Concerns are mounting about a potential clampdown on the press if Donald Trump enters a second term, particularly after he nominated Kash Patel as FBI director, someone known for seeking vengeance against journalists. However, a unique opportunity to safeguard press freedom has arisen with the bipartisan Protect Reporters from Exploitative State Spying (Press) Act. This piece of legislation stands as the most robust press freedom proposal in American history and is nearing a Senate vote. While President-elect Trump has encouraged Republicans to oppose it, there’s still a possibility the Senate could pass it onto Joe Biden before the current Congressional session concludes in January.
The Press Act aims to prevent secret government demands for journalists’ records from tech companies like Google or Verizon and shield journalists from being incarcerated for not disclosing their sources. Investigative journalists, who are crucial in holding government officials accountable for corruption and malpractice, must be able to protect their sources’ anonymity. With recent court decisions further weakening the already fragile “reporter’s privilege” protections, this bill would finally offer American journalists federal safeguards comparable to those in other confidential relationships, such as those between lawyers and clients, doctors and patients, and spouses.
The bill holds appeal for both Democrats and Republicans. Its wide-ranging and nonpartisan definition of “journalist” acknowledges the diverse media landscape of today. It doesn’t require one to work full-time for established media outlets; freelancers, independent reporters using platforms like Substack, and even those focusing on social networks such as X are covered. It offers equal protection to conservative journalists and those working for larger outlets such as the New York Times or the Guardian.
Moreover, the bill includes practical exceptions for national security issues, such as thwarting a terrorist attack, without weakening its robust protections. It’s crucial to note that Democratic administrations have also leveraged their powers against journalists’ First Amendment rights, similar to Republicans. The Obama administration set a record for prosecuting whistleblowers and was also involved in various government surveillance scandals, including covertly targeting reporters at the Associated Press and Fox News.
Even the Biden administration, initially, continued some of the Trump administration’s surveillance efforts against the media before public backlash prompted a change. This context of deep political division makes the Press Act a rare example of bipartisan effort. The House passed it unanimously early in 2024, with notable Republican figures emphasizing its significance. It has strong backing in the Senate, with sponsors ranging from Democrats like Ron Wyden and Judiciary Committee Chair Dick Durbin to Trump-aligned Republicans including Mike Lee and Lindsey Graham.
The bill has even garnered support from former Fox News host Tucker Carlson, as seen in a recent interview with ex-Fox News and CBS reporter Catherine Herridge, who faced a subpoena over a source for a past story. Her legal team argued before the DC Court of Appeals that compelling reporters to disclose sources in court could deter many others nationwide. For the bill’s passage, Senate Majority Leader Chuck Schumer must prioritize it urgently. With the lame-duck session lasting only a few weeks, inaction could delay another opportunity by a decade or longer.
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