Congress must act before Supreme Court protections are repealed

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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]) .

Florida Gov. Ron DeSantis. Credit: Matt Johnson

Florida Gov. Ron DeSantis made a name for himself trying to censor educators — and now he’s coming for the press ([link removed]) .

We ran an op-ed in the Tampa Bay Times ([link removed]) responding to his ridiculous roundtable where he and his guests brainstormed how to roll back long-established First Amendment safeguards so the powerful can weaponize the press against detractors.

The piece explored how DeSantis cynically styles himself as a champion for the “little guys” while promoting policies that “instead help the wealthy and powerful to bully detractors into silence through expensive litigation, leaving those ‘little guys’ less informed — just how he likes them.”


** It’s time to codify NYT v. Sullivan
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A primary focus of DeSantis’ roundtable was overturning NYT v. Sullivan — the seminal 1964 case requiring public figures suing for defamation to prove their critics either knew their statements were false or recklessly disregarded the truth.

The standard recognizes that an aggressive press and vibrant public discourse is impossible without some breathing room for hyperbole and unintended errors. It resulted in an immediate reduction in politically-motivated defamation suits at a time when they were commonly used to stifle reporting on ([link removed](1)) the civil rights movement and the Jim Crow South.

We wrote on our blog ([link removed]) about a proposal in a law journal article ([link removed]) (PDF) authored by professors Matthew Schafer and Jeff Kosseff to codify Sullivan’s actual malice standard as well as other vital protections against abusive defamation suits.

With multiple Supreme Court justices joining DeSantis in his skepticism about Sullivan, it’s the only way to ensure that these hard-fought protections for press freedoms are not lost.


** Charges dropped against journalist covering derailment press conference
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Ohio authorities dropped trespassing and resisting arrest charges ([link removed]) against journalist Evan Lambert after he was violently arrested for broadcasting during Ohio Governor Mike DeWine’s press conference about the train derailment in East Palestine.

Sure, it’s great news that he won’t have to face trial for doing his job. But he never should have been arrested in the first place. He was covering a press conference to which the press was, obviously, invited, and the governor himself said he had no problem with Lambert broadcasting.

Law enforcement tried to justify the arrest by claiming Lambert became enraged and aggressive when confronted, and that officers felt physically threatened. But numerous videos of the incident show no such thing.

It’s another instance of officers acting as if their own unconstitutional orders are laws that can be enforced with arrests. They’re not, and Lambert should sue.


** What we're reading
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Leaked files reveal reputation-management firm’s deceptive tactics ([link removed]) . The Washington Post exposed a shady reputation-management firm's use of fraudulent copyright complaints to censor unflattering news about its clients. Disinterested platforms often remove content rather than investigating complaints. Currently, Section 230 of the Communications Decency Act protects platforms from liability for hosting defamation but politicians on both sides of the aisle want it repealed and challenges are pending before the Supreme Court ([link removed]) . The Post’s story is a cautionary tale of a world where the powerful can scrub the internet of criticism with similar frivolous takedown requests alleging they were defamed.

Reporter's dismissal exposes political pressures on West Virginia Public Broadcasting ([link removed]) . NPR has a highly concerning report on efforts by West Virginia politicians, including Gov. Jim Justice and his appointees, to influence West Virginia Public Broadcasting’s coverage and personnel decisions. The prospect of funding cuts threatens to coerce the station into compliance, weakening one of the few remaining news sources in the state.
These women journalists were doing their jobs. That made them targets ([link removed]) . An important story on harassment of women journalists around the world. Women, non-binary, gender non-conforming, and transgender reporters are at highest risk for attacks. The Washington Post explains that even when attacks don’t result in violence, which they often do, they can force journalists out of the profession or into hiding.



** Freedom of the Press Foundation is hiring
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Freedom of the Press Foundation (FPF) is thrilled to be hiring for two important roles ([link removed]) . Please apply if you’re interested or forward to anyone you know who wants to make a real impact in the fight for press freedoms.

Deputy Director of Advocacy

We’re seeking a deputy director of advocacy to help lead our efforts to protect the rights of journalists and whistleblowers. The role includes plenty of writing (perfect for current or former journalists) as well as organizing advocacy campaigns to protect journalists and whistleblowers at both the national and local levels. Apply here ([link removed]) .

Deputy Editor

We’re also looking for a deputy editor to help further our impact through editing and engagement. The deputy editor will work across FPF with our advocacy, digital security and U.S. Press Freedom Tracker teams as we defend press freedom worldwide. Apply here ([link removed]) .

— Seth Stern, Director of Advocacy
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