New England First Amendment Coalition

Subscribe | Archives

March 2026

If you enjoy reading this newsletter, please forward it to a colleague or friend. If someone forwarded you this newsletter, please subscribe!

‘They Don’t Even Pretend to Comply’: Mass. Agencies, Cities, and Towns Openly Flout Open Record Law

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 NEFAC Executive Director Justin Silverman.



▶ View Full Story

‘Gag Order’: State Police Reroute Comms Through Colonel’s Office

Sworn Connecticut State Police members are restricted from communicating directly with several offices, and instead, must forward requests through the chain of command of the Colonel’s Office under a September 2025 policy. Personnel who receive media requests are prohibited from speaking to the media and are required to “[i]nform the media requestor that you are not authorized to speak on behalf of the agency” and refer them to CSP’s Public Information Office.

“What’s being imposed here is a gag order, plain and simple,” said Justin Silverman, Executive Director of the New England First Amendment Coalition.



▶ View Full Story

Priced Out: FOI Requesters Sound the Alarm as Hourly FOIA Fees May Be Coming to Connecticut

In Connecticut, public agencies generally cannot charge requesters a fee for the time employees spend searching for public records. In recent cases, the Freedom of Information Commission has prevented state agencies from charging an upfront fee before requests are processed. However, these rulings have since been appealed. Advocates and requesters fear a successful appeal may bring changes to their ability to request public records without exorbitant fees.

“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,” said NEFAC Executive Director Justin Silverman.

▶ View Full Story

SJC Rules Charter Schools Must Comply with Public Records Law

The Massachusetts Supreme Judicial Court recently ruled that a Malden charter school cannot withhold documents requested under the state’s public records law. Charter schools qualify as government entities under the law because they perform a core public function and operate with taxpayer funding, the court concluded.

“It’s a win for the public’s right to know,” said Justin Silverman, Executive Director of the New England First Amendment Coalition.

▶ View Full Story

Other Commentary and Coverage

Bill Restricting Public Information Requests Moves Forward

Union Leader

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.

▶ View Full Story



▶ View NEFAC's Feb. 3 Testimony

Maine Considers Automatically Sealing Thousands of Low-Level Criminal Records

Maine Morning Star

Recently proposed legislation in Maine seeking to automatically seal certain criminal records would violate the U.S. Constitution, said Sigmund Schutz of Preti Flaherty — on behalf of the Maine Freedom of Information Coalition, New England First Amendment Coalition and Maine Press Association.

“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.”

▶ View Full Story