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Commentary: Massachusetts needs a journalist shield law

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Commentary: Massachusetts needs a journalist shield law


When a government whistleblower risks a career to expose corruption to a journalist, the first question is always the same: Will my name be kept out of it?

The same is true when a hospital employee reveals a cover-up, when a church insider exposes abuse, or when a corporate source provides evidence that a company has concealed the dangers of its products.

In 41 states and the District of Columbia, a journalist can answer that question with the weight of law behind the promise. In Massachusetts, a journalist cannot.

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That is unacceptable for a commonwealth that calls itself the cradle of American liberty and a birthplace of the free press.

And it is also dangerous, especially now, at a moment when journalists face escalating hostility, when federal officials openly threaten and demean the press, and when the legal protections that make independent journalism possible are under assault from multiple directions.

Two bills pending on Beacon Hill would remedy that. House Bill 4638 and Senate Bill 1253, both titled “An Act Relative to the Free Flow of Information,” would establish a statutory reporter’s privilege in Massachusetts, protecting journalists from being compelled to disclose confidential sources or unpublished information except in narrowly defined circumstances involving national security, imminent violence or a defendant’s constitutional right to a fair trial.

Last fall, both the House and Senate members of the Joint Committee on the Judiciary gave these bills a favorable report — marking the first time a shield law bill has ever cleared committee in Massachusetts. Since then, however, the bills have languished. Now, their fate is down to the wire.

The clock is ticking. The formal legislative session ends July 31. If both chambers do not bring these bills to a floor vote by then, the legislation dies, and the entire effort has to start over in the next session.

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We urge House Speaker Ronald Mariano, Senate President Karen Spilka, and the leadership of both chambers to ensure that a shield law goes to a vote before time runs out.

The need is more urgent than ever. Just last week, the U.S. Supreme Court declined to intervene in the case of Catherine Herridge, a veteran investigative reporter facing daily fines of $800 for refusing to reveal a confidential source. Herridge’s case arose in federal court, where no shield law applies.

But Massachusetts journalists face a similar vulnerability in state court, where judges apply a discretionary balancing test that has produced inconsistent and unjust outcomes. In the Ayash v. Dana-Farber Cancer Institute case, a reporter and his newspaper were held in contempt for refusing to identify a confidential source — even though the underlying claims were ultimately dismissed.

In Commonwealth v. Karen Read, the trial court reversed its own ruling on a reporter’s claim of privilege, underscoring the current standard’s unpredictability.

This legal uncertainty has real-world consequences.

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Sources with information the public should know — about government misconduct, about institutional abuse, about threats to public health and safety — are reluctant to come forward.

Reporters at small and local newspapers, the very outlets that cover city halls and school committees and police departments, face the prospect of costly court battles they cannot afford every time a subpoena lands on an editor’s desk.

A statutory shield law would replace that uncertainty with clearly defined protections, replacing individual judges’ unguided discretion with an unambiguous legal standard on which everyone could rely. The commonwealth’s outlier status grows more conspicuous each year.

In March 2025, Idaho became the latest state to enact a shield law, with its Republican-led legislature approving the law unanimously. There is no reason for Massachusetts not to follow suit.

This legislation carries no fiscal cost. It has no formal opposition. It has the support of every major news and press organization in the state, as well as of the ACLU of Massachusetts and Common Cause. What it needs now is a vote. The people of Massachusetts deserve the same protections for a free and vigorous press that citizens in the vast majority of states already enjoy. The Legislature has just weeks to act. It should not let this historic opportunity slip away.

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Robert J. Ambrogi is the executive director of the Massachusetts Newspaper Publishers Association.



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How are juries selected in Mass.? Lindsay Clancy case puts process in spotlight

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How are juries selected in Mass.? Lindsay Clancy case puts process in spotlight


The mistrial in the Lindsay Clancy case is raising questions about how jurors are selected in Massachusetts.

The high-profile trial against the Duxbury mother charged with murder in the deaths of her three children ended with a hung jury earlier this month.

All prospective jurors must answer a confidential questionnaire that asks if a person has been arrested, charged with a crime or served with a court order, among other questions.

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For the most part, it’s an honor system, although some prosecutors conduct background checks.

For weeks, the Lindsay Clancy trial put postpartum mental health under a microscope, and today, Gov. Maura Healey acknowledged the conversation has reached a new level, announcing new steps she says could help struggling parents get help sooner. She met with parents as she announced new funding

The document is used to pick jurors and typically remains as part of the court record.

“It really would be a criminal offense to lie during jury selection or to write untruths or to leave things out, when they are filling out their juror form,” said legal expert Peter Elikann, a criminal defense attorney.

The jury does its work behind closed doors, but, generally speaking, their names are part of the public record.

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“The whole case, including the jurors’ names, [is] part of the public record, but in certain high-profile cases, judges can decide to impound those names, and that is important,” said legal expert Margo Lindauer, a professor at Vermont Law School.

Judge William Sullivan planned to release the names this week but has extended his order impounding the names of the jurors in the case, keeping them secret because of scrutiny from the media and the public. He also issued a new order impounding the names of prospective jurors called between July 20 and July 24.

The juror lists in the two Karen Read criminal trials were impounded as well. Elikann says it’s a growing trend.

“You do have, unfortunately, people who will harass or bother or threaten jurors if they don’t like the results of a case,” he said.

And on the other side, Lindauer said she’s hearing from lots of people “who say they’ll never want to sit on a jury now.”

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Massachusetts Elections: Who’s Leading In Prediction Markets?

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Massachusetts Elections: Who’s Leading In Prediction Markets?


All nine incumbents running for re-election in Massachusetts’ U.S. House races this fall are heavily favored, prediction markets suggest. Prediction markets also favor incumbent U.S. Sen. Ed Markey and incumbent Gov. Maura Healey for re-election.

That means there likely won’t be much election mys



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3 charged in Ludlow home invasion that left man injured

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3 charged in Ludlow home invasion that left man injured


Three people have been arrested after a home invasion last week in Ludlow, Massachusetts.

Police responded around 9:30 a.m. Thursday to a Williams Street home where the incident occurred.

Two men allegedly broke into the residence, with one pistol-whipping a resident and the other punching a resident.

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Authorities said the incident left a man with a significant head injury. They did not say if anyone else was hurt.

After the attackers fled the area, police said they used Flock Safety cameras to identify a vehicle being sought. That vehicle was stopped by police in Chicopee.

Ludlow police said 25-year-old Ajaia Gladden of Palmer, 30-year-old Jaila Warren of Chicopee and 26-year-old Shamal Thomas of Springfield were arrested.

All three face charges of armed home invasion, assault and battery with a dangerous weapon, armed assault in a dwelling, breaking and entering in the daytime while armed, carrying a loaded firearm without a license, possession of a large capacity feeding device and leaving a firearm in a vehicle, according to police.

Police did not say which two suspects were accused of breaking into the home. All three were arraigned Friday in Springfield District Court. No attorney information was available.

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