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The news that an Arizona judge granted a restraining order to stop a journalist from investigating a state senator’s residency was alarming to us at Freedom of the Press Foundation (FPF). Our U.S. Press Freedom Tracker, which maintains data on press freedom violations across the country, has no prior record of a restraining order entered against a journalist at the behest of a government official since it began documenting violations in 2017.
Most judges (though, unfortunately, not all) understand that the First Amendment does not permit “prior restraints” barring journalists from publishing the news, even when government officials allege national security risks. They may not realize it also prohibits restrictions on lawfully gathering news. The conduct cited to justify the restraining order — for example, knocking on the state senator’s door and asking her questions — is nothing more than routine investigative journalism. People who find that invasive of their privacy shouldn’t run for office.
We’re happy to hear that the Arizona Capitol Times is standing by its reporter, Camryn Sanchez, and challenging the restraining order. It’s also great to see other local media outlets amplify the story. But it never should have come to this. Politicians and judges need to understand and respect the First Amendment. They should have access to educational resources to ensure they do and there should be political and disciplinary consequences when they don’t.
Asheville journalist convictions finally attracting attention
Two Asheville journalists were convicted of trespassing by a judge last week for recording police at a public park. One was even given a suspended jail sentence and probation. But there’s still hope. Under North Carolina law they’re entitled to a second trial, this time before a jury. If they’re acquitted, the initial conviction becomes legally void. They also have the opportunity now to take discovery and find further evidence that authorities targeted them for doing their jobs.
We’ve been covering the case from the beginning (as has the Committee to Protect Journalists). We’re glad to see national news outlets writing about it and numerous other organizations condemning the charges and calling for them to be dropped. Our board member, activist and actor John Cusack, has also used his platform to call attention to this injustice.
And on May 5 we’ll be joining the journalists, Matilda Bliss and Veronica Coit, for a National Press Club panel discussion in honor of next week’s World Press Freedom Day. Dion Rabouin, a Wall Street Journal reporter who was recently detained by police while conducting routine interviews outside a bank in Phoenix, will also join us. Sign up to attend here.
Recent headlines demonstrate the need for the PRESS Act
At the risk of sounding like a broken record, it seems like every week or so there’s another news story that shows just how urgently we need Congress to pass the PRESS Act. It’s the strongest federal shield bill we’ve ever seen and it would finally put an end to both political parties’ unfortunate habit of trying to surveil journalists whose reporting inconveniences them.
We wrote on our blog about two examples in the news this month. One involves continued efforts by elected officials to pressure journalist Matt Taibbi into disclosing his alleged conversations with Elon Musk regarding the Twitter files. Whatever one may think about Taibbi’s reporting, no one is alleging that he has any information on the kinds of imminent national security threats that could even conceivably justify government prying into newsgathering. The PRESS Act makes clear that political headaches do not justify burning journalists’ sources.
The second is a Wired report on ICE’s use of a little-known tool called a 1509 summons to improperly surveil journalists and others. The summonses, which function like subpoenas without judicial oversight, are supposed to be limited to investigations of customs violations. The U.S. Press Freedom Tracker has previously reported on improper 1509 summons to journalists but, given Wired’s reporting on the scope of ICE’s abuse of the procedure, it seems highly likely that there have been, and will be, more such incidents.
What we’re reading
Prison journalist shows why we need a free press — even behind bars. Texas Observer reports on retaliation against an incarcerated journalist who has exposed abuses inside the prison system. Similar abuses are likely rampant at prisons nationwide but they get little attention because outside media is also severely restricted from reporting inside prisons. California legislators introduced a bill to change that and hopefully other jurisdictions will follow. Limitations on journalists’ access to prisons largely arose from concerns decades ago about serial killers selling their stories. Those concerns seem insignificant compared to the problem of the U.S.’s massive prison complex operating outside the view of the press.
Cook County bans reporters from bringing phones, computers into courthouse. Chicagoland’s criminal courthouse banned reporters from bringing electronic devices to take notes and transmit stories after one journalist was allegedly caught recording a court hearing. It’s a ridiculous overreaction to one isolated incident. Justifiably or not, crime in Chicago has become a major national story, and this ban will reduce the information available to the public. The First Amendment cannot tolerate collective punishment of the press.
The Indiana Supreme Court is lifting its ban on courtroom cameras. In better news on press access to courts, cameras will no longer be banned in Indiana courtrooms. This is a welcome development and other states — as well as the federal court system — should follow suit. Studies and pilot programs have uniformly concluded that none of the harms predicted by the anti-transparency crowd ever materialize and surveys show judges and lawyers are largely in favor of cameras. It’s mystifying that this is still an issue but it's good news that federal legislators are expressing optimism about the latest bill to rectify the problem.
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