NEFAC’s expert testimony appears in news media across the country and its advocacy attracts considerable press coverage. Below are links to stories featuring our work and commentary. Need a source for your story? Email justin@nefac.org.
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More Sunshine Needed for Mass. State and Local Government
The New Bedford Light 4.1.26
We have a real opportunity to leverage state resources and technology to drive democratic participation while securing public trust. The proposals have the support of groups like the ACLU of Massachusetts, the New England First Amendment Coalition, and the Massachusetts Newspapers Publishers Association.
Are Ansonia’s Budget ‘Workshops’ Transparent?
Valley Independent Sentinel 3.30.26
Justin Silverman is the executive director of the New England First Amendment Coalition, an organization which advocates for government transparency and public access to government. Silverman said it’s a poor look for government officials to look for ways to avoid sharing information with the public. “Even if the law does allow them to have these meetings and work outside the requirements of FOIA, that doesn’t mean they should be,” Silverman said in an interview. “These officials have an obligation to be as transparent as possible, and that’s a matter of principle that they should recognize and respect, rather than looking for ways to evade public scrutiny.” He said government officials shouldn’t ignore the public’s right to know when going about the city’s business. “I get the desire of public officials at times to want to get business done very quickly and efficiently, but that can’t come at the cost of transparency,” Silverman said. Silverman said avoiding meeting minutes is bad public policy. “It really makes it difficult to even determine whether they are doing as they say, and acting within the law, because you don’t know who’s at these meetings, because minutes haven’t been taken,” Silverman said.
25 Investigates Wins Access to Records Shielded By Lowell Police
Boston 25 3.27.26
Justin Silverman, Executive Director of the New England First Amendment Coalition (NEFAC), noted that the ruling reaffirms that public agencies cannot deny access to records without legitimate legal justification. “The public records law provides tools already, ways for the police department to protect legitimate privacy interests while also furthering the public’s right to know,” Silverman said.
Massachusetts Man Sues City of Nashua Over Address Requirement to Speak at Public Hearing
WMUR 3.26.26
The New England First Amendment Coalition is a regional nonprofit that advocates for those seeking support with First Amendment issues or restrictions. Gregory V. Sullivan, the president of the organization, says he supports Amaya Price’s stance. “You shouldn’t even have to give a name, because anonymous speech, particularly on political matters, has always been protected by the courts,” Sullivan said. While aligning with the concerns outlined in the complaint, Sullivan acknowledges the city’s own First Amendment rights to express its views through symbols like flags. He adds that anonymous speech like Amaya Price’s, however, has been protected by courts for years, highlighting the Supreme Court’s consistent protection of it. Depending on the outcome of this case, Sullivan says this could encourage others to come forward to express their thoughts in a public forum. “It’s extremely important for local, state, and federal governments to continue to defend our First Amendment free speech, free press rights, assembly, petition, and religion,” he said.
Massachusetts ‘Wins’ 2026 Black Hole Award for Most Egregious Violation of the Public’s Right to Know
Caught in Southie 3.25.26
“Massachusetts is very much an outlier when it comes to the public records law and transparency, all of which makes this latest dishonor by the SPJ a well-deserved distinction,” said New England First Amendment Coalition (NEFAC) Executive Director Justin Silverman. Silverman explained that the state can be either explicitly exempt from public record law or, in the governor’s case, points to a debatable interpretation of court decisions. “No matter who’s in office, they’re not going to voluntarily follow the public records law,” he said. He added that the only way the state might shed its Black Hole status is through either legislative action or at the ballot box, though he does not believe it to be a priority for the legislature at this time. . . . “The more secrecy there is, the more likely that those who represent us will find opportunities to act in their own interest and not in their constituents,” Silverman said. “Even if we have the most noble, well-meaning, and competent lawmakers in office, we still need that high degree of transparency, just for assurances among the public that our representatives are doing the right thing.”
First Amendment Lawsuit Seeks to End Nashua’s Policy of Requiring Name and Address During Public Comment
New Hampshire Public Radio 3.25.26
Greg Sullivan, an attorney for the New England First Amendment Coalition who is not involved in the lawsuit, said that raises questions about the need to disclose an address. “To me, there’s no reason that an individual who wants to exercise their free speech rights has to even give a name, never mind an address,” said Sullivan. Sullivan added that anonymous speech, whether in pamphlets or in person, has been “critical to building this country from Day 1.”
