The New England First Amendment Coalition testified today against legislation that would allow public agencies to deny records to those who are not considered New Hampshire “citizens.”
SB 626 permits right-to-know requests to persons domiciled or maintaining a permanent residence in New Hampshire and would require proof of domicile or residency.
“We see Senate Bill 626 as a trade barrier to information,” explained Mark Hayward on behalf of NEFAC at a Senate Judiciary Committee hearing on the bill. “We’re a small state and we’re surrounded by other small states. People travel between our states. They transact business. They form relationships.”
While all news organizations regardless of location would be exempt from these requirements, NEFAC still considers the bill concerning for several reasons. In a February 3 statement to the committee, NEFAC and the ACLU of New Hampshire explained that the bill:
• Would limit transparency with respect to certain public records, even when producing the records would not be unduly burdensome.
• Fails to recognize that New Hampshire state and local policy and law enforcement choices often have an impact beyond state borders.
• Suggests that public bodies may be able to make the unilateral decision as to who is a “citizen.”
• Doesn’t explain how the changes would intersect with the ability to make anonymous requests, which currently is allowed under the state’s public records law.
“The vast majority of states do not have a state citizenship requirement under their public records laws,” NEFAC and the ACLU wrote. “This is for good reason.”
NEFAC is the region’s leading advocate for First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s work and read about its recent advocacy.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.