of NHPR in Defamation Suit Brought By Recovery Center Founder
Union Leader 4.18.23

Several organizations, including the Union Leader Corp., New England First Amendment Coalition, Caledonian Record and ACLU-New Hampshire filed briefs in support of NHPR in the case.

NEFAC Joins A Lively Experiment (video)
Rhode Island PBS 4.14.23

NEFAC’s Amanda Milkovits, a reporter at The Boston Globe, discusses efforts to reform the state’s Access to Public Records Act. She joins Providence Journal reporter Antonia Noori Farzan and The Anchor at Rhode Island College’s Raymond Baccari. The discussion is moderated by Jim Hummel.

Debate Over Access to Police Discipline Records Reaches State House
Portland Press Herald 4.10.23

Judith Meyer, editor of the Sun Journal in Lewiston, the Kennebec Journal and the Morning Sentinel, testified in support of the bill on behalf of the Maine Freedom of Information Coalition and the New England First Amendment Coalition. “A police officer who is disciplined should not have any greater privilege of confidentiality than a school teacher, a county administrator, or any other public employee,” Meyer said. “Given the inherent power of law enforcement and the greater consequences of its abuse, even more transparency is needed relative to other public servants.”

Why Police and State Agencies are Opposing Updates to Rhode Island’s Public Records Laws
The Providence Journal 4.7.23

The New England First Amendment Coalition and ACLU of Rhode Island, among others, said that the proposed changes would lead to more accountability and transparency. Justin Silverman, the executive director of NEFAC, cited the example of Providence police sergeant Joseph Hanley, who in 2021 was convicted of beating a handcuffed suspect. He noted that the Providence Police Department had refused to release body camera footage after the incident took place. Instead, Rep. Jose Batista, the former head of the police oversight board, released the video himself and was subsequently fired.

N.H. Governor’s Policy to Destroy Records Within 30 Days Raises Transparency Concerns
The Boston Globe 3.27.23

“The whole policy smacks in the face of what the Right to Know and Part 1 Article 8 of the New Hampshire constitution calls for, which is open, responsive and accountable government,” said Greg Sullivan, the president of the New England First Amendment Coalition. “Destroying records with such rapidity just seems to be counter to both the spirit and the letter of the law.” Sullivan said such a policy does not promote the core goals of democracy.

Keeping the Light on in New Hampshire: Holding Government Accountable (video)
Concord TV 3.22.23

The New England First Amendment Coalition, the Nackey S. Loeb School and the University of New Hampshire Franklin Pierce School of Law hosted a panel discussion celebrating the values of open and responsive government and how we all play a role.

NEFAC Joins Boston Public Radio (video) (audio)
WGBH 3.21.23

New England First Amendment Coalition Executive Director Justin Silverman joined hosts Jim Braude and Margery Eagan to explore government transparency concerns in Massachusetts. The three discussed the state’s public records law, legislation to require hybrid access to government meetings and why everyone in the state should wave the banner for more sunshine in the Commonwealth.

Federal Judge Orders Columbus Court to Stop Delaying Access to New Complaints
Courthouse News Service 3.21.23

In another action in the District of Vermont, a federal judge enjoined local court clerks from holding back access to e-filed complaints, ruling in favor of Courthouse News and a slew of other publications and news organizations, including the Vermont Press Association, New England First Amendment Coalition, and Burlington Free Press.

Let the Sun Shine on Public Information
The Day 3.17.23

Carlos Virgen, assistant managing editor for audience development, is on the executive committee of the New England First Amendment Coalition. “It’s important that organizations like NEFAC and CFOG continue to advocate for stronger open government and records laws,” Virgen said. “These organizations are not only looking to expand these laws, but also want to make sure that existing laws are being upheld by public agencies. At NEFAC, our Connecticut committee is regularly having these conversations and looking for ways to educate the public about these issues and also hold government agencies to account when necessary.”

Sunshine Week
The Harvard Press 3.17.23

Public meetings and the remote access permitted during the COVID-19 pandemic are a means to that end. But the emergency law that made remote meetings possible is set to expire March 31 unless the Legislature acts to extend it. As Justin Silverman, executive director of the New England First Amendment Coalition wrote in an editorial this week, remote access to government meetings is one of the few silver linings to emerge from COVID-19. “It provides equity and engagement in our democracy that many members of our communities would not otherwise enjoy,” making it possible for citizens with family obligations, elder care, child care, and other issues to engage with their local boards and committees.

