By VDC staff
Two regional press advocacy organizations are calling on the Vermont Truth & Reconciliation Commission to rescind planned restrictions on recording, photography and interviews during a public event scheduled Friday at St. Johnsbury Elementary School.
In a letter dated Nov. 14, the New England First Amendment Coalition (NEFAC) and the Vermont Press Association (VPA) urged VTRC Executive Director Dr. Faith Yacubian to withdraw a rule barring journalists from documenting the proceedings without prior permission from both the commission and participants.
The restriction, the groups said, conflicts with constitutional protections and Vermont’s Open Meeting Law.
The VTRC, created to examine institutional harm experienced by Vermonters in areas such as child welfare, mental health, policing and housing, is hosting public “truth-telling” sessions around the state. NEFAC and the VPA said they appreciate the vulnerability of participants and the commission’s efforts to create a supportive environment, but insisted that public access cannot be curtailed in violation of established law.
“Recording, photography, and interviews are not allowed inside the truth-telling space unless explicit permission is granted by the Commission and by those directly involved,” the commission told the press in guidance for Friday’s program. NEFAC and the VPA say that crosses a legal line.
“The First Amendment and the Vermont Constitution provide strong protections for journalists covering government-led meetings in public spaces,” the groups wrote. They cited federal case law — including Glik v. Cunniffe — affirming the right to record public officials, as well as Vermont Constitution Article 6, which defines public officers as “trustees and servants” accountable to the people.
Vermont’s Open Meeting Law likewise states that public agencies “exist to aid in the conduct of the people’s business,” and the Secretary of State’s 2019 guide explicitly affirms the public’s right to record meetings so long as doing so is not disruptive.
“Recording… cannot be considered disruptive on its own and cannot be limited at your sole discretion,” the letter said.
The groups emphasized that they recognize the sensitivity of testimony expected at VTRC sessions. Still, they said, the commission must respect journalists’ rights under state and federal law.
At minimum, they requested that the commission make any restriction on recording and interviews optional rather than mandatory and notify reporters of the change before Friday’s event.
The letter was signed by NEFAC Executive Director Justin Silverman and VPA Executive Director Michael Donoghue.