Keep It to Yourself: Worcester Shuts Off Commenting on Social Media Pages
Worcester Telegram & Gazette 3.20.26
Justin Silverman, executive director at the New England First Amendment Coalition, said a blanket ban of all commenters is not in violation of the First Amendment. The legality would become hairier if the city moved to blocked specific users or deleted only critical comments, in what could be discrimination against specific viewpoints, he said. Nonetheless, he felt the move was overly restrictive, alienating government officials from local residents. “One of the greatest benefits of social media is allowing people to have a platform to express themselves, to not only get information that cities are distributing through the platform, but to share and comment and engage with government through the platform itself. And, I don’t think it’s a good policy to shut down that opportunity,” Silverman said in a recent interview with the T&G. Not all speech is protected by the First Amendment, including threats and defamation, and Worcester officials would be within their rights to remove these posts, Silverman said. He also noted that many social media platforms have their own policies about speech and may filter out the most vitriolic comments. The comments that remain, while not always “flattering or helpful,” can be important for representatives to hear, Silverman said. “I would argue that providing a forum where Worcester residents can talk about improvements that need to be made in the community is exactly the type of speech we should be encouraging,” he said.
Overcast, And Some Shade
State House News Service 3.20.26
Transparency fans would tell Friedman that lawmakers ought not fear the public records law if they have nothing to hide. That’s almost exactly what Justin Silverman, executive director of the New England First Amendment Coalition, wrote to the committee in testimony from the organization. “[T]he benefit of transparency isn’t just to root out corruption and expose the misdeeds of public officials. It’s also to assure residents that their system of government is working as intended and that their leaders are honest, competent individuals serving the public’s interest,” he wrote. He added, “With this transparency — and only with this transparency — can there be the trust needed between the people of Massachusetts and the government that serves them.”
For Media, a Premium View at the Mass. GOP Convention Comes at a Cost: $500
The Boston Globe 3.20.26
While charging fees from media is “within their rights” as a private organization, the Mass. GOP’s new offer could impede the public’s understanding of what transpires at the convention, said Justin Silverman, executive director of the New England First Amendment Coalition. “By instituting fees for access or prioritizing some media over others, you are making it more difficult for the general public to understand what’s going on,” he said.
Body Cam Footage Won’t Be Released in Fatal Roxbury Shooting By Boston Officer (video)
WCVB 3.20.26
Justin Silverman, executive director of the New England First Amendment Coalition, could not comment specifically on O’Malley’s case, but said in general, “The investigatory exemption is one, if not the most, abused exemption in our public records law. So I think it’s not only in the public’s interest, but also in the interest of the police departments to provide body camera footage whenever possible.”
Keep Meetings Open — For Everyone
The Harvard Press 3.20.26
The case for the bill is straightforward. Since the pandemic, hybrid meetings have transformed civic life. Parents with young children, people with disabilities, shift workers, and residents who face long drives to town hall have all been able to participate in ways that were impossible before. The New England First Amendment Coalition, the ACLU of Massachusetts, Common Cause, the League of Women Voters, and a broad coalition of disability rights and press freedom organizations all back the bill. Their core argument: When a public body closes the door to remote access, it closes the door on entire communities.
As State Drags Its Feet, Locals to Consider Mandating Hybrid Access to Hull’s Public Meetings
Hull Times 3.19.26
The debate at the state level about mandating hybrid access to meetings has influential organizations on both sides – the Massachusetts Municipal Association favors Healey’s proposal to make hybrid meetings optional, while the American Civil Liberties Union and the New England First Amendment Coalition strongly favor the mandate contained in bill H.4831.
Do Your Part to Make Government Accessible to All
Eagle-Tribune 3.18.26
This movement is a positive sign, but the momentum needs to continue to keep Massachusetts from reverting to the patchwork of meeting accessibility that existed before the pandemic. If enacted, HB 4831 would take effect July 1, 2027, just as the current provisions expire. The bill has a strong set of followers, including the ACLU of Massachusetts, Boston Center for Independent Living, Common Cause Massachusetts, MassPIRG, the New England First Amendment Coalition, and New England Newspaper and Press Association, all of whom are promoting passage of the bill as part of Sunshine Week efforts.
