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SD 2338

An Act to protect the free flow of information in Massachusetts

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 1 co-sponsor

Massachusetts act shields journalists from compelled disclosure of sources and records, with court-supervised, narrowly tailored exceptions to prevent terrorism or imminent harm.

House concurred
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Bill Summary · SD 2338

Summary: An Act to protect the free flow of information in Massachusetts (Senate Docket No. 2338)

Overview

  • Bill: An Act to protect the free flow of information in Massachusetts
  • Bill Number: SD 2338 (Senate Docket No. 2338)
  • Introduced: February 27, 2025
  • Sponsor: Sen. Rebecca L. Rausch; co-sponsor James B. Eldridge
  • Status: House concurred
  • Purpose: Establish a statutory framework to protect journalists’ ability to gather, report, and publish information by limiting compelled disclosures of journalist information by government entities and service providers, with narrow, court-supervised exceptions for safety and security needs.

What the bill would do

  • Creates a new Section 84 (Free Flow of Information Act) in Chapter 233 of the General Laws.
  • Establishes protections for “covered journalists” and protections governing “covered service providers” that store, transmit, or process information on behalf of journalists.
  • Prohibits government entities from compelling disclosure of “protected information” related to journalism unless a court finds, by a preponderance of the evidence, that disclosure is necessary to prevent terrorism or to prevent/mitigate imminent violence, bodily harm, or death.
  • Extends similar safeguards to testimony or production by covered service providers regarding a journalist’s personal accounts or personal devices, with the same heightened evidentiary standard and court oversight.
  • Requires safeguards to ensure compelled material is narrowly tailored and not overbroad.

Key definitions (illustrative)

  • Covered journalist: A person who regularly and credibly gathers and disseminates news or information of public interest in a professional capacity.
  • Covered service provider: Entities that store, process, or transmit information for journalists, including telecommunications carriers, information service providers, providers of remote computing services, and related entities.
  • Protected information: Information identifying a source, or records/communications obtained or created in connection with journalism.
  • Personal account / personal technology device: Journalist-associated accounts or devices not provided by the journalist’s employer.

Protections and exceptions

  • Government entities may not compel disclosure of protected information in state-law matters unless:
    • A court determines by preponderance that disclosure is necessary to prevent terrorism, or to prevent or identify threats of imminent violence, bodily harm, or death.
  • For compelled testimony or production from a covered service provider:
    • A court may order disclosure only if there is a showing that the disclosure is reasonably likely to prevent imminent harm.
    • The journalist must be given notice (within 3 days after service provider receives a subpoena).
    • The court must allow the journalist to be heard prior to any decision.
    • Notice/hearing can be delayed up to 45 days if needed to protect the investigation or prevent imminent harm, with potential extensions of additional 45-day periods if justified.

Procedural safeguards

  • Any compelled testimony or document must be narrowly tailored to verifying published information or relevant surrounding circumstances.
  • Notification requirements provide journalists an opportunity to contest or seek protective orders before disclosure.

Scope and impact

  • Applies to state law proceedings and government entities, and to records or communications stored by covered service providers on behalf of a covered journalist.
  • Aims to reduce chilling effects on journalism by providing robust, court-supervised protections while allowing narrowly tailored disclosures in critical safety situations.

Timeline and status

  • Filed: January 17, 2025
  • Referred to: The Judiciary (Feb. 27, 2025)
  • Status: House concurred (as of the latest available information)

If enacted, the act would create a Massachusetts shield-like framework intended to safeguard the integrity of journalistic work and the confidentiality of sources, with carefully circumscribed exceptions for public safety and national security concerns.

Compiled from official sources — confirm details with the bill’s official record.

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