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.

Last week, a federal judge in Florida ordered lawyer and professor Alan Dershowitz to disclose who is funding his defamation lawsuit against CNN. The ruling is welcome news in an era where billionaires and politicians fund surrogate plaintiffs to punish media adversaries.

More rulings like this one could go a long way in protecting newspapers from powerful entities who abuse the legal system to retaliate against stories they do not like. The best-known instance of this dangerous practice is Peter Thiel’s bankrolling wrestler Hulk Hogan’s lawsuit that bankrupted Gawker, but there are plenty other examples, and likely many that we’ll never hear about. Read more on our blog. 

FPF opposes subpoena to reporter who broke Harvard admissions scandal

Boston Globe reporter Joshua Miller is resisting a subpoena for his testimony in connection with a 2019 story about a father whose son got into Harvard after he bought the fencing coach’s house for well over its appraised value. The coach and father are on trial for bribery due to Miller’s reporting. After piggybacking onto Miller’s investigation, the government apparently now wants him to prove its court case for it as well. 

FPF joined a brief filed by the Reporters Committee for Freedom of the Press in support of Miller because journalists do not work for the government. Prosecutors’ claim that they only want Miller to confirm reported statements should not matter – they should call actual witnesses rather than use reporters as a shortcut. A federal judge in Chicago recently saw through a similar subpoena to the reporter whose work led to R. Kelly’s prosecution for sex crimes. Hopefully the judge in Boston will do the same but, regardless, the case underscores the need for the PRESS Act to finally put an end to these invasive and unnecessary subpoenas.

FPF welcomes new advocacy director

On a personal note, I am thrilled to join FPF as director of advocacy. I’ve spent my career fighting for press rights as a media lawyer, reporter and editor but FPF is in a position to effect change on a larger scale than any of my past work. I’ve spent much of my first couple weeks advocating for the PRESS Act (please contact Sen. Durbin’s office if you haven’t already) and meeting my inspiring new colleagues. I look forward to meeting FPF’s members and friends as well and will always welcome your input on how the advocacy team can best assist journalists and advance press rights. You can reach me at [email protected].

What we’re reading:

• Starbucks will get reporters’ messages with union, federal judge rules. A federal judge in Buffalo ordered Starbucks Workers United to turn over communications with reporters. SWU says it will appeal. Fortunately, the appellate court that would hear the case has previously recognized that reporter’s privileges aren’t worth much if litigants can get around them by subpoenaing the source instead. Let’s hope the court follows its own principles and protects SWU’s private communications with journalists. 

• Lawsuit targeting prominent St. Louis lawyer sealed from public view. It seems elementary that there are no secret trials in the United States but a St. Louis judge has nonetheless sealed an entire case – including any record of its existence on the court’s database. Legitimate confidentiality issues can be resolved with targeted redactions. The First Amendment cannot permit judges to operate behind closed doors.  

• Judges side with Review-Journal in series of rulings on seizure of slain reporter’s devices. A judge will allow the Las Vegas Review-Journal to access search warrants from the investigation of reporter Jeff German’s death. Relatedly, the Nevada Supreme Court stopped police from searching German’s devices unless they can explain why the reporter’s privilege should not apply. These are positive developments but warrants for newsgathering materials should never have been issued in the first place.

• District to revive student newspaper axed after LGBTQ issue. The Nebraska ACLU says that bringing back the paper in digital form is not enough to keep them from suing after a school employee admitted in an email that the paper shut down “because the school board and superintendent are unhappy with the last issue’s editorial content.” The Supreme Court has long held that “neither students nor teachers shed [First Amendment] rights at the schoolhouse gate” and we commend the ACLU for not letting the district off the hook.
   
• Arizona Republic denied request to serve as media witness to execution for third time. In an apparent retaliatory move for its coverage, the Republic’s executive editor says that Gov. Doug Ducey’s office informed him that the outlet was barred for printing “false information.” FPF Executive Director Trevor Timm told the paper that “We are very concerned about the state's apparent retaliation against media organizations for critically reporting on government activities.”