RCFP urges Massachusetts lawmakers to pass reporter’s shield bill

The Reporters Committee for Freedom of the Press is urging lawmakers in Massachusetts to pass a reporter’s shield bill that would establish important protections for the public’s right to know. 

In testimony before the Massachusetts Legislature’s Joint Committee on the Judiciary, Reporters Committee Vice President of Policy Gabe Rottman expressed support for House Bill 1738 and Senate Bill 1253, which would shield reporters from having to disclose information identifying confidential sources, as well as unpublished information, documents, or communications obtained or created through the course of newsgathering activities.

“Since many sources can face professional or legal consequences, and even physical harm, for disclosing information of public importance to the news media, it is critical that journalists be able to credibly assure sources that their identities will remain confidential,” Rottman said in written testimony submitted to the Judiciary Committee on July 15, 2025. “Clearly defined protections from such disclosures will help preserve the free flow of information, promote government accountability, and improve the public’s understanding of issues that directly impact their daily lives.”

Massachusetts is one of only nine states in the country without a reporter’s shield law. While courts in Massachusetts use a common law balancing test based on general First Amendment principles, they have not been consistent in applying it. 

“HB 1738 and SB 1253 are common-sense measures that would ensure a more consistently applied reporter’s privilege in Massachusetts,” Rottman concluded. “Without some safeguard for confidential source identities and sensitive newsgathering material, the press cannot fulfill its constitutionally recognized watchdog role.”