Today (July 30, 2026), the Massachusetts Senate made history by passing a press shield law, filed by Senator Becca Rausch, on a unanimous 40-0 vote. This legislation prohibits government bodies from compelling journalists to reveal their sources, except 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. Currently, Massachusetts is one of just nine states in the nation without a press shield law on our books.
“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). “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.”
This month, the Trump administration subpoenaed phone records from several New York Times journalists, two of their spouses, and even one of their mothers – a significant judicial overreach that was later withdrawn due to shoddy legal work. The FBI raided a Washington Post reporter’s home in January in a ‘highly unusual and aggressive’ move. Attacks on the press exacerbate the mounting financial pressure facing newsrooms, especially local ones. Subpoenas are expensive and time-consuming to fight, and they intimidate sources with information of vital public importance.
The Bay State is the birthplace not only of American democracy but also freedom of the press as we know it. In 1780, John Adams wrote in the Massachusetts Declaration of Rights that “[t]he liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.” This is one of the earliest constitutional protections for a free press in the entire world.
The legislation passed by the Senate today is modeled on a bill Senator Rausch filed at the start of the term, which was favorably reported by the Joint Committee on the Judiciary earlier this year. Its language covers both traditional media and volunteer journalism, which has become essential in many communities. The measure has broad support from across the political spectrum.
Note: The Press Shield was passed as an amendment to S.3200, about transparency and public access in state government, which is the Senate’s version of H.5469, on the same topic, which the House passed in June. A conference committee has been appointed to work on the reconciliation between the two sets of legislation.
The legislation passed by the Senate - https://malegislature.gov/Bills/194/S3200/Amendments/Senate?pageNumber=1&direction=asc&sortColumn=Action&keyword=
The legislation passed by the House - https://malegislature.gov/Bills/194/H5469
