First Amendment – Media Nation

The Society of Professional Journalists blasts Massachusetts for a ‘troubling lack of transparency’

*The Massachusetts Statehouse. Photo (cc) 2024 by Dan Kennedy.*

The Society of Professional Journalists has named the State of Massachusetts recipient of its 2026 Black Hole Award, an annual dishonor recognizing government entities that demonstrate a troubling lack of transparency and disregard for the public’s right to know.

This article is a press release from the Society of Professional Journalists, republished here by permission.

The award is presented each year during Sunshine Week, a national initiative promoting open government and access to public information.

The SPJ Freedom of Information Committee selected Massachusetts for deficiencies in the state’s public records law, including broad exemptions, weak enforcement mechanisms and persistent delays that limit access to government information.

“Access to public records is not optional — it is a cornerstone of a functioning democracy,” said FOI Committee Chair Michael Morisy. “When broad swaths of government operate outside public records laws, or when compliance is routinely delayed or obstructed, the public’s right to know is fundamentally compromised.”

Despite a legal framework that purports to guarantee access to public records, Massachusetts remains one of the few states in which the governor’s office, legislature and judiciary are largely exempt from public records requirements — leaving significant portions of the state government shielded from public scrutiny.

In addition, reporting has shown that:

Requests for public records are frequently delayed or ignored, despite statutory deadlines
Excessive fees are sometimes used to discourage or block access to records
Enforcement mechanisms are limited, often leaving requesters with no option but costly and time-consuming litigation
Compliance is inconsistent across agencies, with little centralized oversight or accountability

The committee also noted that Massachusetts is not alone in facing transparency challenges, with similar issues emerging in states across the country. However, the scope and persistence of these issues within Massachusetts make it a particularly clear example of the systemic barriers that continue to limit public access to government information.

“The public should not have to fight, wait or pay exorbitant costs to understand how their government operates,” said SPJ National President Chris R. Vaccaro. “Transparency delayed or denied is accountability denied — and that undermines the very foundation of public trust.”

The Black Hole Award is intended to call attention to actions and policies that restrict transparency and to encourage reforms that strengthen access to public records at all levels of government. Massachusetts was nominated by the SPJ New England Chapter.

SPJ presents the award annually to highlight the importance of open records, open meetings and the free flow of information in a democratic society.

Last year’s recipient was the Utah State Legislature for repeatedly undermining transparency by amending the state’s Government Access and Management Act to block the release of public records — even after court orders mandated their disclosure.

The Washington Post stands firm in a vital First Amendment battle over its Pentagon tip line

*The Pentagon. Photo (cc) 2009 by Rudi Riet.*

If you’ve canceled your subscription to The Washington Post because of the rightward lurch of its opinion section, the decimation of the newsroom or both, I have news that might surprise you: The paper is involved in a vitally important First Amendment battle over its right to report on the Pentagon.

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Erik Wemple, himself a Post alumnus, reports in The New York Times that the Trump regime’s objection to a tip box the Post has been publishing has emerged as an issue in a lawsuit brought by the Times over the Pentagon’s restrictions on journalists.

Continue reading “The Washington Post stands firm in a vital First Amendment battle over its Pentagon tip line”

The Mass. public records law needs some teeth. Will 2026 be the year that it happens?

Massachusetts has long been notorious for being one of the least progressive states with regard to government transparency. The state’s public records law is alone in exempting the governor’s office, the Legislature and the judiciary, leaving cities, towns, counties and the state’s executive agencies as the only government bodies that may be compelled to produce documents when requested to do so by journalists or members of the public.

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What’s worse, there are few penalties for failing to comply with the law. As John Hilliard observes (sub. req.) in The Boston Globe:

In Massachusetts, the state law’s deadlines for fulfilling records requests can be ignored, workers can conspire to overestimate costs, elected officials can spend years fighting requests in court, or not bother releasing records at all. No one tracks whether local governments like cities and school districts follow the law; state agencies self-report requests, but not the reasons why they refuse them.

