Massachusetts Senate Acts to Defend Free Press as Attacks on Journalists Mount Nationwide
New law would shield reporters and their sources from compelled disclosure
(BOSTON—7/31/2026) Amid federal subpoenas of journalists and FBI raids of reporters’ homes, the Massachusetts Senate has passed legislation that would defend Massachusetts journalists’ constitutional right to report facts and hold institutions accountable.
If signed into law, Massachusetts would join 41 other states in the country in making it illegal in most cases for the government to compel journalists to reveal their sources. The law would apply to all journalists in local newsrooms, state outlets, and national news organizations.
At the federal level, no equivalent protection exists. Until Congress acts, journalists reporting in Massachusetts are protected only by state law, leaving federal investigations, federal grand juries, and national security cases outside its reach.
“A free press is absolutely essential to a healthy and thriving democracy,” said Senate President Karen E. Spilka (D-Ashland). “Defending our residents from the Trump Administration means we must protect their right to access reporting that holds institutions accountable and promotes the public good. It also means we must protect journalists and news organizations—as well as their sources. I applaud Senator Rausch for her leadership on this important amendment to our public records bill, Majority Leader Creem for shepherding the underlying legislation, and each of my Senate colleagues for their support.”
“A free and independent press is essential to a healthy democracy,” said Senate Majority Leader Cindy Creem (D-Newton). “As attempts to undermine the press continue at the federal level, we have a responsibility to act here in Massachusetts. This legislation ensures that journalists can do their jobs without fear that confidential sources will be exposed, strengthening government accountability and protecting the public's right to know. I am grateful to Senator Rausch for leading this effort, and I am proud that the Senate took this important step to safeguard press freedom in Massachusetts.”
“As Trump and his Administration accelerate and intensify their attacks on journalism, and sources are increasingly afraid to speak up, the Massachusetts Senate takes an historic stand to strengthen our free press and fortify our democracy,” said Senator Becca Rausch (D-Needham), who filed the amendment. “The need for a statutory press shield law in our Commonwealth has never been more urgent. By passing this legislation, we show the federal government and our constituents that we will defend the First Amendment and support a free press, without which our democracy cannot survive. I want to thank Senate President Karen Spilka, Majority Leader Cindy Creem, Ways and Means Chair Mike Rodrigues, Senator Cindy Friedman, Senator Lydia Edwards, our staffs, the bipartisan group of cosponsors, and the coalition of experts and advocates behind this effort. Our collaboration brought us to this moment.”
The measure, passed unanimously as an amendment filed by Senator Rausch to broader legislation that would open the Legislature and Governor’s office to public records requests, would include an exemption in certain limited circumstances and only with clear and convincing evidence that the source disclosure is necessary and there is an overriding public interest in the disclosure.
The amendment was modeled after legislation filed this session that was heard and approved by the Joint Committee on the Judiciary.
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