An activist-journalist SLAPPs back

Adam Gaffin has posted an excellent summary of an important press-freedom case that will be argued before the state’s Supreme Judicial Court on Monday.

Fredda Hollander, an activist-journalist who once wrote for a local newspaper called the Regional Review, is arguing that a libel suit filed against her by a North End developer should be thrown out on the grounds that it amounts to harassment illegally aimed at silencing her.

The developer, Steven Fustolo, counters that the law on which Hollander is basing her claim — a state law that bans “strategic lawsuits against public participation” — was never intended to protect journalists.

Disclosure: I was a paid expert for Hollander, writing an affidavit arguing that community-based advocacy journalism should be protected under the so-called anti-SLAPP law.

Another distinguished nominee

Massachusetts Attorney General Martha Coakley throws her hat in the ring for a coveted 2010 Boston Phoenix Muzzle Award.

The Boston Herald keeps pounding away on Coakley’s absurd claim that she’s legally prohibited from talking about her campaign when she’s on state business — or even when she’s in the Statehouse.

It’s bad enough that she’d muzzle herself. But if she really believes what she’s saying, then she would muzzle others as well.

Bring lots of quarters

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State officials have ruled that it’s all right for the Cambridge Police Department to charge the Cambridge Chronicle $1,215 for nearly a month’s worth of public records. The Chronicle had sought descriptions of criminal suspects, the addresses of those who had been arrested and the addresses to which police responded between July 1 and 27.

“Given that a large number of documents, which may contain sensitive information about the identities of the victims and witnesses, are required to be properly viewed, I consider this to be a reasonable fee estimate provided by the department,” the Chronicle quotes Alan Cote, the records supervisor for the secretary of state’s office, as saying.

Trouble is, the Chronicle contends that, before June, the police had routinely been making most of that information available. Even though the state has now found that the police are not doing anything illegal by withholding certain types of information from its daily public reports, the police department is nevertheless moving in a direction of less openness — not a good thing for any law-enforcement agency, let alone one that is in the midst of an investigation stemming from the arrest of Harvard scholar Henry Louis Gates.

As I wrote when this first came up in August, the fees being imposed by the police department are an outrageous breach of the public’s right to know. And it’s not being done in isolation. Last month the Boston Globe reported on public officials who are using high fees to discourage bloggers and financially struggling news organizations from obtaining public records.

It’s time for elected officials who believe in governmental openness to rethink the practice of charging high fees for information that, by right, ought to be freely available to the public.