Michael Morisy, the chief executive of Boston-based MuckRock, who’s been helping people file public records requests for years, told the Globe: “It’s among the worst states when it comes to public records access.”

Continue reading “The Mass. public records law needs some teeth. Will 2026 be the year that it happens?”

A reporter’s home is raided, and the Justice Department is admonished for withholding information

*U.S. Justice Department. Photo (cc) 2006 by Coolcaesar.*

Should a judge be expected to know when a prosecutor’s request is illegal? I would have thought so. But that turns out to be not the case with regard to a Washington Post reporter whose home was raided by the FBI last month as part of a leak investigation targeting a Pentagon contractor.

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New York Times reporter Charlie Savage reported recently that the Justice Department had failed to tell a judge that a 1980 federal law prohibited the government from seeking a journalist’s reporting materials in most instances. Because of that failure, the judge issued a warrant to search the home of Post reporter Hannah Natanson — a shocking move given that journalists are generally summoned to court and given an opportunity argue against being forced to turn over their documents.

Continue reading “A reporter’s home is raided, and the Justice Department is admonished for withholding information”

Northeastern journalism faculty members condemn the arrests of Don Lemon and Georgia Fort

As current and former faculty members at Northeastern University’s School of Journalism, we condemn the unconstitutional arrests of independent journalists Don Lemon and Georgia Fort. We are instructors, mentors and colleagues of young journalists, and we believe it is imperative that we stand up for the vital role of a free and unfettered press in a democratic society.

The Justice Department has filed charges against Lemon and Fort for the crime of committing journalism when they accompanied activists who entered Cities Church in St. Paul, Minnesota, on Jan. 18. The activists were there to protest the pastor’s alleged employment by ICE. The journalists were there to observe, to live-stream the proceedings and to interview participants, church members and the pastor before leaving the church. In so doing, they engaged in activities protected by the First Amendment with the goal of informing the public about the Trump administration’s deadly and illegal occupation of the Twin Cities.

As Amnesty International put it: “Journalism is not a crime. Reporting on protests is not a crime. Arresting journalists for their reporting is a clear example of an authoritarian practice.” We call on the Justice Department to drop all charges against Lemon and Fort and to acknowledge the centrality of journalism in holding the government and other powerful institutions to account.

Note: Our statement was published earlier this morning by The Huntington News, Northeastern’s independent student newspaper.

Belle Adler
Rahul Barghava
Mike Beaudet
Matt Carroll
Myojung Chung
Ellen Clegg
Charles Fountain
John Guilfoil
Meg Heckman
Carlene Hempel
Marcus Howard
Jeff Howe
Dan Kennedy
William Kirtz
Catherine Lambert
Laurel Leff
Peter Mancusi
Meredith O’Brien
Jody Santos
Alan Schroeder
Jeb Sharp
Dan Zedek

Note: The list of signatories has been updated.

A stunning violation of the First Amendment as the Trump regime arrests two journalists

*Don Lemon. Photo (cc) 2019 by Ted Eytan.*

The Trump regime has taken direct aim at the First Amendment, arresting four people — including two journalists — for their role in a protest at a church in St. Paul, Minnesota, earlier this month. The journalists are Don Lemon, a former CNN anchor who’s now independent, and Georgia Fort, an independent reporter based in the Twin Cities who recorded her thoughts just before she was arrested and posted a video on Facebook.

Lemon and Fort accompanied protesters as they made their way inside a church to protest what they claimed were the pastor’s ties to ICE. They were there to live-stream and report on what happened, and the Department of Justice hasn’t produced a scintilla of evidence that their activities went beyond that. This is a grotesque violation of the First Amendment. I’m tempted to say that it’s shocking, but it’s not. Stunning?

Here is yet another independent journalist, former Washington Post reporter Philip Bump, on Bluesky:

The thing about this is that I don’t know a single journalist who will be intimidated by Don Lemon being arrested? But, then, that’s not why the administration is doing this. The founders couldn’t have imagined a president violating core freedoms for the purposes of social-media accolades.

— Philip Bump (@pbump.com) 2026-01-30T13:42:06.336Z

The Committee to Protect Journalists weighed in earlier today.