‘In the Dark Ages’: Massachusetts Exceptionalism Includes Secrecy in State Government
Mass Dump 3.15.23

Silverman called Healey’s approach to public records a “mess,” saying the governor “would have been better served actually outlining a very specific policy from the beginning as to how she would be handling public records.” “Governor Healey had this great opportunity to enter office and do what no governor before her had done,” Silverman said. “It’s an opportunity that’s really wasted. … That being said, all of this just goes to show the great need that we have to pass legislation that would subject her office to the public records law so we’re not relying on the promises of any governor, present or future, to be more transparent.”

Let the Sun Shine in on Open Government and Freedom of Information
The Daily Item 3.10.23

NEFAC Executive Director Justin Silverman expanded on this goal by noting how late Supreme Court Justice Louis D. Brandeis used a metaphor to describe government transparency’s importance. “Sunlight is said to be the best of disinfectants,” Brandeis said. Open government and unfettered freedom of information, in his view, are the best ways to keep democracy free from corruption and despotism. The Coalition is advocating for permanent changes to state laws allowing both in-person and remote access to government meetings. Without hybrid meetings, people with young children, disabilities, health challenges, work commitments or other impositions that prevent in-person attendance are at risk of being shut out of the democratic process.

Sunshine Week Prompts A Call To Enhance Civic Engagement
The Newtown Bee 3.9.23

As NEFAC Executive Director Justin Silverman notes, a 2020 study published in The Journal of Civic Information and authored by Jodie Gil and Jonathan L. Wharton involved nearly 100 municipalities in Connecticut following the state’s COVID-19 emergency orders. It found that the majority of these municipalities experienced the same or increased participation during their public budget deliberations as they had previously. While these towns also experienced learning curves and other unexpected challenges, the findings by the authors reinforce what many have come to believe during the last three years: The public is more likely to participate in meetings when given multiple ways to do so. And remote meeting technology is becoming more prevalent, less expensive, and greatly needed by citizens unable to attend in person. There have been few silver linings to emerge from COVID-19. Remote access to government meetings is one of them. It provides equity and engagement in our democracy that many members of our communities would not otherwise enjoy.

Honor Sunshine Week By Requiring Hybrid Access to Government Meetings
Various Publications 3.12.23 – 3.18.23

NEFAC Executive Director Justin Silverman wrote an op/ed for Sunshine Week that appeared in publications throughout the region. The op/ed focuses on the need for permanent changes to state laws allowing hybrid access to government meetings. Below is where the op/ed appeared:

Worcester Telegram & Gazette | Provincetown Banner | The Gardner News | The Daily Hampshire Gazette | Caledonian Record | Greenfield Recorder | New Haven Register | Connecticut Post | Keene Sentinel | The Hour | New Canaan Advertiser | The Darien Times | MassLive | The Milford Mirror | The Wilton Bulletin | The Trumbull Times | The News-Times | The Stamford Advocate | The Ridgefield Press | Shelton Herald | CT Insider | New Hampshire Bulletin | The Greenwich Time | The Middletown Press | Chester Telegraph | The Register Citizen | The Martha’s Vineyard Times | Marblehead Current | The Hull Times | The New Bedford Light | The Cheshire Herald | Shelburne News | The Other Paper

Healey Won’t Release Sexual Harassment Complaints, Settlement Pacts
WBUR 3.9.23

“Gov. Healey has the opportunity to bring transparency to her office like she promised she would,” said Justin Silverman, executive director of the New England First Amendment Coalition, a nonprofit that promotes access to government information. “But it’s becoming more clear with every records denial, that she doesn’t have any intention of doing so.” … Silverman said Healey appears to be following the same practice. “I think it’s become a matter of convenience, if it’s convenient to release records, the governor’s office will do so,” he said. And if not, he said, the office can cite the court decision to say it isn’t obligated to provide the records.

