Senators Urge DOJ to Protect Journalists

Archive for News

Senators Urge DOJ to Protect Journalists

Senators Ron Wyden (D-OR), Cory Booker (D-NJ), Jeff Merkley (D-OR), Jon Ossoff (D-GA), and Chris Van Hollen (D-MD) today sent a letter to Attorney General Merrick Garland about codifying specific protections for journalists. The Senators urged the DOJ to protect the critical First Amendment rights of journalists covering demonstrations, protests, and other protected activities—protections that the Ninth Circuit has already affirmed. The letter further requests that the DOJ withdraw its appeal of a U.S. District Court injunction that protects journalists and legal observers’ rights to cover protests. “Protecting the rights established by the First Amendment is crucial to our democracy’s functioning. The federal government must reaffirm its commitment to the First Amendment, not combat or weaken such protections.”

The PRESS Act is Vital to Protect Journalists

In July, Senator Ron Wyden (D-OR) and Representative Jamie Raskin (D-MD) introduced the Protect Reporters from Excessive State Suppression (PRESS) Act (S. 2457) and the Protect Reporters from Exploitative State Spying (PRESS) Act (H.R. 4330), respectively, which would establish reasonable rules for how and when the government can use a compulsory process to obtain information about journalists working within the scope of newsgathering. This Shield Law is critical to supporting and maintaining a free and independent press.

The previous DOJ, under former president Donald Trump, misused its statutory authority to obtain otherwise confidential information from journalists, posing a major threat to journalists. If sources fear losing their anonymity, it will be increasingly difficult for reporters to gather the news and accurately report, as there will be a constant fear of retribution for both journalists and sources.

Unfortunately, there were recent reports of the current DOJ, under President Joe Biden, using its authority to improperly obtain information from and about journalists. While the DOJ’s investigative functions are necessary for certain criminal proceedings, there must be strict measures in place to ensure they aren’t used to harass, intimidate, or thwart journalists in the newsgathering process, as the result would be less news, less transparency, and an uninformed citizenry.

The PRESS Act prevents government overreach in obtaining information that will expose sources, while simultaneously allowing law enforcement officials to get the information they need to investigate and prosecute crimes. The PRESS Act also imposes notice requirements, giving the journalist an opportunity to be heard as well as places limits on the content that government officials can obtain to only that which is necessary for the ongoing investigation.

Following reports that it misused its authority, the DOJ issued a new policy restricting its use of certain provisions against members on the press. This policy limits the DOJ’s ability to use compulsory legal processes to reporters directly, their employers, or to third-party services that may electronically store the reporters’ confidential information. Attorney General Merrick Garland requested that the Deputy Attorney General “further explain, develop, and codify the policy,” including tightening current regulations. The DOJ also vocalized its “support” for “congressional legislation to embody protections [for journalists] in law.”

While these policies are a great way to show that the current DOJ believes in and respects a free and independent press, it is insufficient to fully protect journalists. And, as mentioned above, the DOJ’s own support for legislation indicates it agrees that the policy is insufficient.

The PRESS Act is still necessary to protect the press for three reasons:

  1. Agency policies and regulations are fairly easy to change. Different administrations’ DOJ policies, goals, and practices can vary heavily. Journalists’ protection from improper investigation should not vary with administration. Preserving the free press requires permanence.

 

  1. This new policy is internal to DOJ, fostering a lack of accountability. The federal Constitution was designed with balance of powers in mind, and the DOJ is not exempt. Any agency faces the threat of bad actors, bad choices, and cover-ups. There are countless stories of improper probes and unlawful operations being concealed within an agency to avoid scrutiny. A federal law with appropriate enforcement mechanisms, like the PRESS Act, adds additional accountability and ramifications for bad actors.

 

  1. The DOJ isn’t the only agency with the ability to investigate and potentially threaten the free and independent press. While the DOJ’s new policy is a great step towards better protecting journalists, it is not the only federal power that could intimidate the press. The PRESS Act imposes liability across the board—to any “federal entity”—fostering accountability, transparency, and quality journalism.

Press Statement: Lawmakers Introduce Journalist Protection Act

Congressman Eric Swalwell (D-CA), Sen. Richard Blumenthal (D-CT), and Sen. Bob Menendez (D-NJ) reintroduced legislation to better protect journalists and the free press. The JPA would make it a federal crime to intentionally intimidate or cause bodily harm to a journalist while newsgathering or reporting.

