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Alliance President and CEO Danielle Coffey stated, “The PRESS Act provides a vital safeguard for the important work of the free press in reporting on matters important to our communities, without fear of government interference or intimidation. The Alliance thanks Representatives Kevin Kiley and Jamie Raskin for their leadership on this bill in the House and we look forward to supporting this important bi-partisan bill advancing in the Senate.”

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The post Statement: News/Media Alliance Applauds Passage of PRESS Act in House appeared first on News/Media Alliance.

“His sixth life term was for my attempted murder. … I wish every day we could go back to June 27th and have it be like it was with my coworkers and me working in our newsroom and just try to tell the stories from our community. … That’s what keeps me going is trying to honor my colleagues. I struggle every day with PTSD and depression and anxiety … It’s something that I don’t think will ever go away.”

–  Paul Gillespie, Capital Gazette

“We need this backstop of federal protection in the event that local authorities decline to act whenever a journalist is attacked … it will send a strong message to the American people that violence against anyone, particularly journalists, seeking and reporting the truth on behalf of the public, will not be tolerated.”

–  Dan Shelley, RTDNA

Guests: Paul Gillespie, Capital Gazette and Dan Shelley, RTDNA

In this first episode of News Take: Free Press Focus, a subseries of the News Take podcast, we hear from RTDNA CEO Dan Shelley and Capital Gazette Photojournalist Paul Gillespie about the dangers that journalists face on the job and what can be done to combat the threat of violence. Gillespie is one of six survivors of the 2018 shooting at the Capital Gazette in Maryland and speaks on his experience and the importance of shielding journalists from harm. Dan Shelley speaks to RTDNA’s major priority in passing the Journalist Protection Act, a law that would make assaulting a journalist a federal crime. With extensive experience in the media industry, both Gillespie and Shelley illustrate the significance of journalists as a whole and what we, as a community, can do to support them.

Listen or download the audio file to listen offline:

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Speaker bios:

Paul Gillespie has been a photojournalist at Capital Gazette Communications since 2000. He is a 2019 Pulitzer Prize recipient and was named Time Magazine’s Person of the Year alongside the staff at Capital Gazette. Gillespie is one of six survivors of the 2018 shooting at Capital Gazette in Annapolis, in which he lost five close colleagues. He is one of two survivors who still work for the publication today.

Dan Shelley is the President and CEO of the Radio Television Digital News Association, RTDNA, the world’s largest professional organization dedicated to broadcast and digital journalism. He has an extensive background in digital media, including his previous role as Senior Vice President, Digital Content Strategy at iHeartMedia. Since the Journalist Protection Act was introduced in 2018, RTDNA has heavily advocated for passing the legislation.

Related links:

Journalists Matter Project – Faces of the Capital Gazette

The Journalist Protection Act – Senate press release

RTDNA – Journalist Protection Act Advocacy Toolkit

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Send your suggestions for future News Take guests to Senior Counsel & Director of Public Policy, Charlotte McBirney, at charlotte@newsmediaalliance.org.

News Take Production Team:

Host and Executive Producer: Charlotte McBirney, Senior Counsel & Director of Public Policy, News/Media Alliance

Production Support, Editing & Distribution:

Georgi-Ann Clarke, Social Media & Content Manager, News/Media Alliance
Lindsey Loving, Director, Communications, News/Media Alliance
Kayla Singer, 2023 Summer Intern, News/Media Alliance

Audio & Video Engineer: Current Media Group

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Image Credit: ChiccoDodiFC / iStock/Getty Images Plus via Getty Images

On August 11, 2023, a small-town newspaper in Kansas, the Marion County Record, was raided by law enforcement. Police came into the paper’s offices and the home of its co-owner and seized the paper’s electronic devices and files. The raid quickly made national and international headlines, sending shock waves throughout the free press community. Why had police raided the premises? Was the raid legal?  What does this mean for our free and independent press? These questions and more swirled around this unusual event.

The News/Media Alliance quickly condemned the raid, along with numerous other organizations, in a letter led by Reporters Committee for Freedom of the Press (RCFP). In the days and weeks following the raid, we know the answers to many questions, but some remain unanswered, such as: What lasting impact will the raid have on the independence of the free press in this country?

As reported, the raid was conducted in response to a local restaurant owner’s claim that a reporter at the paper had allegedly committed identify theft in accessing her driving record. In fact, we now know the reporter accessed public records on a public website in order to verify a tip she received from a confidential source. Five days after the raid, after much public outcry, the warrant was withdrawn and the paper’s equipment returned. While some may read this and think, “No harm, no foul,” unfortunately this couldn’t be further from the truth.

