Anti-encryption bills would impede journalism

A trio of bad internet bills before Congress threatens to end the availability of the end-to-end encrypted services that journalists rely on to safely and securely communicate with confidential sources. 

The EARN IT Act, the STOP CSAM Act, and the Kids Online Safety Act, or KOSA, all have the worthy goal of protecting children online. But because each would make it legally risky for tech companies to offer end-to-end encryption, platforms may stop offering it altogether if any of them pass. That would make everyone — including journalists and their sources — less safe when they communicate online.

For more about each bill and the consequences for journalists and the public, check out our blog post. 

Dangerous gag order in North Carolina

A federal court in Asheville, North Carolina, may have entered one of the most egregiously unconstitutional gag orders against the press we’ve ever seen — for the second time. The order arguably purports to bar the entire media from reporting about a University of North Carolina student who was expelled over sexual abuse allegations. 

We say “may” because, as we explain on our blog, the order is ambiguous as to whether it is intended to silence the press or whether only UNC is gagged. But even if the court did mean to carve out the press, and inadvertently failed to say so, the effect is the same: a constitutionally intolerable chilling effect on journalists’ ability to report news without fear of punishment.  

Freedom of the Press Foundation (FPF) also partnered with the ACLU of North Carolina on a legal brief in opposition to the gag order. 

New documentary tells whistleblower Reality Winner’s story

A new documentary chronicles the story of NSA whistleblower Reality Winner and her fight to receive a fair trial — a struggle relatable to far too many whistleblowers. 

Whistleblowers charged under the Espionage Act, like Winner, have to defend themselves with one hand tied behind their back: they aren’t allowed to tell a jury why they shared information with the public. Perhaps because of this limit, Winner eventually pled guilty and was given the longest sentence ever imposed in federal court for unauthorized release of government information to the press. 

You can read more about the need to reform the Espionage Act here. Winner’s case is a powerful example of why change is so badly needed. 

What we’re reading

Public corruption prosecutions rise where nonprofit news outlets flourish, research finds. A new study finds that prosecutions for public corruption are more likely in U.S. communities served by a nonprofit news outlet, showing why it’s vital that local news outlets serve as watchdogs even when officials would prefer they write fluff pieces. Support for local news — whether in the form of nonprofit newsrooms or for-profit community outlets — pays off.

The Supreme Court rejects an appeal from former coal company CEO Don Blankenship. The Supreme Court rightly denied former coal baron Don Blankenship’s request to rewrite defamation law by eliminating the “actual malice” standard, which lets courts dispose of censorious lawsuits by the powerful. Blankenship sued journalists who called him a convicted felon, rather than a misdemeanant, for his role in safety violations before a fatal mine explosion. 

Russian court upholds detention of WSJ reporter Evan Gershkovich. The denial of Evan Gershkovich's latest appeal, despite Russia’s failure to present any evidence, is further proof that his “espionage” prosecution is a sham. The Russian government should immediately drop the charges and free Evan now.

FPF live: Police search and seizure in Marion

Want to see FPF and other experts talk about the illegal raid of the Marion County Record and what it means for press freedom? Well, you’ve got options. 

Join FPF Deputy Advocacy Director Caitlin Vogus next Wednesday, Oct. 18, 2023, from 7-8 p.m. EDT,  for a virtual event, “Police Search and Seizure in Marion: New — or Expanded — Front on Press Freedom.” Vogus will be part of a panel including Marion County Record Editor and Publisher Eric Meyer and other experts. Register here. 

Or you can hear FPF Advocacy Director Seth Stern join Meyer and Society of Professional Journalists President Claire Regan at another virtual event, put on by the SPJ’s Houston Chapter, called “Why What Happened in Kansas Matters to Us All.” That one is taking place Oct. 14th from 2-3 p.m. EDT, and you can register here.