 

FOR IMMEDIATE RELEASE

July 29, 2021

News Media for Open Government Applauds Senator Blumenthal, Senator Menendez, and Representative Swalwell for the Introduction  of the Journalist Protection Act

WASHINGTON, D.C. – The News Media for Open Government (NMOG) applauds Senators Richard Blumenthal (D-CT) and Robert Menendez (D-NJ), and Representative Eric Swalwell (D-CA) for introducing the Journalist Protection Act (JPA), which would provide journalists greater protection from physical acts or intimidation designed to interfere with the act of gathering and reporting the news. The JPA would make it a federal crime to intentionally intimidate or cause bodily harm to a journalist while newsgathering or reporting. Specifically, the bill would amend a part of existing U.S. Code allowing the Justice Department to prosecute those who intimidate or assault journalists when local prosecutors decline to do so.

Unfortunately, it has never been a more dangerous time to be a journalist in the modern history of the United States. The U.S. Press Freedom Tracker recorded that from January 1, 2020 to July 15, 2021, 537 journalists have been assaulted while gathering and reporting the news.

Citizens across the country rely on journalists to stay informed of what is happening in their government and their communities. Fact-based, trusted information distributed to the public permits the unfettered public discourse that sets quality journalism apart from fake news and other mis- and disinformation found online and on social media platforms. Journalism – particularly local journalism – has never been more important than it is today.

NMOG looks forward to working with policymakers to move the legislation through the Congress and hopes that it will make journalists safer so that they can focus on their jobs of informing the public and enhancing the public discourse, which are critical to a functioning democracy.

Quotes from NMOG Members:

Brigitte Schmidt Gwyn, President and CEO of MPA – the Association of Magazine Media: “MPA commends Senator Blumenthal, Senator Menendez, and Representative Swalwell for recognizing that journalists and publishers serve a vital role by keeping the public informed, and must be protected. The Journalist Protection Act will uphold the rights of the press, who sometimes face arrests, intimidation, and even outright violence. MPA stands with the sponsors of this important legislation in our commitment to defend First Amendment rights whenever they are threatened.”

Gordon Smith, President and CEO, National Association of Broadcasters: “As first informers of the events impacting our communities, it is essential that broadcast journalists be afforded the ability to report the news without harassment, intimidation or assault. Alarmingly, there has been an increase in recent years in threats and violence against journalists that is counter to our nation’s commitment to a free press and threaten the very bedrock of our democracy. NAB thanks Sen. Blumenthal, Sen. Menendez and Rep. Swalwell for introducing the Journalist Protection Act that would help ensure journalists’ safety while reporting from the field.”

George Stanley, President, News Leaders Association: “In the past year and a half, reporters throughout our nation have been attacked for simply doing their constitutionally protected jobs to preserve our democratic republic. This is unprecedented and cannot stand in the United States, a beacon of freedom. NLA appreciates the efforts of Senator Blumenthal, Senator Menendez and Representative Swalwell in sponsoring the Journalist Protection Act, and we hope a bipartisan coalition in Congress moves quickly to approve it.”

David Chavern, President and CEO, News Media Alliance: “Reporters must be able to do their jobs safely and without fear of being attacked by those they are working to serve. We applaud Representative Swalwell and Senators Blumenthal and Menendez for introducing the Journalist Protection Act, and for their leadership and support of the essential role journalists play in preserving democracy. We look forward to journalists having a safer, more secure environment in which to continue the important work of reporting the news to their local communities.”

Dan Shelley, Executive Director and COO, Radio Television Digital News Association: “Any time journalists are physically attacked while doing their jobs, they are not the only victims. Also hurt are members of the public whom those journalists serve while seeking and reporting the truth. We’re grateful – on behalf of journalists and the viewers, listeners and readers they assist – to Sen. Blumenthal, Sen. Menendez, and Rep. Swalwell for introducing this important piece of legislation and urge Congress to pass it, and President Biden to sign it, without delay.”

Bruce Brown, Executive Director, Reporters Committee for the Freedom of the Press: “The Journalist Protection Act would bolster protections for reporters and give federal law enforcement the jurisdiction to bring those who target journalists to justice. Its introduction is very welcome after the hundreds of incidents over the last several years of journalists being attacked or harassed in the field.”

Matthew T. Hall, President, Society of Professional Journalists: “Verbal and physical attacks on journalists cannot be accepted in a civil society, and this legislation would go a long way to making sure we are able to our jobs on behalf of the American public more safely. We urge Congress to pass it and the president to sign it as quickly as possible.”

###

News Media for Open Government (NMOG) is a broad coalition of news media and journalism organizations that have been working since 2005 to ensure laws, policies, and practices that preserve the freedom of the press and the free flow of information in our democratic society. Members of the coalition include: Associated Press, Association of Alternative Newsmedia, MPA – The Association of Magazine Media, National Association of Broadcasters, National Newspaper Association, News Leaders Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, and the Society of Professional Journalists.