The Committee to Protect Journalists (CPJ) strongly condemns the arrests of journalists Don Lemon and Georgia Fort for their reporting on a protest in Minnesota, arrests which mark a serious escalation of attacks on the press in the United States.

“This is an egregious attack on the First Amendment and on journalists’ ability to do their work,” said CPJ CEO Jodie Ginsberg. “As an international organization, we know that the treatment of journalists is a leading indicator of the condition of a country’s democracy. These arrests are just the latest in a string of egregious and escalating threats to the press in the United States — and an attack on people’s right to know.”

Lemon, who formerly reported for CNN and now publishes on Substack, was arrested Thursday night; Fort, an Emmy-winning filmmaker, was arrested Friday morning. Both arrests were in relation to their coverage of a protest at a Minnesota church led by local activists against immigration enforcement operations in the state.

Lemon was arrested in Los Angeles, where he was reporting on the Grammy Awards. Here is what his lawyer, Abbe Lowell, had to say:

Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done. The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.

Instead of investigating the federal agents who killed two peaceful Minnesota protesters, the Trump Justice Department is devoting its time, attention and resources to this arrest, and that is the real indictment of wrongdoing in this case. This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.

Update, Jan. 31. The Washington Post has published a visual investigation of Lemon’s activities at the church. As you’ll see, it’s pretty unremarkable — Lemon enters, interviews people and leaves.

By raiding a reporter’s home, Trump and his thugs have escalated their attacks on a free press

Barack Obama’s administration threatened reporters with jail if they refused to turn over their confidential sources. But he didn’t order raids on reporters’ homes. Photo (cc) 2024 by Gage Skidmore.

Back in 2012, I wrote an opinion piece for The Huffington Post (now just HuffPost) that I headlined “Obama’s War on Journalism.” The premise was that Barack Obama, like George W. Bush and other presidents before him, was disrespecting the First Amendment’s protection of independent journalism by taking reporters to court and theatening them with jail if they didn’t reveal the identities of White House sources leaking to them.

At least Obama, Bush et al. were following a legal process. As The Associated Press reports, Donald Trump’s FBI, headed by the buffoonish but dangerous Kash Patel, raided the home of a Washington Post journalist to grab what they claimed were classified documents provided by a Pentagon contractor.

Continue reading “By raiding a reporter’s home, Trump and his thugs have escalated their attacks on a free press”

One good reason the shutdown should have continued; plus, a settlement in Kansas, and Kara Miller’s new podcast

*Senate Democratic Leader Chuck Schumer has been harshly criticized for his handling of the government shutdown. Photo (cc) 2024 by the Jewish Democratic Council of America.*

We’ve been hashing out the pros and cons of ending the government shutdown on Facebook this week. My position has been that the Democrats shouldn’t have caved, but that it was a close call. Certainly the shutdown couldn’t have gone on too much longer, especially with families in danger of going hungry and federal workers not receiving paychecks.

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More than anything, I didn’t see any possible way that the Democrats could achieve their stated objective of forcing Donald Trump and the Republican Congress to extend health-care subsidies. The government could have stayed shut for six more months and that wouldn’t have changed.

Continue reading “One good reason the shutdown should have continued; plus, a settlement in Kansas, and Kara Miller’s new podcast”

A second Muzzle Award to the Mystic Valley charter school — this time over a public records dispute

Update, March 12, 2026: The Supreme Judicial Court ruled against Mystic Valley on March 10. “Today’s decision reaffirms, once again, what Massachusetts law has made clear for more than three decades: Charter public schools are public schools,” said Tim Nicolette, executive director of the Massachusetts Charter Public School Association. Jennifer Smith of CommonWealth Beacon reports.

***

Imagine, if you will, a public school, supported by taxpayer dollars, claiming that it’s a private corporation and doesn’t have to comply with the state’s public records law. It is absurd on the face of it. Yet that’s what the Mystic Valley Regional Charter School is arguing in a case before the Supreme Judicial Court.

