Justin Silverman – RI Future

Below are brief statements from five media and free speech organizations, including the Rhode Island Press Association, expressing thanks to Governor Gina Raimondo for vetoing a so-called “revenge porn” bill that would have had a chilling effect on free speech rights.

The groups had requested the Governor to veto the legislation, stating that the bill was so broadly worded that it could make criminals of people involved in neither revenge nor porn, and would have a direct impact on the First Amendment rights of the media. The bill could have limited the distribution of a wide array of mainstream, constitutionally protected material, including items of legitimate news, commentary, and historical interest. For example, use of images of Holocaust victims or prisoners at Abu Ghraib or, to take a more recent example, some of the infamous Anthony Weiner photos, would have likely been prohibited under the terms of this legislation.

Linda Lotridge Levin, Rhode Island Press Association: “The Rhode Island Press Association applauds Governor Raimondo for her veto of this bill which would have had some serious implications for the news media in the state. The legislation, as written, would have meant the news media could face criminal penalties if they were unable to prove to a jury that photos they published were in the public interest. This would have a chilling effect in a society where a free press is essential to our democracy.”

Chris Finan, Director of the American Booksellers for Free Expression: “Booksellers are very grateful to Governor Raimondo for recognizing that the bill passed by the legislature does not provide sufficient safeguards for the sale of books and other First Amendment-protected material. Without such safeguards, there would be a chilling effect, leaving booksellers uncertain about whether a book on the shelf is illegal and must be removed. Future legislation on this subject should require evidence of malicious intent in the distribution of these images.”

David Horowitz, Executive Director of the Media Coalition: “We applaud the Governor’s decision to veto this bill and protect the First Amendment rights of publishers, booksellers, librarians, photographers, and others First Amendment rights. The legislature can address malicious invasions of privacy without treading on free speech, with a law that is carefully tailored to address real harms. This legislation is not.”

Justin Silverman, Executive Director of the New England First Amendment Coalition: “We are pleased that Governor Raimondo vetoed this well-intended though unconstitutionally broad legislation. By doing so, she helped protect the First Amendment rights of Rhode Island residents and prevented a chilling effect on public interest journalism. We welcome the opportunity to work with legislators and privacy advocates to make sure any future legislation adequately addresses the harm of revenge porn while also preserving our First Amendment freedoms.”

Steven Brown, Executive Director of the ACLU of Rhode Island: “We commend the Governor for recognizing the serious First Amendment concerns raised by this legislation, and for the need to enact a more carefully-crafted law that will pass constitutional muster. We also wish to thank Rep. Edith Ajello for her efforts in trying to get the bill amended to meet First Amendment standards as it made its way through the General Assembly.”

While the bill does include an exemption for items that are “in the public interest,” the groups pointed out in requesting the Governor to veto the legislation that this does not offer news publishers any meaningful protection, as the final determination of whether the material constitutes a matter “in the public interest” would be left to a jury. Editors and producers would have no way of knowing in advance whether an image would be deemed to fall into this category or not, which would create a substantial and unconstitutional chilling effect on speech. Other states in New England that have enacted this type of legislation have passed much narrower versions to mitigate these constitutional concerns.

Citing a recent “pattern of disturbingly inadequate” responses to open records requests “on truly critical matters of public import,” five open government organizations have called on Governor Gina Raimondo to issue an executive order that calls on state agencies to “adopt a strong presumption in favor of disclosure in addressing requests for public information.”

In a letter sent Tuesday to Gov. Raimondo, the five organizations — ACCESS/RI, American Civil Liberties Union of Rhode Island, Rhode Island Press Association, New England First Amendment Coalition, and League of Women Voters of Rhode Island — cite three recent incidents in which state agencies addressed Access to Public Records (APRA) requests. The groups called the handling of each of these requests “questionable” and indicative of a “disinterest in promoting the public’s right to know.”

In the first incident, according to the Providence Journal, the state Department of Transportation provided an incomplete response to a reporter’s request for records related to the administration’s hotly debated truck toll proposal, failed to properly request an extension of time to respond, and then denied records without specifying what was withheld or whether there was any information in the withheld documents that could be released, as required by law.

In another instance, the administration denied the release of any records related to the hiring of former state Representative Donald Lally, citing “attorney-client privilege” and an APRA exemption for “working papers.” While the groups said it was reasonable that some documents might not be disclosable, they called the blanket denial of all records “untenable on its face.”

The third incident involves the Executive Office of Health and Human Services’ refusal to release an application filed with the federal government for additional funding for the state’s Unified Health Infrastructure Project. The department claimed the application and related documents were “still in development” despite the fact that the application had already been submitted for approval.

“From our perspective, none of [these responses] occupies a ‘shade of gray’ in interpreting APRA. Rather, precisely because they are so clear-cut, they warrant decisive action on your part in order to address the lackadaisical interest in a strong APRA that the responses embody,” the groups argued in the letter.

Representatives from the organizations said today that by issuing an executive order emphasizing the Administration’s commitment to open government, Gov. Raimondo would better ensure transparency and accountability from state executive agencies.

Linda Lotridge Levin, president of ACCESS/RI, said: “It is incumbent on public officials to make access to public records a priority if they expect to maintain the public’s trust. The instances cited in the letter to the governor show that some public officials choose to remain oblivious to the state’s Access to Public Records Act that mandates that the workings of government remain transparent, accessible and accountable to its citizens. We in ACCESS/RI urge Governor Raimondo to ensure that members of her administration adhere to the law and to respond in a timely manner to all public records requests.”

Steven Brown, ACLU of RI executive director, said: “Governor Raimondo’s first executive order upon taking office addressed compliance with state ethics laws. In passing, it also urged state officers and employees to ‘be mindful of their responsibilities’ under the open records law. Because they have not been mindful, we believe an executive order specifically establishing a presumption of openness in responding to APRA requests will better promote that key responsibility.”

Justin Silverman, executive director of the New England First Amendment Coalition added: “This is an opportunity for Gov. Raimondo to remind those working under her leadership that government transparency is a top priority and that the public’s right to know must be protected. These recent APRA responses are concerning and the governor should make clear that the statute needs to be taken more seriously. Timely responses need to be made and records should be disclosed whenever possible. An executive order to this effect would help build trust between the people of Rhode Island and their elected leaders.”

Jane W. Koster, president of the League of Women Voters of RI, stated: “It is of the utmost importance that the citizens of Rhode Island’s ‘right to know’ be protected and broad citizen participation in government be encouraged. The League of Women Voters of the United States and LWVRI believe that democratic government depends upon informed and active participation at all levels of government. It further believes that governmental bodies protect this ‘right to know’ by giving adequate notice of proposed actions, holding open meetings and making public records accessible. The LWVRI believes that Governor Raimondo will act accordingly and alert all in her administration to comply with APRA going forward.”

A copy of the letter is attached and can be found here.

[This report comes from a press release.]

Tag: Justin Silverman

ACLU commends Raimondo’s ‘revenge porn’ veto

Groups call on Gov. Raimondo to open public records