Police to release footage of journalist arrests after court petition by FPF
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Florida Gov. Ron DeSantis. Credit: Gage Skidmore
Gov. Ron DeSantis had one of his minions in the Florida House of Representatives introduce a bill echoing talking points from his anti-press roundtable ([link removed]) earlier this month. As we told Politico ([link removed]) , we’ve “never seen anything remotely like this legislation” and would be “quite surprised if any state Legislature had seriously considered such a brazen and blatantly unconstitutional attack on speech and press freedoms.”
It’s even more alarming that the bill does not come from some rogue representative — it has the full and vocal backing of a governor and likely presidential candidate. The bill, like DeSantis’ roundtable, predictably attacks New York Times Co. v. Sullivan, the landmark 1964 Supreme Court case that restricts public figures from nitpicking at inadvertent errors to sue critics into bankruptcy. But it does not stop there.
We told Common Dreams ([link removed]) that the bill would also “stifle investigative reporting by presuming any statements attributed to anonymous sources to be false despite that (or, given DeSantis' ambitions, maybe because) confidential sources have literally brought down presidents in this country.”
It would even allow defamation plaintiffs who prevail – even in close cases and even when the damages are insignificant – to recover their attorney’s fees. That’s sure to encourage timidity and self-censorship from media outlets fearing exorbitant fee awards that they would have to appeal at their own expense. And that’s not to mention independent journalists, bloggers and other critics of the government who can’t afford their own lawyers, let alone someone else’s.
Those are only a few of the bill’s outrageous terms. There are plenty more, like the ridiculous provision for additional penalties against people who allege race or gender discrimination. It’s all the more reason why the U.S. Congress needs to codify Sullivan ([link removed]) and protect press freedoms before other governors copy DeSantis’ authoritarian antics.
** Bodycam footage of journalist arrests to be released after FPF court petition
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A North Carolina judge will grant a petition ([link removed]) filed by Freedom of the Press Foundation (FPF) and its partners to release body camera footage of the arrests of two Asheville Blade journalists while covering a homeless encampment eviction at a public park on Christmas night of 2021.
The petition argued that transparency is needed so the public can determine for themselves whether the police, who also seized a journalist’s phone, targeted the press in retaliation for reporting their actions. The journalists are not accused of obstructing the police or of any other offense other than gathering news at a public park minutes after its closing time. Our January op-ed in the Asheville Citizen Times ([link removed]) questioned whether late night dog walkers and star gazers get similar treatment in Asheville or whether it’s reserved for journalists doing their jobs.
After numerous continuances, the journalists are set to stand trial on April 19th. This week, the Columbia Journalism Review highlighted their cases ([link removed]) , along with other journalist arrests and anti-press rhetoric, as a leading example of the “concentric circles of press threats in America.”
** This is the year to pass the PRESS Act
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The PRESS Act came within inches ([link removed]) of becoming law in 2022 and we’re not giving up on finally protecting journalists from government surveillance. We wrote an op-ed for the Charleston Post & Courier ([link removed]) on why Sen. Lindsey Graham, and all conservatives, should protect the First Amendment by supporting the act.
Graham is the new ranking Republican member on the Senate Judiciary Committee and his support is vital to the PRESS Act’s passage. He’s supported shield laws before and we’re optimistic he’ll do so again. The PRESS Act has bipartisan backing because it does not discriminate based on the political viewpoints of journalists or whether they carry establishment press credentials — it protects all lawful newsgathering.
We explained in the op-ed that, if the PRESS Act were the law, Republicans would not have to spend time and money investigating allegations that Democratic administrations targeted conservative media. They could stop it from happening in the first place.
Maybe 2023 can be the year that we both end surveillance of journalists and codify protections against retaliatory defamation cases. But either would be a huge win and a major step toward putting the DeSantises of the world in their place.
** FPF trains student journalists on digital security
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February 23rd was Student Press Freedom Day ([link removed]) and FPF partnered with the Student Press Law Center to conduct a Digital Security 101 training for student journalists. The webinar, presented by FPF Principal Researcher Dr. Martin Shelton ([link removed]) , provided beginner-level digital security tips to students starting their journalism careers, and introduced FPF’s digital security tools, like SecureDrop ([link removed]) and Dangerzone ([link removed]) . FPF also offers a cutting-edge digital security curriculum ([link removed]) for journalism schools.
** What we’re reading
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Spectrum News 13 reporter killed, photographer shot while reporting ([link removed]) : Reporter Dylan Lyons was shot and killed on Wednesday, and photographer Jesse Walden was critically injured, after a gunman who had killed a woman earlier in the day returned to the scene and opened fire on their news vehicle. He also killed a 9-year old girl. Walden is reportedly alert and able to communicate. A suspect has been arrested and authorities are investigating whether he intentionally targeted Lyons and Walden because they were journalists. Freedom of the Press Foundation’s U.S. Press Freedom Tracker reports that Lyons is the seventh journalist ([link removed]) killed while reporting in the U.S. since 2017.
Supreme Court won't upset Arkansas anti-Israel boycott law ([link removed]) : The Supreme Court let a ruling stand permitting the government to withhold ads from newspapers that won’t pledge not to boycott Israel. The Arkansas Times was not itself boycotting Israel but it rightly challenged the law because ([link removed]) “we would never sign a contract that’s conditioned on the unconstitutional suppression of free speech.” The Supreme Court should have taken the opportunity to stand up for First Amendment rights because compelling speech is just as dangerous as censoring speech.
Companies can’t ask you to shut up to receive severance, NLRB rules ([link removed]) : In a win for journalists and corporate whistleblowers alike, the National Labor Relations Board ruled that companies cannot require laid-off employees to agree not to disparage them as a condition of receiving severance benefits. The ruling is sure to help journalists expose corporate malfeasance. If politicians like DeSantis really wanted the press to cut down on anonymous sourcing they would support similar transparency measures at the government level so their own employees could expose misconduct in their own names without fear of retribution.
** Freedom of the Press Foundation is hiring
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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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