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New England First Amendment Coalition

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February 2021

Each year, NEFAC honors individuals who have promoted and defended the First Amendment throughout New England. During its annual ceremony, the coalition presents the Stephen Hamblett First Amendment Award, the Michael Donoghue Freedom of Information Award and the Antonia Orfield Citizenship Award.

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Seeking Nominations for Freedom of Information and Citizenship Awards — Deadline March 19

Michael Donoghue Freedom of Information Award | Given each year to a New England journalist or team of journalists for a body of work from the previous calendar year that protects or advances the public’s right to know under federal or state law. Preference is given to those who overcome significant official resistance. Nomination Form

Antonia Orfield Citizenship Award | Given to an individual from one of the six New England states who has fought for information crucial to the public’s understanding of its community or what its government is doing — or not doing — on its behalf. The candidate should have shown tenacity or bravery in the face of difficulty while obtaining information that the public has a right to know. Nomination Form

EDUCATION Data Cleaning 102

This is the second of two introductory lessons on cleaning datasets obtained online or through public records requests. Before attending this class, it’s recommended that you first view Data Cleaning 101. By attending this second lesson, you will: • Advance your data cleaning skills with OpenRefine. • Learn how to import dirty data from websites and increase memory in OpenRefine. • Build your facet and clustering skills. • Learn how to split and merge data.

RHODE ISLAND NEFAC Reacts to R.I. Gov. Gina Raimondo’s Rare Comments to Press

NEFAC Executive Director Justin Silverman recently told WPRI-Providence that Gov. Gina Raimondo’s decision to avoid the press is problematic, especially during the ongoing COVID-19 pandemic. He said while President Biden has nominated her to be secretary of commerce, she is still the governor.

NEFAC wrote to Gov. Raimondo last month saying that "with Rhode Island reeling from cases of COVID-19 and a need for timely and accurate health information, there is no substitute for direct access to the governor." Read that letter here. Learn more about how NEFAC is helping during the COVID-19 pandemic here.

MAINE Reporting on Local Protests: How Newsrooms Cover Political Demonstrations

With political demonstrations occurring throughout the country and weekly protests held at the Maine State House, citizens are asking: why are these events covered the way they are? This program helps pull back the newsroom curtain and focuses on recent news coverage.

Judicial Records: A First Amendment Right to Access

NEFAC’s Judy Meyer, executive editor at the Sun Journal, Kennebec Journal and Morning Sentinel, discusses a recent lawsuit to protect the First Amendment right to judicial documents in Maine and what could happen if that access continues to be denied. Discussion Notes Additional Coverage Maine Courts Impose No-Access-Before-Process Policy Contrary to First Amendment | Courthouse News Service Bangor Paper Joins Lawsuit Over Court-Document Access | Portland Press Herald Maine Newspapers Challenge Rule Concealing Electronic Court Records | Courthouse News Service Press Herald Joins Federal Lawsuit as Maine Newspapers Sue Over Delay in Access to Civil Complaints | Portland Press Herald

VERMONT Filling the Local News Void: A Look at the Waterbury Roundabout

Lisa Scagliotti, editor of the recently launched Waterbury Roundabout, describes how the closure of a local newspaper left her community without a regular news source and how she responded by launching her own.  Discussion Notes

MASSACHUSETTS Saving Local Journalism: How a Legislative Commission is Looking for Solutions

Dan Kennedy, a professor at Northeastern University, discusses the struggles of local journalism, challenges facing the local news industry and how a recently established legislative commission in Massachusetts may help. Discussion Notes