Lewiston Mayor Hopes to Shorten City Council Meetings By Reducing Public Comment Time
WGME 3.16.26
The executive director of the New England First Amendment Coalition says its a balancing act but people should always be given time to express their opinions. “You also need to provide an opportunity to everyone in the community to provide their opinions on very important topics,” executive director of the New England First Amendment Coalition Justin Silverman said.
‘One of the Worst Offenders’: Why It’s Hard to Get Public Records From the Mass. State Police
MassLive 3.15.26
The State Police are “one of the worst offenders when it comes to the Massachusetts public records law,” said Justin Silverman, executive director of the New England First Amendment Coalition. “They are known for their secrecy and the lack of response that they give to public records requests.” . . . Sometimes the supervisor’s decision can provide leverage to obtain records, Silverman said. “But a lot of times it’s not very helpful because these aren’t binding decisions that can be enforced,” he said. That leaves people with two options: file a lawsuit, or hope that the Attorney General’s Office will pursue the case, which is rare. “That’s the biggest flaw,” Silverman said, “that when the law isn’t being followed, there isn’t a lot of recourse for the requester to push back and get the information that they’re seeking.” . . . The issue indicates larger concerns in the state’s public records law, Silverman said. “The problems that we see with the State Police, not all of them are unique to that agency,” he said. “Where it’s more concerning, when you have State Police involved, is that it’s a law enforcement agency with a lot more power than other public agencies, and secrecy in that case can be far more detrimental.” . . . To help increase access to public records, the New England First Amendment Coalition launched a legal fund last year with funding from the Knight Foundation. It supports journalism and open government litigation. Silverman, NEFAC’s executive director, said he thinks daily about how to communicate the importance of public records access to the public. “It’s our money, our tax dollars that are supporting these agencies, and they need to be working on our behalf,” he said. “There’s no way we can know if they are working in our best interest if they don’t provide the transparency that’s required by the law. … Everybody has an interest in transparency and a stake in how our tax dollars are being spent.”
Can Maine School Boards Restrict Free Speech During Public Comment? (video)
WMTW 3.14.26
First Amendment attorney and New England First Amendment Coalition President Gregory V. Sullivan described that type of rule as a “civility clause,” saying it is very common within school board and city council policies. “Although civility is to be encouraged, it cannot be required,” Sullivan said. Sullivan said these types of policies are vague and unreasonable. Determining what is vulgar, offensive or defamatory can be subjective. “Who’s to say what is defamatory and what is not? That’s not the job of a school board, for example. It’s the job generally of a jury or a judge,” Sullivan said. If a school board member or teacher believes a public comment is defamatory, Sullivan said they can pursue a defamation claim afterward. “There is no more important protection of speech than when the citizenry is criticizing governmental officials,” he said. “That’s what the First Amendment is all about.”
SJC Rules Charter Schools Must Comply with Public Records Law
The Boston Globe 3.11.26
“We need to know how our schools operate and whether they are making the best use of our tax dollars,” Justin Silverman, executive director of the New England First Amendment Coalition, said in an email. “Today’s decision makes it easier for us to do so. It’s a win for the public’s right to know.”
Priced Out: FOI Requesters Sound the Alarm as Hourly FOIA Fees May Be Coming to Connecticut
Inside Investigator 3.8.26
Justin Silverman, the executive director of the New England First Amendment Coalition (NEFAC), told Inside Investigator, “the ability to charge requesters a fee for their time is often abused by public agencies who will quote a completely unreasonable amount of money to fulfill a records request that is completely prohibitive.” In other states in New England that allow hourly fees to be charged, Silverman said they see “a lot of requesters asking for info they should be receiving that are scared away by unreasonable cost estimates.” . . . Silverman also noted that, in other New England states that allow hourly fees to be charged, policies often allow for the first few hours of work to be provided for free. . . . “That’s the tension here between government’s ability to provide a service in a cost efficient way and the public’s right to know,” Silverman told Inside Investigator. “I’m not endorsing any fees for requesters, but if the law were to change, there would have to be some sort of safety net built in for requesters, where agencies wouldn’t have the license to quote astronomical sums of money just to scare away the requester.” “That’s the situation we’re often seeing in other states and that’s what at risk in Connecticut,” Silverman added.
