Massachusetts – the Birthplace of Freedom of the Press – Needs To Remember Its Own History

“The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.”
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- The Massachusetts Constitution, 1780

Massachusetts state capitol building.

​The history of American journalistic liberty begins about 350 years ago, in the era of the Massachusetts Bay Colony. When the British Crown gave the censorious Puritans a taste of their own medicine by ending their theocratic rule, printed dissent began to take root in the colony. Eventually, patriots like James Franklin and his younger brother, Benjamin, would push these ideas even further.

Massachusetts thus became the birthplace of America’s free press. No less than six anti-crown publications existed there on the eve of the Revolutionary War in 1775. At first, they were propelled by courage alone, but by 1791 a free press had become a foundation of the new republic. The Founders feared that without formal protections, freedom of the press wouldn’t mean much – and was therefore unlikely to last.

Which is why we're glad the inheritors of that rich tradition – the editorial board of The Boston Globe – recently pointed out a stinging historical irony: Massachusetts has failed to enshrine into law a fundamental journalistic right – the protection of confidential sources, the identity of whom prosecutors often demand. In fact, the board observes, a proposed press protection law hasn't even come to a floor vote in the state legislature for fifteen years. The Globe hopes this year will be different:

“The free press in a democratic society should not be expected to be a tool of the criminal justice system. It defies logic that prosecutors should feel the need to obtain reporters’ notes when they have vastly more power – via subpoenas and other means – to obtain information on their own.”

Libel and defamation laws will continue to protect us from shoddy journalism, they note to critics. Protecting confidential sources isn't simply a shield anyway – it's also an enabler of ethical reporting:

“Sound journalism requires that confidential information be verified in other ways – and when done properly, such reporting can reveal vital secrets about government, business, and other powerful institutions that the public has a right to know.”

Here's hoping Massachusetts remembers its proud history of press freedom and joins the 40 other states that have already protected confidential sources by statute. And wouldn't it be great if the federal government joined this little statutory party and passed the Protect Reporters from Exploitive State Spying (PRESS Act)?
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Journalists have no protections in federal court from prosecutors seeking their notes and sources. If Massachusetts adopts a press shield, would Washington continue to remain far behind the states? Probably. But sometimes revolutions occur in small steps. Let the next step be in Massachusetts.

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