Press Statement: Raskin, Lieu, Yarmuth Introduce Federal Press Shield

Representatives Jamie Raskin (MD-08), Ted Lieu (CA-33), and John Yarmuth (KY-03) introduced the Protect Reporters from Exploitative State Spying (PRESS) Act. The legislation would safeguard a free and independent press by… (Read More)

 

Washington Post: Senator Wyden Proposes New Shield Law to Protect Journalists’ Phone, Email Records

Sen. Ron Wyden, a longtime critic of government surveillance programs, proposed legislation Monday designed to protect journalists’ data from government subpoenas… (Read More)

 

Lawmakers Press Justice Department to Stop Taking Reporters’ Phone Records

Washington Post

Sen. Ron Wyden (D-Ore.) and Rep. Jamie B. Raskin (D-Md.) wrote a letter to Attorney General Merrick Garland requesting that the Biden administration end the practice of searching journalists’ phone records to try to identify their sources.  The letter follows a recent new report that in late 2020, the Trump administration, under former Attorney General William Barr, secretly obtained phone records and attempted to obtain email records from three Washington Post reporters for communications that were made in 2017, while the reporters were investigating Russia’s interference in the 2016 election. Read More

Media Coalition Outlines Open Government Recommendations for Biden-Harris Transition Team

News Media for Open Government (NMOG) looks forward to working with the Biden-Harris Administration to encourage government transparency and allow news media to keep the public informed. On December 11, 2020, NMOG sent a position paper to the transition team of President Biden and Vice President Harris recommending a set of policy objectives to maintain free press as well as protect journalists and their work.

 

Contact:
Paul Boyle
571-213-4365
paul@newsmediaalliance.org

FOR IMMEDIATE RELEASE

December 11, 2020

Media Coalition Outlines Open Government Recommendations for Biden-Harris Transition Team

WASHINGTON, D.C. – The News Media for Open Government (NMOG) today sent a position paper to President-Elect Joseph Biden and Vice President-Elect Kamala Harris’s transition team, outlining policy objectives that support and strengthen openness in government and the right to a free and independent press, which is critical to our nation’s democracy.

The position paper states, “Citizens across the country rely on journalists, both in Washington and in their local communities, to stay informed of what’s happening in their government. Fact-based, trusted information distributed to the public permits the unfettered discourse that sets the United States apart from much of the world.”

Recommendations in the position paper include:

  • Daily White House press briefings and regular briefings across Executive Branch agencies.
  • Eliminating current restrictions that prohibit government employees in Executive Branch agencies from communicating with the press unless a public information officer provides clearance and is involved.
  • An administrative directive encouraging Executive Branch agencies to interpret the Freedom of Information Act (FOIA) in a manner that favors the disclosure of government information to the American people.
  • Administration support for Office of Government Information Services’ Advisory Opinions, that would increase government transparency and reduce unnecessary FOIA litigation costs for the government, businesses and individual citizens.
  • Administration support for the principle that journalists will not be prosecuted for doing their jobs or protecting their confidential sources –  and journalists should be the last resort, not the first, when federal law enforcement is seeking information in an investigation.
  • The withdrawal of a proposed Department of Homeland Security rule that limits the length of time foreign journalists can stay in the United States and places the government in a position of reviewing the content of journalist’s work product as part of the visa renewal process.

###

News Media for Open Government (NMOG) is a broad coalition of news media and journalism organizations working to ensure that laws, policies and practices preserve and protect freedom of the press, open government and the free flow of information in our democratic society. Members of the coalition include: Associated Press, Association of Alternative Newsmedia, MPA – The Association of Magazine Media, National Association of Broadcasters, National Newspaper Association, News Leaders Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, and the Society of Professional Journalists.

NMOG Remembers Rep. Elijah Cummings for Steadfast Work for Open Government

In remembrance of Rep. Elijah E. Cummings’ (D-MD-7) work improving government transparency throughout his career, News Media for Open Government joins many others in saying goodbye to the influential Congressman. NMOG commemorates Cummings’ efforts to strengthen and protect the Freedom of Information Act, which will continue to benefit American citizens after his passing.

 

Contact:
Paul Boyle
571-213-4365
paul@newsmediaalliance.org

FOR IMMEDIATE RELEASE

Oct. 24, 2019

NMOG Remembers Rep. Elijah Cummings for Steadfast Work for Open Government

News Media for Open Government joins those who say goodbye to Rep. Elijah E. Cummings (D-MD-7) today, while remembering the popular Maryland leader and his tireless efforts to improve government transparency.