‘They Don’t Even Pretend to Comply’: Mass. Agencies, Cities, and Towns Openly Flout Open Record Law
The Boston Globe 3.4.26
Ultimately, there’s no way for anyone to know how often state agencies and local governments in Massachusetts ignore requests or fail to follow the law. Nor is there any way of knowing how many requesters are stymied by bureaucratic stonewalling, and simply give up. “We are working in the dark,” said Justin Silverman of the New England First Amendment Coalition.
Bill Restricting Public Information Requests Moves Forward
Union Leader 3.3.26
During a public hearing last month, Mark Hayward, representing the New England First Amendment Coalition, said the restriction would deny many legitimate requests such as a non-resident driver seeking records about law enforcement practices, someone outside New Hampshire considering property purchases in the state or a business deciding whether to locate in New Hampshire. In 2024, then-Gov. Chris Sununu signed a law (HB 1002) that for the first time allowed governmental bodies to charge money — not just for the material costs of copies, but for staff time to process voluminous document requests. The news media was exempt from the change as were the first 250 communications of any request. Hayward urged lawmakers to see if that law helped cope with these out-of-state data mining demands.
Maine Considers Automatically Sealing Thousands of Low-Level Criminal Records
Maine Morning Star 2.26.26
Sigmund Schutz of Preti Flaherty — on behalf of the Maine Freedom of Information Coalition, New England First Amendment Coalition and Maine Press Association — pointed to First Circuit and Supreme Court precedent when making the case that LD 1911 would violate the U.S. Constitution. It “imposes automatic restrictions on public access to criminal convictions without any case-by-case determinations by a judicial officer,” which courts have held is needed to determine “a compelling governmental interest sufficient to overcome the public’s First Amendment right of access to criminal proceedings.” Schutz offered an alternative. “If existing protections against criminal history discrimination are insufficient, then they could be broadened or penalties for discrimination could be made more severe,” Schutz said. “This would be a better alternative than automatically sealing entire categories of public judicial records.”
‘Gag Order’: State Police Reroute Comms Through Colonel’s Office
Inside Investigator 2.18.26
“What’s being imposed here is a gag order, plain and simple.” Justin Silverman, executive director of the New England First Amendment Center (NEFAC), said of the policy’s restriction on sworn CSP members speaking to the media. While Silverman said more information about the policy, including whether there are consequences for violating it, is needed, similar types of restrictions on public employees’ speech are often found unconstitutional under the First Amendment because they impose prior restraint. Prior restraint occurs when government prohibits speech before it occurs. “The First Amendment protects the ability, in this case of police, to speak openly and candidly about their experiences. Any policy that prevents them from doing so and restricts the ability of journalists to have conversations with those employees raises many red flags.” Silverman said.
Maine Lawmakers Consider Bill to Seal Criminal Records 5-10 Years After Date of Conviction (video)
WGME 2.6.26
The New England First Amendment Coalition says while the bill’s intentions are good, there are other ways to protect the rights of former inmates. “What’s being proposed here is unconstitutional. It violates our First Amendment right to these judicial records,” Justin Silverman of the New England First Amendment Coalition said.
Mass. Officials Began Seizing Homes for a New Cape Bridge. They Won’t Say How Much They’re Paying for Them
The Boston Globe 2.5.26
The public’s ability to determine whether the eminent domain process is happening fairly depends on state officials being transparent, said Justin Silverman, executive director of the New England First Amendment Coalition. “There’s no room for secrecy in this process,” Silverman said, adding that even if information on the payouts can legally be withheld, “that doesn’t necessarily make it good policy.” “You have a very expensive, high-profile project where families are having their homes taken,” he said. “The state should be doing everything within its power to be as transparent as possible given all the interests at stake here.”
Bill Would Limit Right-to-Know Requests to Residents
InDepthNH 2.3.26
Mark Hayward of the New England First Amendment Coalition spoke in opposition to the bill. “Let’s say someone from Massachusetts gets pulled over when he might believe he shouldn’t have been,” Hayward said. “Maybe there wasn’t probable cause. He should be able to file a right-to-know request and see if his assumption was correct.” Hayward gave another example of a Maine resident who wants to buy property in New Hampshire and wants to know about neighboring properties, selling issues or any disputes regarding the property. Hayward also noted that there are only a handful of states in the country that limit public record laws to residents. The committee did not take any immediate action on the bill.
