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FIRST AMENDMENT 
OF U.S. CONSTITUTION  
Congress shall make  
no law respecting an establishment of religion,  
or prohibiting the free  
exercise thereof; or  
abridging the freedom of speech, or of the press;  
or the right of the people peaceably to assemble,  
and to petition the  
Government for a  
redress of grievances. 
  
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2016 MAJOR SUPPORTERS  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
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 LEARN ABOUT OUR ANNUAL NEW ENGLAND FIRST AMENDMENT INSTITUTE 
  
  
  
  
  
 
 NEFAC'S ANNUAL  NEW ENGLAND FIRST AMENDMENT AWARDS 
  
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 We welcome contributions  
to the NEFAC Report from journalists, lawyers, academics  
or other advocates of  
government transparency. If  
you have something to add  
to the conversation, please let  
us know. Your stories, experiences and commentaries have broad appeal and value. 
  
  
  
  
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"Without some information about  
what railroads are actually doing, how  
can the public judge whether regulations  
are protective of  
human health and  
the environment?  
Ultimately, this type  
of thing undermines people's confidence  
 
 
  
NEFAC's Sigmund Schutz, an attorney at PretiFlaherty in Portland, Maine, discussing the need for more transparency among railroad carriers of hazardous waste. 
  
Source: Maine Center for Public Interest Reporting 2.10.16 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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"We have . . .  
concerns that could infringe on  
a person's First Amendment rights.  
 
 
to who they'd like to live  
 
 
 
 
their services up to then what you've created is  
 
 
 
 
 
 
  
NEFAC's Dan Barrett, an attorney at the ACLU of Connecticut, explaining the First Amendment concerns of barring sex offenders from public libraries. 
  
Source: Connecticut Post 2.21.16 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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"The secretary of state's office has expanded the public records law's 'personal privacy' exemption  
to a ridiculous extreme. The video  
in question shows a public figure walking through the most public of spaces - 
the parking lot of a municipal police station."
  
 
 "The privacy 
intended to protect against the disclosure of intimate details of  
 
 
 
a highly personal nature, where there  
 
 
 
 
 
is an insufficient countervailing public interest. The supervisor seems to equate it  
 
 
 
 
 
 
with embarrassment. That is a troubling interpretation of our already weak Public Records Law." 
 
 
 
  
 
  
NEFAC's Robert Bertsche, an attorney at Prince Lobel Tye in Boston, addressing a decision that allows law enforcement to withhold video showing an encounter with Chandler Jones of the New England Patriots. 
  
Sources: The Boston Globe 2.24.16, Commonwealth Magazine 2.23.16 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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"For every story you tackle, there are nine stories on the wait list. We could have 10 Spotlight teams. If a few young people decide to make journalism a career because of this film, that's good.  
 
 
The pay is horrible, but it's just a hell of a lot of fun." 
 
 
 
 
 
  
NEFAC's Walter V. Robinson discussing the movie "Spotlight," based on his investigative team's Pulitizer Prize-winning reporting for The Boston Globe, and the need for more watchdog journalism. 
  
Source: Vineyard Gazette 2.11.16 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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democracy. If you're elected to a public school board, that's really only when the board meets or if you are on an assignment from the board, otherwise you aren't  
 
 
 
 
 
or congresswoman, elected to represent you, but not representing you  
 
 
 
 
 
when he or she is just walking around the congressional district." 
 
 
 
 
 
 
 
  
NEFAC's Jim Smith discussing a local school board policy that allows officials to withhold information pertaining to their actions outside official meetings. 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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"Our Commonwealth's primary means to ensure accountability  
 
 
 
is becoming more and more elusive. With  
 
 
 
that can change. The momentum we have today has been building for 43 years. We need to make  
 
 
 
the most of the opportunity. There's  
 
 
 
 
 
  
Justin Silverman,  
NEFAC's executive director, encouraging the Mass. Senate earlier this month to pass strong public records reform legislation. 
  
  
  
  
  
  
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 NEFAC REPORT | February 2016 
 
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New England First Amendment Awards 2016 
 
 
 
 
 
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NEFAC Honors Sen. Patrick Leahy With 
Stephen Hamblett First Amendment Award 
Annual Freedom of Information Award to Be Named After 
Michael Donoghue, Retired Burlington Free Press Reporter 
 
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As part of its annual luncheon, NEFAC honored U.S. Sen. Patrick Leahy with its Stephen Hamblett First Amendment Award. Jenifer McKim of the New England Center for Investigative Reporting received the coalition's Freedom of Information Award. Michael A. Champa received the Antonia Orfield Citizenship Award. The coalition also announced during the luncheon that its annual Freedom of Information Award will be named after long-time NEFAC board member, Michael Donoghue, who recently retired from the Burlington Free Press after more than 40 years in its newsroom. [More] 
  
      About NEFAA2016 
       
 Additional Coverage of NEFAA2016 
 
  
 
 
 
 
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NEFAC, Journalism Groups Continue to Push Federal Agencies for Better Policies  
 
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An alliance of more than 50 journalism and open government advocacy organizations, including the New England First Amendment Coalition, continues to push for more transparency within the federal government.  Several journalists and attorneys representing the alliance met with White House Press Secretary Josh Earnest late last year to voice concerns about policies within federal agencies that impede access to information such as blocking reporters' requests for interviews and excessive delays in answering interview requests. [More] 
 
 
 
 
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In Battle for Information About Maine Railroads and Hazardous Materials, Commercial Interests Winning  
 
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In Maine, the Legislature's Judiciary Committee reviews any proposed exemption to the state's Freedom of Access Act. You'd like to think that after 459 exemptions in the law's 40-year history, the committee would - at the very least - have the process down cold. Sadly, you'd be wrong. [More] 
 
 
  
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Now is Time to Reform Public Records Law; Senate Needs to Make Most of Opportunity  
 
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The Massachusetts Senate released a bill earlier this month that could help fix our broken public records law. While the legislation (S.2120) is much stronger than the lackluster proposal by the House last year, the Senate needs to now decide the fate of the many proposed amendments that could drastically affect the future of open government in the Commonwealth. [More] [Additional Coverage] 
 
 
  
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Conn. FOI Ruling Should Challenge  
School Board That 'Does Not Exist'  
 
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Go ahead, read it again. It is a true monument to democracy. If you're elected to a public school board, that's really only when the board meets or if you are on an assignment from the board, otherwise you aren't a member. Consider your congressman or congresswoman, elected to represent you, but not representing you when he or she is just walking around the congressional district. The first thing our FOI commission must do is strike down that absurd section of Norwalk's school board bylaws. [More] 
 
 
  
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Other FOI and First Amendment News 
 
 
 
 
 
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      National 
  
            Police Body Cam Policies 
            Donald Trump, Libel Law 
    Connecticut 
   UConn Foundation, Transparency  
            'Second Chance' Legislation, Privacy 
    Maine 
            Prison Inmates, Free Speech  
    Massachusetts 
  
             Public Records Reform 
            Chandler Jones, Police Records 
            Easthampton Mayor, Public Record Violations 
            Tsarnaev Trial, Access to Court Info 
 
    New Hampshire  
  
            HB 1611, Fees for Public Records 
    Rhode Island 
  
            APRA, Judicial Background Checks 
 
    Vermont 
  
            Bellows Falls, Public Records 
 
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