Access Denied: Authorities Refuse to Release Records for Maine School Shooter Hoax Calls
Kennebec Journal 3.4.23

Justin Silverman, attorney and director of the New England First Amendment Coalition, said the denial of the hoax call transcripts “violates FOAA” and that not everything on a police record, or 911 transcript, is confidential. There are parts, such as time the call was made, or where the call came into, that would not jeopardize an investigation. “This information should be released,” said Silverman. “You can’t withhold an entire document because it would be redacted. Redact what you can under the law and release everything else.”

Want to Know What Boston’s Electeds Text Each Other? Good Luck.
The Boston Globe 3.2.23

Part of the problem, according to Justin Silverman, executive director of the New England First Amendment Coalition, is that “we have to take the word of the particular agency or public official that they’ve gone through all their texts.” “There isn’t a whole lot of recourse for requesters when they’re in a situation like that,” said Silverman. If texts are being sent and received by government employees and then deleted a short time later, that would represent a “major red flag,” he said. Regarding the city’s response to the request for Wu’s texts, Silverman said, “It doesn’t seem right that all text messages would be considered transitory under this policy.”“Text messages can be as long as an e-mail or other communication subject to the public records law,” he said. “Messages as short as a single word can be significant when considered collectively with other texts in an exchange.”

CT Family Again Left Waiting for Body Cam Footage After Fatal Police Shooting at Springfield Casino
Hearst Connecticut Media Group 3.1.23

According to Massachusetts Freedom of Information laws, the police can rely on an “ongoing investigation” exemption to withhold the videos from the public, said Justin Silverman, executive director of the New England First Amendment Coalition, which identifies and monitors First Amendment issues in six New England states, including Massachusetts and Connecticut. Silverman was not aware of any Massachusetts guidelines that require police to release the videos before the investigation is complete. In Connecticut, officials, including the state’s inspector general who independently investigates incidents of police use of force, must release body or dash camera footage within 96 hours of an incident. “Generally speaking, the investigatory exemption is one of the more abused exemptions in Massachusetts,” Silverman said.

Council’s Executive Session Trolled By ‘Zoombombers’
Portland Phoenix 3.1.23

Portland lawyer Sigmund Schutz, a member of the New England First Amendment Coalition, said that the city’s explanation on the agenda was vague, but the city’s ability to discuss legal rights and duties with their attorney is “somewhat broad.” “A hot issue around the State has been ‘First Amendment audits’,” Shultz said via email. “The First Amendment covers a fair bit of territory. They certainly could be more precise without giving [away] the game vis-a-vis any confidential or sensitive legal advice they intend to solicit.”

Some Question Mass. Cannabis Commission’s Ban on In-Person Attendees
Boston Business Journal 2.28.23

Justin Silverman, executive director of the New England First Amendment Coalition, said that while the coronavirus is still spreading, using a hybrid format that bars access to the public due to Covid-era policies is rare. He said that while government bodies around the country are reckoning with how to balance safety and public access, it’s essential that regulatory bodies provide as much access as possible. “Government bodies should be going out of their way to provide public access, both in-person and remotely. So if they’re turning people away out of Covid concerns, but there are accommodations that they can reasonably make, maybe as easy as just changing the location of the meeting to a larger room, then those accommodations should be made,” Silverman said. “We should expect all those government bodies to make those accommodations.” . . . Silverman agreed that having face-to-face access is essential for public bodies to hold officials accountable. “It’s also easier for government officials to evade questioning and accountability when they’re meeting exclusively online. So requiring in-person meetings allows the public — concerned citizens, community watchdogs, local journalists — an opportunity to be in the same room and to ask difficult questions that might otherwise be avoided by government officials and be present to monitor what’s going before and after the live stream starts,” he said.

A New Bill Would Expand RI’s APRA Law. Here’s What Could Become Public Record
The Providence Journal 2.23.23

Introduced by Sen. Louis DiPalma, D-Middletown, and Rep. Joseph J. Solomon Jr., D-Warwick, S 0420 and H 5454 were drafted in consultation with groups including the New England First Amendment Coalition, Common Cause Rhode Island, AccessRI, the American Civil Liberties Union of Rhode Island, the Rhode Island Press Association and the Rhode Island League of Women Voters.

