TikTok ban bill passes, weakens 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]) .

Illustration by the Electronic Frontier Foundation. (CC BY 2.0 DEED) ([link removed])


** Biden signs expanded spy powers into law
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Last week, we warned of a dangerous new bill ([link removed]) that would expand the government's surveillance authorities ([link removed]) under Section 702 of the Foreign Intelligence Surveillance Act, or FISA. Unfortunately, the Senate approved the Reforming Intelligence and Securing America Act, or RISAA, over the weekend.

President Biden quickly signed the bill into law, authorizing intelligence agencies to essentially “institute a spy draft ([link removed]) ” that could require ordinary Americans and businesses to help the government surveil online communications, including those of journalists.

RISAA raises the risk ([link removed]) that American journalists who communicate with foreign sources may face surveillance under Section 702. Sources who want to talk to American journalists won’t know whether their newsrooms might be bugged. Even Senators who voted for RISAA acknowledged that it was poorly drafted and promised ([link removed]) reforms. We must make them keep their word before RISAA can be abused by this administration or the next one. ([link removed])

TikTok ban passes, weakens press freedom

On Wednesday, Biden also signed legislation that would force the Chinese-based owner of TikTok to sell the app or face a ban ([link removed]) in the United States.

We’re not here to tell journalists ([link removed]) — or anyone else — to use TikTok. (Though if you do, be sure to check out our security tips for newsrooms ([link removed]) that use the app.) In fact, there’s plenty of reason to recommend against it.

But banning TikTok is wildly unconstitutional ([link removed]) . Worse yet, it could set a precedent that empowers the government to censor or outlaw news outlets ([link removed]) , too.

The TikTok ban will almost certainly be quickly challenged in court. Read the five strongest arguments for why the law is unconstitutional on our website ([link removed]) .

New York approves journalism funding law

With mass layoffs of journalists and shuttering of news organizations, some have asked whether journalism is headed toward an “extinction-level event. ([link removed]) ” Thankfully, some policymakers are finding creative ways to help fund local news media.

In New York, a new law makes the state the first in the nation to give news outlets a tax break ([link removed]) for hiring or employing journalists. It’s a model that other states and local governments throughout the U.S., and even the federal government ([link removed]) , should follow. Additional ways to fund local news that are under consideration by lawmakers in other jurisdictions also hold promise.

Read more on our website ([link removed]) about government policies that can fund local news while still maintaining journalistic independence.

Accountability needed in Alabama

Almost six months ago, the arrests ([link removed]) of Alabama reporter Don Fletcher and newspaper publisher Sherry Digmon made national headlines ([link removed]) . Last week, charges that Fletcher and Digmon broke the law by reporting on a grand jury subpoena were finally dismissed ([link removed]) .

That’s good news. But answers and accountability are still needed. As we explained ([link removed]) on our website, the case — which rivaled the raid of the Marion County Record ([link removed]) in Kansas for the most egregious U.S. press freedom violation of 2023 — was frivolous from the start.


** What we’re reading
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Photographer arrested while filming pro-Palestinian protest at University of Texas (U.S. Press Freedom Tracker) ([link removed]) . Police departments paid millions in settlement dollars for unlawful arrests of journalists covering protests in 2020, but they haven’t learned their lesson. The Fox 7 Austin journalist should never have been arrested for doing his job.

Lawrence journalism students convince district to reverse course on AI surveillance they say violates freedom of press (The Lawrence Times) ([link removed]) . High school journalists went toe-to-toe with school district officials — and won — when they pushed back on plans to monitor their electronic files using artificial intelligence.

How large parts of Trump’s trial are playing out in the shadows (Politico) ([link removed]) . The public shouldn’t be kept in the dark about former President Donald Trump’s unprecedented criminal trial. Journalists need contemporaneous access to court documents to report about it fully and accurately.


** FPF Live
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On May 2 at noon ET, in honor of World Press Freedom Day, our Deputy Editor Adam Glenn will be moderating a panel discussing the intersections of press freedom and the environment, with our Deputy Director of Advocacy Caitlin Vogus, freelance journalist Carlos Berríos Polanco, and Halle Parker, journalist and Society of Environmental Journalists board member. You can register here ([link removed]) .
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