On August 7, Massachusetts Governor Maura Healey signed into law a new Shield Law (S.2543) – the Shield Act 2.0 – that restricts providers’ ability to disclose information in certain health care-related investigations, among other provisions. Like the Washington Shield Law that was enacted in 2023, the Shield Act 2.0 covers gender-affirming treatment in addition to reproductive health care. The passage of the Shield Act 2.0 follows Massachusetts’s enactment, in 2022, of a Shield Law that provided protections for Massachusetts healthcare providers from sanctions for providing or assisting in the provision of legally protected reproductive healthcare services or gender-affirming healthcare services in the state.Continue Reading Massachusetts Enacts New Shield Law Expanding Protections for Certain Health Data
Shield Laws
Senators, Justice Department Voice Support for Expanding Journalists’ Protections
A group of senators announced on Wednesday that they would renew their push for federal legislation to limit the ability of federal authorities to compel journalists to reveal information about or obtained from confidential sources, after the U.S. Department of Justice announced it would tighten its own standards for when to seek such information.
The bill, the Free Flow of Information Act of 2013, is an updated version of a reporters’ shield bill that was considered in 2009. Sen. Charles Schumer (D-NY) reintroduced the bill in mid-May of this year, co-sponsored by Sen. Lindsey Graham (R-SC). The Obama administration asked Schumer to reintroduce the bill after the U.S. Justice Department disclosed that it had obtained call records for more than 20 telephone extensions of Associated Press journalists.
The bill generally would prevent federal authorities from compelling journalists to identify confidential sources or reveal information obtained under a promise of confidentiality, unless a court determines that the government has exhausted all reasonable alternative sources of the information and the government’s need for the information outweighs the public interest in the free flow of information.Continue Reading Senators, Justice Department Voice Support for Expanding Journalists’ Protections
New Statutes Proposed in the Wake of AP Spying Scandal
Recent news that the U.S. Justice Department obtained telephone records for two months covering more than 100 journalists working for the Associated Press has prompted lawmakers to propose new statutes meant to strengthen protections against the kinds of requests that our Jeff Kosseff described as “undermin[ing]” the “entire Fourth Estate.”Continue Reading New Statutes Proposed in the Wake of AP Spying Scandal
Indiana Reporters’ Shield Law Does Not Protect Online Comments, Rules Judge
According to an article written by Jeff Swiatek in the Indianapolis Star, an Indiana judge has ruled that the state’s reporters’ shield law does not prevent two newspapers from being compelled in a lawsuit to disclose identifying information about online commenters in their Web forums. The ruling is the first…
Continue Reading Indiana Reporters’ Shield Law Does Not Protect Online Comments, Rules Judge