Healey, Who Once Pledged to Not Claim Blanket Public Records Exemption as Governor, Refuses to Release Call Logs, E-Mails
The Boston Globe 2.20.23

Justin Silverman, executive director of the New England First Amendment Coalition, said the argument that releasing certain information would “unreasonably hinder” Healey is one her attorneys “alone have created.” “When she responds to a public records request and she is citing exemptions that don’t exist under the law, then it really calls into question that commitment to transparency that she is so publicly making,” he said. “She’s both saying she’s going to follow the law — and then she says there might be other obligations that require her to not follow the law. And she can’t have it both ways.”

In Bid for More Transparency, Changes to RI’s Public Records Law Introduced
WPRI 2.17.23

The legislation, submitted in the Senate by Sen. Lou DiPalma and Rep. Joe Solomon in the House, was crafted with the help of several open government groups that make up Access Rhode Island, including the New England First Amendment Coalition, Common Cause Rhode Island, R.I. Press Association and R.I. League of Women Voters. . . . “It’s time to bring more transparency to Rhode Island,” said Justin Silverman, the executive director of the New England First Amendment Coalition. “This bill includes reasonable, common-sense changes to the Access to Public Records Act that will help keep us better informed about our government.”

When’s a Council Gathering Public and Who Should Be Able to See and Hear It?
New Bedford Light 2.14.23

If you think I’m making too much of this, don’t take my word for it, take the word of the New England First Amendment Coalition. “It would be very hard to argue that this is not a public meeting when they are giving public notice of the meeting,” said Justin Silverman, executive director of the political watchdog group. “It seems like an effort to skirt the open meeting law,” he said. “It seems like a way for the City Council to have meetings while the public has limited access and free to have a quorum or not, doing city business or not, and expecting all New Bedford residents to just take their word for what happens.”

News Coalition Joins Case Attacking Virginia Access Policy
Courthouse News Service 2.13.23

NEFAC and a coalition of national and regional newspapers have piled into a legal brief attacking Virginia’s two-road system of access to court records where one privileged group can review the records online while the press and public are cut off.

Governor Maura Healey Says Her Office is Exempt From the State’s Public Records law. What that Means for All of Us in Massachusetts (audio)
WBUR’s Radio Boston 2.8.23

NEFAC Executive Director speaks to Yasmin Amer at WBUR’s Radio Boston about the state’s public records law. Massachusetts is just one of two states that arguably exempts the governor’s office. Silverman joined WBUR investigative reporters Todd Wallack and Beth Healy.

DAs Ignore Many Requests for Public Records
CommonWealth 2.5.23

Healey Won’t File Legislation Subjecting Her Office to Records Law
CommonWealth 2.1.23

Justin Silverman, executive director of the New England First Amendment coalition, wasn’t sure what to make of Healey’s new policy. “Governor Healey said her office would follow the public records law and that’s the expectation. There is no ‘unique obligations’ exemption in the law and claiming one now seems like an attempt to walk back the promise she made,” he said.

Legislature, Governor’s Office Must Take This Real Opportunity to Upgrade Bay State’s Woeful Governmental Transparency
The Berkshire Eagle 1.27.23

It remains to be seen, however, how Gov. Healey will follow through on those pledges made by candidate Healey. A coalition of transparency advocates last month wrote to Gov. Healey asking her to follow up her promising words with meaningful action. We join in those calls from the Massachusetts Newspaper Publishers Association, the New England Newspaper & Press Association, and the New England First Amendment Coalition.

DEP Targeted for ‘Egregious’ Open Meeting Violation
The New Bedford Light 1.27.23

Justin Silverman, executive director of the New England First Amendment Coalition, said he wasn’t aware of any exceptions in the law that would apply to the stakeholder group. “Just because it’s this ‘ad hoc’ committee, as they describe it, doesn’t make it any less of a public body serving a public purpose,” he said. Silverman said the attorney general’s decision on whether the group had to follow the open meeting law would come down to two main exceptions. One of them allows a single official to appoint an advisory board to help them make a decision they have the authority to make on their own. One example would be a mayor assembling a panel to help her nominate candidates for a staff position, something the mayor could do herself. But the stakeholder group was advising on a regulatory process that involves an entire division. There’s another exception for committees with a broad, flexible membership — like an advisory group for a school that’s open to any student, parent or teacher. Since it’s not clear who counts as a member or who may be present at any particular meeting, Silverman said a group like that would be exempt. But the environmental agency has posted a list defining the stakeholder group members, and Silverman said the exemption wouldn’t apply to an invite-only committee.