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According to an account by Jennifer Smith in CommonWealth Beacon, at least two of the justices appeared to be unimpressed by the Malden-based school’s claims when the case was argued at a recent hearing.

“You’re in real trouble,” Justice Scott Kafker told Charles Waters, a lawyer for the school, explaining, “It quacks like a duck, it waddles like a duck, it paddles like a duck.” Added Justice Dalia Wendlandt:

I understand charter schools were created to be independent in certain ways, to foster innovation in education and have the ability to do that in a way that the average public school does not. Good. But that doesn’t carry you to the argument that they’re not subject to the public record law.

At issue are some 10 instances in which public records were sought by a Facebook-based local news organization called the Malden News Network, Commonwealth Transparency and Malden mayoral candidate Lissette Alvarado. Smith reports that the requested information includes “corporate statements, contracts, ledgers, lease records, conflict of interest disclosures filed by board members, payments made to employees or professional services, and confidentiality and non-disclosure agreements.”

The case dates back to mid-2023, when state Attorney General Andrea Campbell filed a legal action against the school to force it to comply with the public records law. For fighting so stubbornly to conduct the public’s business behind closed doors, the Mystic Valley school has earned a New England Muzzle Award — its second. In 2017, I awarded a Muzzle to the school for discriminating against Black students by banning long braids and dreads. In 2022, the school sent a female Muslim student home because she was wearing a hijab in violation of the student dress code.

Despite the school’s reputation for academic excellence, there is clearly a culture problem that needs to be addressed.

According to Smith’s report in CommonWealth Beacon, Mystic Valley is claiming that it’s not subject to the public records law because “Charter schools, in their view, are public schools that are structured and treated in some ways more like corporations.” Among those disagreeing is the Massachusetts Charter Public School Association. Then again, Mystic Valley is one of just three charter schools that are not members of that organization.

In an editorial (sub. req.) calling for the SJC to rule against Mystic Valley, The Boston Globe observes that the school has already lost in decisions rendered by the state supervisor of records, the attorney general and a Superior Court judge. The editorial concludes: “Charter schools have been a great asset to Massachusetts families; indeed, Mystic Valley has been ranked as one of the best schools in the state. But that’s not the issue here. The issue is that the public has a right to know how their tax dollars are being spent.”

A ruling in favor of the Des Moines Register bodes well for defeating a bogus lawsuit brought by Trump

Even as major media organizations like ABC’s parent company, Disney, and CBS’s, Paramount, were settling bogus lawsuits filed by Donald Trump in order to demonstrate their submissiveness, an unlikely defender of the First Amendment has emerged: USA Today Co., which until earlier this week was known as Gannett.

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A federal judge on Thursday threw out a class-action lawsuit charging that Gannett’s Des Moines Register and pollster J. Ann Selzer committed fraud when they reported days before the 2024 election that Kamala Harris held a three-point lead over Trump in Iowa. As you may recall, the poll results created a sensation, but they turned out to be wrong: Trump won Iowa by 13 points, which was about what you’d expect.

The class-action suit was brought by a resident of West Des Moines named Dennis Donnelly, who claimed that he and other Register subscribers were victims of fraud because the Register acted with “intentional deceit or reckless disregard,” according to Emma Brustkern of WFAA-TV.

The suit is similar to one brought by Trump himself against Gannett, the Register and Selzer (he later dropped Selzer from the claim), calling the poll “brazen election interference.” That is, of course, a ridiculous allegation. More than anything, pollsters want to get it right, but sometimes they get it wrong. And sometimes, as in the case of Selzer in 2024, they get it very wrong. As U.S. District Judge Rebecca Goodgame Ebinger writes in her decision:

No false representation was made. Defendants conducted a poll using a particular methodology which yielded results that later turned out to be different from the event the poll sought to measure. The results of an opinion poll are not an actionable false represention merely because the anticipated results differ from what eventually occurred.

Trump’s own lawsuit is likely to meet a similar fate. So good for USA Today Co., which has shown a stiffer spine than some other media companies. Rather than allowing itself to be used by the Trump regime as a way of weakening the First Amendment, it is standing up to authoritarianism.