EMS Gadfly or Journalist? Brattleboro Officials Debate First Amendment Protections (video)
WCAX 2.3.26
Justin Silverman, executive director of the New England First Amendment Coalition, said such ordinances face constitutional challenges. “If they are passed at all, they are very quickly challenged and usually found unconstitutional,” Silverman said. “The right to record, the right to document what is going on in our communities, isn’t just a right for journalists, it’s a right for all of us.”
RWU Journalism Student Participates in 2025 Gloria L. Negri First Amendment Institute
Roger Williams University 2.3.26
Addison Mason, a Journalism major from Atkinson, N.H., was one of just seven students selected to participate in the 25th annual Negri Institute, held in October at Boston University. The highly competitive fellowship brings together emerging and established journalists from across New England to deepen their understanding of First Amendment principles and contemporary reporting practices. . . . Offered by the New England First Amendment Coalition, the intensive, weekend-long program featured academic presentations, networking sessions, and in-depth discussions with journalists, editors, and professors. Fellows explored topics including press freedom, ethical reporting, and the evolving role of journalism in a changing media landscape.
Police Officer Resigns Amid Allegations of Relationship with Vulnerable Teen (video)
Boston 25 2.2.26
Justin Silverman, Executive Director of the New England First Amendment Coalition (NEFAC), criticized the department’s refusal to release even redacted documents. “This isn’t just about police transparency. This is also about our weak, if not broken, public records law,” Silverman stated. “Surgically redact information that can be redacted under the law and release everything else.” . . . “We need a way to change the law to make sure that the law is being followed,” Silverman said, “and more broadly, change this culture of secrecy that we’re seeing in Massachusetts right now.”
Somerville Shares Heavily Redacted Public Library Investigation
Cambridge Day 1.28.26
Justin Silverman, executive director of the New England First Amendment Coalition (NEFAC), says it’s unclear who’s being protected, given that the case is already public. “If the employee’s name is already public knowledge and many of the facts of the particular case are already public knowledge, then there isn’t as much privacy to protect,” he said, adding, “The city should be giving far more information than it is.” . . . While “no state has the perfect law,” according to Silverman, Massachusetts is “pretty far down on the list” in terms of public records access. “You have this huge body of records that the public isn’t entitled to,” he said. Massachusetts is the only state in which the executive, legislative and judicial branches are all exempt from public records disclosures. (For decades, governors have claimed exemption, including Gov. Maura Healey in 2023, despite saying a year earlier when she was attorney general that the governor’s office should not be exempt.) Enforcement is also an issue. Silverman explained that in Massachusetts, the supervisor of records (currently Manza Arthur) issues rulings or determinations about records requests, but those decisions aren’t binding. “The supervisor doesn’t have any power to take these cases to court,” he said, “so those rulings are only as good as the paper that they’re written on.” Silverman cited Connecticut as a New England state with stronger enforcement mechanisms for public records requests. There, an independent commission hears public records disputes, and any member of a public agency who fails to comply with the law is considered guilty of a misdemeanor.
Delays, Denials, Determinations: State Health Dept. Slowwalks Media Records Requests
The Boston Institute for Nonprofit Journalism 1.22.26
Justin Silverman, executive director of the New England First Amendment Coalition, said the situation at the DPH is not unique. “Various government agencies slowwalk requests or ignore them so they don’t have to release information they don’t want to,” Silverman said. Adding, “More broadly speaking, the issue is enforcement.” “If those in government aren’t following the laws themselves and are working in secrecy,” Silverman said, “then we don’t know how the decisions that affect us are being made.”
The First Amendment, Decoded
Simmons University 1.20.26
The Simmons Center for Information Literacy recently presented “Information is Power: The First Amendment, Public Records, and the Press,” a mini-conference designed to address how we can all exercise our First Amendment rights. Here are some quotes from one of the presenters, Justin Silverman, Attorney and Executive Director of the New England First Amendment Coalition.