NEW HAMPSHIRE NEFAC Argues for Open Law Enforcement Certification Proceedings

The New England First Amendment Coalition recently argued in support of New Hampshire legislation that would require law enforcement certification proceedings to be public. House Bill 471 would grant the public access to police certification hearings, providing a level of transparency necessary to keep law enforcement officers accountable to the communities they serve. “The public’s interest in police misconduct is always at an extremely high level,” wrote NEFAC’s Gregory V. Sullivan. [...] Additional Coverage Advocates Want Police Discipline Hearings Open | InDepthNH HB 471 Would Make Police Disciplinary Hearings Public | Right to Know NH Newspaper Argues to Make Police Standards and Training Hearings Public | InDepthNH Merrimack County Judge Calls Secrecy of Police Decertification ‘Weird’ | Union Leader

NEFAC followed up this testimony with supplemental comments on Feb. 10, addressing the concerns of the New Hampshire Chiefs of Police. Read that letter here. Learn more about how NEFAC is helping to improve police accountability here.

Keeping the Light On in New Hampshire: Holding Government Accountable

March 15 | 6:30 p.m. | Online | Free NEFAC and the Nackey S. Loeb School of Communications will celebrate Sunshine Week with an online expert panel discussion on the New Hampshire Right to Know Law. The webinar will examine the values of open and responsive government and how all citizens play a role. [...]

MORE NEFAC COMMENTARY

Justin Silverman, executive director of the New England First Amendment Coalition, said, “It is inconceivable that this information would implicate anyone’s privacy interests. But even if it did, the public interest in knowing how many Rhode Islanders are being defrauded clearly outweighs whatever minimal privacy interests there may be.” “If this were any of other crime being investigated, we would be receiving this information,” he added. “We are looking for data, not personal information – just two numbers. There is no reason why an ongoing investigation should prevent this data from being disclosed.” [...]

Groups Call for Transparency on Beacon Hill

Justin Silverman, executive director of the New England First Amendment Coalition, said the Legislature is "notoriously secretive" and more transparency is needed. "Measures to open up the lawmaking process are long-overdue," said Silverman, whose group hasn't taken a formal position on the recommendations. "As citizens, we need more transparency to not only better understand how our government operates but to also keep tabs on our representatives and hold them accountable." [...]

McKee Refuses to Reveal Who Applied to Be RI’s New Lieutenant Governor

Justin Silverman, executive director of the New England First Amendment Coalition, argued Rhode Island voters should know who’s applying for such a potentially powerful job. Without that transparency, he added, Rhode Islanders will lose confidence in the process. “Only through open and public process can we be confident that the most qualified candidate will be chosen,” Silverman said. “We need to know who’s applying so we can have a better understanding of why certain applicants were given interviews while others were not. This type of transparency is needed in all corners of government, but it’s especially crucial when so much power and influence is at stake.” [...]