Representative Cummings, Chairman of the House Committee on Oversight and Reform, was presented NMOG’s 2019 Sunshine in Government Award in February for his unwavering efforts in pushing to strengthen the Freedom of Information Act in 2016. He worked on a bipartisan and bicameral basis to write a clear presumption of openness into the law. He and his staff pushed agencies to do all they could to make FOIA work better. He also spent countless hours pushing back on overbroad and unnecessary proposals that would weaken FOIA.

Chairman Cummings consistently demonstrated a strong commitment to transparency, even on the most difficult of topics. His significant contributions to the public’s understanding of open government laws and how these laws impact people’s everyday lives will continue long after his death. His steadfast work to protect the public’s rights under open government laws like FOIA and his contributions to strengthening open government will forever be remembered and appreciated.

NMOG members have worked together in a nonpartisan manner for over a decade to speak with a united voice to strengthen open government policies and practices. Members of NMOG include: The Associated Press, Association of Alternative Newsmedia, National Association of Broadcasters, National Newspaper Association, News Leaders Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, and Society of Professional Journalists.

###

News Media for Open Government (NMOG) is a broad coalition of news media and journalism organizations working to ensure that laws, policies and practices preserve and protect freedom of the press, open government and the free flow of information in our democratic society. Members of the coalition include: Associated Press, Association of Alternative Newsmedia, MPA – The Association of Magazine Media, National Association of Broadcasters, National Newspaper Association, News Leaders Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, and the Society of Professional Journalists.

Media Coalition Statement on the Open and Responsive Government Act of 2019

News Media for Open Government supports the “Open and Responsive Government Act of 2019” and applauds the efforts of Senators Charles Grassley (R-IA), Patrick Leahy (D-VT), John Cornyn (R-TX), and Diane Feinstein (D-CA) to defend the Freedom of Information Act. The legislation seeks to reverse the United States Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media, which needlessly expanded what is considered “confidential” under Exemption 4 of the Freedom of Information Act (FOIA)

 

Contact:
Melissa Wasser, Coalition Director
News Media for Open Government
(202) 795-9317
mwasser@foropengov.org

FOR IMMEDIATE RELEASE

July 23, 2019

Media Coalition Statement on the Open and Responsive Government Act of 2019

WASHINGTON ––– Four senior senators introduced legislation today to reinstate significant limits on what commercial or financial information should be kept “confidential” and out of the public eye when submitted to the federal government. Introduced by Senators Charles Grassley (R-IA), Patrick Leahy (D-VT), John Cornyn (R-TX), and Diane Feinstein (D-CA), the “Open and Responsive Government Act of 2019” seeks to reverse the United States Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media, which unnecessarily broadened what is deemed “confidential” under Exemption 4 of the Freedom of Information Act (FOIA). The legislation would essentially codify the interpretation of “commercial or financial information obtained from a person and privileged or confidential” established in by the United States Court of Appeals for the District of Columbia in the 1974 case of National Parks & Conservation Association v. Morton.

The National Parks standard, as applied by courts, required the government to disclose information submitted by third parties unless the disclosure created a “substantial harm to the competitive position” of the submitter. This standard struck the right balance between the public’s right to information and commercial interests. The bill also reverses the Environmental Protection Agency’s rule allowing political appointees to exclude portions of records from disclosures under the Freedom of Information Act.

In support of the bill’s introduction, the News Media for Open Government (NMOG) makes the following statement:

“Today, we applaud Senators Grassley, Leahy, Cornyn, and Feinstein for taking steps to defend the Freedom of Information Act. In overruling the 45-year-old National Parks precedent applicable to Exemption 4, the Court prevented the public from receiving newsworthy information of profound public interest, including information relating to nutrition, health, and safety. This bipartisan legislation reaffirms the public’s right to know how the government spends taxpayer dollars. We look forward to working with these Senators on this crucial piece of legislation.”

NMOG members have worked together in a nonpartisan manner for over a decade to speak with a united voice to strengthen open government policies and practices. Members of NMOG include American Society of News Editors, The Associated Press, Association of Alternative Newsmedia, National Association of Broadcasters, National Newspaper Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, and Society of Professional Journalists.

###

News Media for Open Government (NMOG) is a broad coalition of news media and journalism organizations working to ensure that laws, policies and practices preserve and protect freedom of the press, open government and the free flow of information in our democratic society. Members of the coalition include: Associated Press, Association of Alternative Newsmedia, MPA – The Association of Magazine Media, National Association of Broadcasters, National Newspaper Association, News Leaders Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, and the Society of Professional Journalists.