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Dear friend of press freedom,
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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.
It’s also the end of the year, and we count on donations from supporters like you to keep us fighting for press freedom rights everywhere. Please consider donating to Freedom of the Press Foundation today.
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Courtesy of Veronica Coit/Asheville Blade
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Two North Carolina journalists are set to stand trial for trespassing after photographing a police eviction of a homeless encampment in 2021. It’s the latest in a series of unconstitutional arrests of reporters for doing their jobs. As we wrote on our blog, “attempts to criminalize journalism should serve as a call to action for citizens who value the freedom of the press.”
Just after publishing our blog post, the journalists’ trial was postponed to 2023. The delay deprives them of their right to a speedy trial under the Sixth Amendment, compounding the ongoing trampling of their First Amendment rights. On the bright side, though, it gives Asheville authorities even more time to hopefully come to their senses and drop the charges.
Unfortunately, the North Carolina ordeal is not the only little-noticed violation of press freedoms we’ve written about lately. A California judge entered an order at the behest of the public defender that purportedly bars journalists from contacting people identified in public records. The press was not even given notice — let alone a hearing — before the court entered the unconstitutional “prior restraint.” Fortunately, at least some media outlets are refusing to comply, but orders like these can intimidate journalists and keep newsworthy information out of the hands of the people.
FPF urges Sen. Mike Lee to support PRESS Act
We’ve previously urged Sen. Dick Durbin to “hotline” the PRESS Act – the federal shield bill that unanimously passed the House – so that it can receive a Senate vote before this Congress adjourns. We are cautiously optimistic that Durbin will do so but, to succeed, the bill still needs a Republican co-sponsor. To that end, we published an op-ed in the Salt Lake Tribune urging Sen. Mike Lee, who has a history of opposing government surveillance, to co-sponsor the bill. We explained that “Lee, like many Republicans, has been critical of the media establishment, but the PRESS Act’s protections are not limited to mainstream outlets. They cover anyone who gathers and publishes news to the public, regardless of political leanings, so that the government cannot deny the act’s protections to its adversaries.”
We urge any of our subscribers who live in Utah or have connections to Lee (or other Republicans on the judiciary committee) to contact his office and encourage him to advance the PRESS Act.
FPF supports journalists’ right to use drones and view warrants
FPF joined a brief filed by the Reporters Committee for Freedom of the Press supporting journalists’ right to use drones and opposing restrictions in Texas. It is imperative that journalists be able to use all available tools and technologies to inform the public. Reporters have used drones for everything from capturing aerial views of protests to predicting the emergence of cicadas. They take seriously their responsibility to operate drones safely and responsibly and have even developed a code of ethics. Government interference is not needed.
We also joined the RCFP in supporting the Electronic Frontier Foundation’s effort to unseal search warrants related to the use of cell site simulator technology in San Bernardino County, California. The brief discussed not only legal protections for access to government records but the public benefits achieved through reporting on warrants — for example, the warrant to enter the home of Breonna Taylor. The California Supreme Court should join courts nationwide in recognizing that the First Amendment requires press and public access to warrants.
-Seth Stern, Director of Advocacy
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What we’re reading
Online mobs are now coming for student journalists. The Washington Post reports that online harassment is ending journalism careers before they even start. Everyone suffers when talented people choose not to enter the profession or when journalists have to hide from the public. As The Post explains, it’s not just about mean tweets. Death threats, doxing and other dangerous forms of harassment are an everyday reality for journalists and everyone from J-schools to newsrooms needs to step up their efforts to deal with this growing problem. FPF has written extensively on the lack of digital security education in J-schools and has developed a cutting-edge curriculum for schools willing to make a change.
Major news outlets Urge U.S. to Drop Its Charges Against Assange. An open letter from The New York Times and four European news outlets (The Guardian, Le Monde, Der Spiegel and El País) said that the prosecution of Julian Assange “sets a dangerous precedent” that threatens First Amendment freedoms. We commend the news outlets for taking a stand and hope others will join. FPF has opposed the prosecution of Assange from the beginning, regardless of whether it was politically fashionable.
Scorched Earth Litigation: the call for Anti-SLAPP may save you. Columbia Journalism Review is correct that plaintiffs seek out courts with weak protections against Strategic Lawsuits Against Public Participation (SLAPPs) to harass journalists with frivolous lawsuits. Fortunately, efforts are underway to address the issue. Rep. Jamie Raskin has introduced a federal bill and several states have enacted or are considering the Uniform Public Expression Protection Act.
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