NEFAC is now on TikTok! Check us out at: @FiveFreedoms

MORE FOI & FIRST AMENDMENT NEWS Regional / National Groups Press Biden to Commit to Transparency | Politico Literary Group: Trump Suit Settlement Protects Journalists | Associated Press The Power of FOIA (audio) | WAMU A Cheerleader’s Vulgar Message Prompts a First Amendment Showdown | The New York Times Why Some States Won’t Share Race and Ethnicity Data on Vaccinations with the CDC—and Why That’s a Problem | The COVID Tracking Project What the Trump Administration Meant for Freedom of Information Requests | CJR 1st Circuit Upholds Border Searches of Phones and Laptops | Courthouse News Service Supreme Court Says California Worship Restrictions Violate Religious Rights | Washington Post Lawyers Call Trump's First Amendment Defense 'Legally Frivolous' | The New York Times Trump Impeachment Brief Cites First Amendment, Says Call to Fight Referred to Quest for Election Security | American Bar Association White House Reporters: Biden Team Wanted Our Questions in Advance | Daily Beast Connecticut Access to Courts, Juvenile Cases Appeals Court Rejects Secrecy When Kids are Prosecuted as Adults | Journal Inquirer Hartford Courant Wins Appeal Over Secrecy in Juvenile Crimes | Associated Press Constitutional Protections Prevail Over Good Intentions | The Day Appeals Court Rejects the State’s Effort to Seal Records and Require Secret Trials for Teens Accused of Murder, Other Serious Crimes | Hartford Courant Juvenile Cases Transferred to Ordinary Criminal Court Can't Be Categorically Sealed | The Volokh Conspiracy ___________________________________________ Profane Anti-Biden Flag Causing Controversy in Connecticut, Around the Nation | Hartford Courant Republican-American Reporter Complaint Leads to FOI Training for State Police | Republican-American Maine Police Records 367 Days Later: Maine Legislator Renews Call for Release of Deadly Police Shooting Videos | WGME 'They Should Be Ashamed:' Maine AG Blocks Release of Videos One Year After Police Shooting | WGME ___________________________________________ Reporting on Local Protests: How Newsrooms Cover Political Demonstrations Judicial Records: A First Amendment Right to Access Press Herald Sues Maine State Police Over Concealed Discipline Records | Press Herald Federal Appeals Court Strikes Down Maine’s Pioneering a la Carte Cable Law | Bangor Daily News Calvary Chapel Renews Challenge of Mills’ Religious Gathering Limits After Supreme Court Ruling | Bangor Daily News Massachusetts Secret Recording, Wiretap Statute What to Know About Somerville Mayor Joe Curtatone’s Lawsuit Against Barstool Sports | Boston.com Ill-Gotten Is Not Illegal, Barstool Sports Says of Recording | Courthouse News Service ___________________________________________ Saving Local Journalism: How a Legislative Commission is Looking for Solutions It’s Time to Bring Transparency to the Legislature; Rules Debate Can Lift Shroud of Secrecy From Work of the People's Representatives | CommonWealth MassHealth Employee Fired After Facebook Posts About Masks, Nazi Germany | The Lowell Sun Push for as Much Transparency as Possible | CommonWealth Fall River Teacher Who Was Fired Last Summer Over Facebook Post Sues City, Teachers' Union | The Herald News Protests Against Mass. Governor Take a Toll on Swampscott Community | NHPR Court: Employer Has No Free Speech Right to Republish Worker Healthcare Data that State Provides Conditionally | The Savory Tort New Hampshire NEFAC Argues for Open Law Enforcement Certification Proceedings Keeping the Light On in New Hampshire: Holding Government Accountable Bills Focus on Free Speech in N.H. Schools | NHPR N.H. Lawmakers Debate Banning Schools From Teaching About Systematic Racism and Sexism | The Concord Monitor Judge Dismisses Defamation Claims Surrounding Coverage of Suspected Art Forgery Case | The Concord Monitor Judge Hears Arguments to Unseal Arrest Warrant of Salem Cop | Union Leader N.H. Ban on Political Clothing at the Polls Up for Debate | NHPR HB 566 Addresses Requirement to Disclose Minutes Which Were Previously Undisclosed | Right to Know NH Rhode Island NEFAC Reacts to R.I. Gov. Gina Raimondo’s Rare Comments to Press Judge Rules Man Can Keep His 'FKGAS' Vanity Plate, Finds State Law Unconstitutional | Providence Journal State Agency Won’t Reveal Number of Victims of Unemployment Insurance Fraud | The Boston Globe ACLU Filing Lawsuit Against RI Dept. of Health on Behalf of GoLocal Over CDC Vaccine Emails | GoLocalProv ACLU Sues R.I. Attorney General Over Public Records Fee | The Boston Globe Vermont Filling the Local News Void: A Look at the Waterbury Roundabout Williston Agreed to Limit Disclosures About Two Cops Accused of Misconduct | Seven Days Bill to Criminalize Robocalls Put on Hold | VTDigger Vt. Man’s Lawsuit Claims Giving Cop the Finger Protected By Constitution | WCAX Governor’s Office Blocks NEK Television Host Steve Merrill From Press Briefings | VTDigger Records Requests Blocked as Court Seals Files in Ex-Police Officer Assault Case | VTDigger Taking Issue | Rutland Herald

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