After 3 Reporters Turned Away From Hearings, Newsrooms Raise Concerns About Access
VTDigger 1.17.23

Justin Silverman, executive director of the New England First Amendment Coalition, said Tuesday it is essential that all journalists get equal access to committee meetings. “If these restrictions that are currently in place don’t allow that to happen, then the Legislature should reconsider those restrictions and determine whether they are still necessary given the health concerns of Covid,” he said. Legislative staffers have also argued that even if reporters — or other members of the public — are turned away from a committee meeting because of capacity limits, they can still watch the proceedings on live video feeds of each meeting streamed on YouTube. But Silverman said video streams, while important for transparency, don’t provide the level of access that reporters need — a concern echoed in the letter from newsroom leaders. “Journalists need the opportunity to be in the room because they need to hear side conversations,” Silverman said. “They need to be there to witness what happens before that livestreaming starts, and what occurs after it ends.” “Journalists need the opportunity to follow up with legislators in-person, face-to-face,” he added, “and ask difficult questions that could otherwise be evaded.”

Healey Promised to Bring Transparency. It’s Not Clear If She’ll Follow Through
The Boston Globe 1.16.23

Healey gets credit for signaling a break from her predecessors. But as Justin Silverman, executive director of the New England First Amendment Coalition, fairly points out, “she hasn’t provided any details, she hasn’t shared with us any steps that she’s going to take to make that a reality,” and “until she does, until she puts more action into those words, it’s just a promise unfulfilled.” Last month, Silverman’s First Amendment Coalition, the Massachusetts Newspaper Publishers Association, and the New England Newspaper & Press Association wrote a letter to Healey asking her to put some muscle behind her pledge. The groups wanted the governor, immediately after taking office, to issue an executive order subjecting her office to the public records law. They wanted her to appoint a public records officer, too. And they are calling on her to file and support legislation clarifying that the public records law applies to the governor’s office.

Healey Off to Fine Start — Now Time for Follow-Through
The Eagle-Tribune 1.14.23

In December, a coalition of newspapers and open government groups called on then Gov.-elect Healey not to claim the public records law exemption and asked her to file legislation to make all three branches of government subject to records law. Justin Silverman, executive director of the New England First Amendment Coalition, said he welcomes Healeys pledges to bring more transparency to Beacon Hill. “She could have easily just fallen in line with previous governors and claimed the exemption,” he said. “But she’s not doing that, and deserves credit for it.”

Healey Won’t Claim Public Records Exemption
The Eagle-Tribune 1.12.23

In a letter to Healey, the Massachusetts Newspaper Publishers Association, the New England Newspaper and Press Association, and the New England First Amendment Coalition, wrote that she has the “singular opportunity” to reverse an “ill-conceived policy that has allowed the governor’s office to operate under a level of secrecy that is unimaginable” in other states. Justin Silverman, executive director of the New England First Amendment Coalition, said he welcomes Healeys pledges to bring more transparency to Beacon Hill. “She could have easily just fallen in line with previous governors and claimed the exemption,” he said. “But she’s not doing that, and deserves credit for it.” That said, Silverman said there are lingering questions about how the Healey administration will implement the changes and exactly what kinds of records will be subject to public disclosure. “There aren’t any details and she hasn’t provided any insight into how this will happen,” he said. “And, as of yet, we haven’t received any response from her to our letter, which outlined some specific things she could do.”

Private Equity CEO Won’t Face Charges in Old North Wharf Boat Sabotage Case
Nantucket Current 1.6.23

According to the New England First Amendment Coalition, “Most criminal prosecutions begin with an arrest, followed by an application for a criminal complaint by a law enforcement officer. A law enforcement officer or private citizen, however, can also file an application for issuance of a criminal complaint without the occurrence of an arrest. Applications without arrests can be subject to a ‘show cause’ hearing when there is no threat of imminent bodily injury, the commission of a crime, or of the accused fleeing the state.” That is what happened following the Environmental Police investigation of Wolpow last fall.