Russia must drop sham charges against WSJ reporter
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As proposals to ban TikTok pick up steam in Congress many are forgetting an important factor: the First Amendment. A TikTok ban would censor 150 million Americans — including countless journalists who gather and report news on the platform.
We explained on our blog ([link removed]) that it’s blatantly unconstitutional to ban an entire communications medium based on suspicions it’s being used for spying or propaganda. The First Amendment requires proof of a grave and imminent national security threat before even arguably allowing for a “prior restraint” on speech. And even then the government should have to prove there are no less constitutionally problematic means of dealing with legitimate concerns about Chinese access to American data — for example, by passing stronger data privacy laws here.
Those concerned that politicians might seize on the hysteria over TikTok as an opportunity to broaden the government’s censorship powers had their fears validated ([link removed]) . The bill through which many in Congress hope to effectuate the ban — called the RESTRICT Act — would grant sweeping powers to the executive branch to ban foreign communications technologies, not just TikTok. It would also impose steep penalties on anyone seeking to circumvent those bans (including, presumably, journalists searching for news). Congress should abandon the RESTRICT Act and focus on protecting Americans’ privacy — not censoring them.
** Arrest of WSJ reporter is an outrage
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Freedom of the Press Foundation (FPF) condemns ([link removed]) the arrest of Wall Street Journal reporter Evan Gershkovich on sham “espionage” charges. Gershkovich is a widely respected journalist arrested for nothing more than doing his job — gathering news of obvious global significance.
We implore the U.S. government to do everything in its power to obtain Gershkovich’s immediate release. It’s unfortunate that officials will likely find their credibility undermined by our own abuse of the Espionage Act to prosecute Julian Assange and others. Hopefully our government will reconsider the precedent it is setting with its own policies.
** FPF opposes anti-press laws in North Carolina and Texas
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We joinedhttps://twitter.com/rcfpthe Reporters Committee for Freedom of the Press and 21 media outlets in supporting a challenge ([link removed]) to the City of Charlotte’s position that it can withhold records held by city contractors from responses to public records requests. Especially in this era of increased privatization of government functions, agencies should not be able to evade transparency by handing documents to private companies with which they partner.
We also joined RCFP to oppose an amendment ([link removed]) to Texas’ anti-SLAPP (short for Strategic Lawsuits Against Public Participation) law. Anti-SLAPP laws allow defamation defendants to file early motions to dismiss frivolous suits aimed at silencing political speech. Under most anti-SLAPP laws, even if a judge denies the motion, the defendant can immediately take the case to the appellate court and avoid incurring further legal fees at the trial court level. The Texas amendment would change that by giving judges discretion to decline to “stay” cases pending appeals of anti-SLAPP motions, defeating the purpose of the expedited appeal process.
** What we’re reading
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IRS visited Matt Taibbi’s home — Jim Jordan demands explanation ([link removed]) . IRS agents visited journalist Matt Taibbi’s home the same day he testified about his reporting on the Twitter Files to Congress. That’s the hearing ([link removed]) where representatives attacked Taibbi as a “so-called journalist” for relying on politically motivated sources and demanded he reveal said sources’ identities. Hopefully the timing was merely coincidental and there is a good reason why an in-person visit was necessary. The public (and Taibbi) deserves an explanation because any deployment of the IRS to intimidate or retaliate against journalists would be highly concerning to say the least.
Federal judge orders Columbus court to stop delaying access to new complaints ([link removed]) . A judge ordered an Ohio court to stop withholding complaints from public view during a “clerk review process.” It’s the right decision. The news cycle moves fast and people who file in public courts should expect the public to see their filings. And docketing delays are ripe for abuse, as demonstrated by a Texas judge’s recent delay ([link removed]) in informing the public of an upcoming hearing regarding government approval of a drug used for medical abortions.
Congressional effort to end Assange prosecution underway ([link removed]) . Rep. Rashida Tlaib is circulating a letter to urge the Department of Justice to drop charges against Julian Assange. The letter explains that Assange’s prosecution under the Espionage Act sets a precedent that “the New York Times or Washington Post could be prosecuted when they publish important stories based on classified information. Or, just as dangerous, they may refrain from publishing such stories for fear of prosecution.” We couldn’t agree more. We hope Tlaib’s letter receives bipartisan support and leads the Biden administration to finally drop this senseless prosecution.
** New Digital Security newsletter
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FPF has a new weekly newsletter on digital security and journalism! It’ll be a short update on digital security news, what you can do about it, and other news from our team. Subscribe here ([link removed]) .
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