From Freedom of the Press Foundation <[email protected]>
Subject Journalists: It’s time to make noise about the Assange prosecution
Date May 5, 2023 7:00 PM
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FPF-led coalition demands end to Asheville’s assault on press freedom

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Dear friend of press freedom,

Here are some of the most important stories we’re following from the U.S. and around the world. If you enjoy reading this newsletter, please forward it to friends and family. If someone has forwarded you this newsletter, please subscribe here ([link removed]) .

Credit: Cancillería del Ecuador. The precedent that the prosecution of Julian Assange could set would harm all journalists, no matter what they think of Assange personally.

World Press Freedom Day was this week and we welcomed proclamations from President Biden ([link removed]) and others ([link removed]) that “journalism is not a crime” despite being “under siege” worldwide. Yet the administration continues its efforts to extradite Julian Assange for receiving and publishing classified documents from a source — in other words, journalism.

Freedom of the Press Foundation (FPF) Executive Director Trevor Timm authored a column in The Guardian calling for journalists ([link removed]) to “make noise” about Assange’s prosecution no matter what they think of him personally. Cases involving controversial figures make bad law when politicians and judges are guided by grudges over principles. The press shouldn't fall into that trap.

As Trevor explains, the Biden administration responds to media pressure. At the beginning of his presidency, Biden ordered the Justice Department to change course after the press amplified revelations of the Trump administration’s surveillance of journalists. More recently, the administration has heeded the press’s calls to prioritize efforts to free Evan Gershkovich, The Wall Street Journal reporter who was arrested in Russia on sham espionage charges.

But, just as Biden’s prosecution of Assange undermines ([link removed]) the credibility ([link removed]) of his position on Gershkovich, mainstream journalists’ relative silence on Assange creates the appearance that they’re less concerned with press freedom than with protecting members of their club. It’s time for that to change.


** Almost 50 rights orgs and media publishers demand end to NC journalist prosecutions
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FPF and the Committee to Protect Journalists led a coalition ([link removed]) of almost 50 organizations demanding on World Press Freedom Day that Asheville, North Carolina authorities finally stop their prosecution of journalists Matilda Bliss and Veronica Coit.

They were arrested while documenting police evicting a homeless encampment on Dec. 25, 2021. They’re not accused of harming or obstructing anyone, but last month a judge convicted them of trespassing, and Coit was given a suspended jail sentence and probation. They’re appealing and are scheduled for a second trial with a jury on June 12.

While we were putting finishing touches on the coalition’s letter, we learned that the scandal in Asheville is even worse than we thought. Bliss found out last week that police obtained a warrant in January 2022 to search their phone, which was seized during their arrest, for evidence of alleged crimes by a protester who may have appeared in footage Bliss captured. That would violate ([link removed]) the Privacy Protection Act of 1980.

Coit and Bliss also recently discovered that Asheville police, operating without any judicial oversight, banned them from city parks for a year upon their arrests. Mutual aid workers charged with “felony littering” are suing ([link removed]) over similar extrajudicial park bans. The local press has been covering ([link removed]) the ordeal for some time but let’s hope the national media joins in pressuring officials to finally end their assault on press freedom.


** Restraining order against journalists could signal alarming trend
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FPF Advocacy Director Seth Stern wrote in the Arizona Capitol Times ([link removed]) that the recent restraining order against its reporter, Camryn Sanchez, “should concern all Americans who value the First Amendment.” A judge issued the order after State Sen. Wendy Rogers — previously known for reportedly telling ([link removed]) white nationalists she wants her opponents hanged — said she found Sanchez’s investigation into whether she violated residency rules “creepy.”

It’s the first case FPF’s U.S. Press Freedom Tracker ([link removed]) is aware of since it began documenting press freedom violations in 2017 where a judge granted a politician a restraining order against a journalist. But it’s only one of several recent – and alarming — efforts to crack down on free speech. The Intercept reported ([link removed]) this week, for instance, that authorities outside Atlanta are charging activists with “felony intimidation of an officer of the state” for distributing a flyer naming a police officer allegedly linked to the killing of Defend Atlanta Forest protester Manuel “Tortuguita” Terán.

The activists face years in prison and, like the Espionage Act, there is nothing in the law ([link removed].) that would stop authorities from deploying it against routine journalism. And just last month we wrote about ([link removed]) efforts by Atlanta prosecutors to criminalize the practice — common among both protesters and journalists — of writing legal defense numbers on their person in case they’re arrested. Strong backlash from the press and public is essential so that authorities feel less comfortable concocting these kinds of novel legal strategies to punish free speech.


** What we’re reading
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America's press freedom threatened by political instability ([link removed]) . In our last newsletter ([link removed]) we commented that hardly a week goes by without a headline underscoring the need to pass the PRESS Act and end surveillance of journalists. Then this week, the United States slipped ([link removed]) from 42nd to 45th in Reporters Without Borders’ annual global press freedom rankings. One of the cited reasons? Congress’s failure ([link removed]) to pass the PRESS Act in 2022. We’ll be doing all we can to advocate for a different result this year.

The problem with Hawaii’s secret court files ([link removed]) . Apparently over 600 court cases in Hawaii have been conducted entirely under seal since 2005, often for no reason other than because a litigant requested secrecy. This flagrantly unconstitutional practice must stop immediately.

Release recording of closed-door Denver school board meeting, lawsuit demands ([link removed]) . A school board held an hours-long closed meeting after a student shot two administrators. Then, with no public discussion, the board voted unanimously to return armed police officers to Denver high schools. When major policy changes are voted on immediately after a closed meeting it's a safe bet the meeting shouldn't have been closed in the first place.

“Get Him Out of Here”: Donald Trump tossed NBC reporter’s phones during tirade aboard campaign plane ([link removed]) . Vanity Fair obtained a recording of the former president lashing out against a reporter who questioned him about Manhattan DA Alvin Bragg’s investigation. He reportedly told the reporter, “Don’t ask me any more questions” before “grabbing [his] two phones and chucking them to the side.” Just imagine what Trump — or other possible future presidents similarly ([link removed]) hostile to the press – might do if they’re permitted to weaponize the Espionage Act against journalism.


** Donate to Ellsberg Institute for Peace and Democracy
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Want to support a great cause? Donate to the new Ellsberg Institute for Peace and Democracy ([link removed]) . It's a wonderful way to honor America’s most famous whistleblower and FPF founding board member Daniel Ellsberg in the last months of his incredible life.


** FPF and Field of Vision to host free digital security trainings
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We are hosting a series of free digital security trainings geared towards filmmakers and media makers with our partner, Field of Vision! Join us to learn more about how to protect your data in the field, during the edit, and on the circuit. Sign up ([link removed]) here ([link removed]) .


** New Digital Security newsletter
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FPF has a new weekly newsletter on digital security and journalism! It’s 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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