The New England First Amendment Coalition recently testified in support of long-overdue protections for journalists’ sources and newsgathering materials.
Bills S1253 and H1738 would create a statutory framework to prevent journalists from being forced to disclose their sources and other information. Exceptions would exist for cases involving imminent violence or terrorism.
While there are some common law protections for journalists in Massachusetts, the state is just one of nine in the country without a statute clearly defining when a reporter or newsroom must disclose information in response to a subpoena.
“The reporting these newsrooms perform is critical to our communities yet their sources and notes remain vulnerable to disclosure even when they tell the most critical of stories,” explained NEFAC Executive Director Justin Silverman in written testimony submitted today.
“Fortunately, many of the larger newsrooms in the state have easier access to legal counsel and can challenge a subpoena. But even these organizations are burdened by inconsistent interpretations of the law, the shortcomings of existing common law protections, and the great financial cost of defending these rights in court,” he wrote.
In addition to his written testimony, Silverman joined a group of newspaper publishers, journalists and media law experts to testify in person at a July 15 hearing of the state’s Joint Committee on the Judiciary.
View his testimony along with remarks by attorney Jonathan Albano, a member of NEFAC’s Board of Directors. You can also listen to this NEFAC Report episode to learn more about the need for a shield law in Massachusetts.
“In addition to time and financial burdens, there’s also a chilling effect on journalism,” Silverman explained in NEFAC’s written testimony. “A source is less likely to come forward with information vital to the public’s interest if their anonymity cannot be protected. A journalist may be less inclined to pursue a sensitive story if they know their sources and notes may ultimately be disclosed in court.”
Silverman added that this “is the threat that 41 states have identified and already addressed with their own shield laws. Yet here in Massachusetts our journalists are still operating without the protection they need, reasonable protection that allows them to do their job without hindering a government’s interest in obtaining evidence in the most serious of cases.”
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s advocacy here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.