Here are three reasons why this raid is no small-fry matter, and why every American should be alarmed:

1)       The Press Rely on Protection of the Law to Keep Government Accountable

The press has long operated as an unofficial watchdog of government, uncovering misconduct and corruption through investigative journalism, and keeping the public informed of government actions. Journalists are only able to do this, however, if they can rely on laws designed to protect them from government overreach or abuse of power. Most states have press shield laws (something still needed on the Federal level), such as the Kansas Shield Law, which should have protected the Marion County Record from a raid, providing for a subpoena instead of a raid. The raid broke several norms, and the broad seizure of equipment caused the paper to almost shut down its operations. A reporter at the paper has filed a lawsuit against the police chief, claiming her First Amendment rights were violated, and alleging the raid was intended to ‘punish the journalists for investigating and reporting news stories.’

2)      Police Raids Have a Chilling Effect on Journalists and Sources

If the government can infringe upon the rights of the free press, raid their premises and search through confidential source materials, this can have rippling effects – chilling not only the investigative work of journalists, but also deterring sources from coming forward. In the words of Eric Meyer, owner of the Marion County Record, “it would be the end of people ever being able to send anything anonymously to a newspaper.” Our democracy relies heavily upon the freedom of the press. Without it, America begins to resemble countries like Russia or North Korea, where the government routinely raids news organizations, intimidates reporters, and exposes confidential sources precisely to silence the press and anyone who helps uncover truths.

3)      The Human Impact of this Event Cannot Be Understated

Tragically, the paper’s co-owner, 98-year-old Joan Meyer, collapsed and died just one day after her home was searched as part of the raid. The coroner determined that the stress of the search was a contributing factor to her death. Her son and now sole owner Eric Meyer said in an interview, “So the last 24 hours of a 98-year-old woman’s life was devoted to pain and anguish, and a feeling that all her life didn’t matter.” Beyond this personal and unnecessary tragedy, a raid on a news organization breeds mistrust in the press and law enforcement and can splinter communities, especially in small towns such as Marion County.

The impact this raid will have on American journalism going forward is yet to be seen. That will largely depend on how strongly the community at large condemns such raids and what if any accountability arises from it. The News/Media Alliance continues to stand in support of the Marion County Record and all journalists in pursuit of the protection of their First Amendment Rights.

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On September 13, the Alliance joined a letter with 62 other media organizations urging the Supreme Court to make permanent its practice of providing the public with access to a live audio feed of oral arguments before the Court. The letter, led by RCFP, outlines the strong arguments for making access to the live audio feed permanent. The practice, which was started by the Court in response to the onset of the COVID-19 pandemic in 2020, has greatly increased access to the Court’s proceedings, not only to the public but to journalists across the country. With the feed, the press can report on arguments before the Court more accurately and in real time. This information significantly benefits the public in enhancing their understanding of the functioning of the Court and the broader role that the Court plays in our legal system and democracy. The Alliance supports open access to Supreme Court proceedings and urges the Court to make the live audio feed a permanent practice in support of ongoing transparency. Read more.

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On September 7th, New Jersey Governor Phil Murphy signed into law S.2802/A.4393, to provide anti-SLAPP protections against lawsuits known as SLAPPs (short for strategic lawsuits against public participation) designed to chill free speech. New Jersey becomes the 33rd state to adopt such a statute, which will allow courts in New Jersey to dismiss meritless lawsuits designed to silence criticism or speech on issues of public interest.

The New Jersey law is based on the Uniform Public Expression Protection Act (UPEPA), a model statute that has been adopted by four states and provides some of the strongest protections against meritless claims. These protections are vital to ensuring that journalists can freely report on matters important to the public and perform their function as unofficial watchdogs of government action. Anti-SLAPP laws also protect the general public from being intimated into silence when criticizing public officials or other powerful figures.

The post New Jersey Becomes 33rd State to Enact an Anti-SLAPP Law appeared first on News/Media Alliance.

On August 7th, the Alliance joined a brief in Las Vegas Review-Journal v. State of Nevada, filed in the Supreme Court of Nevada, in support of the Journal’s efforts to shield the confidential materials on slain journalist Jeff German’s devices from law enforcement. After Mr. German was stabbed to death outside his home in September 2022, police seized his cellphone, laptops, and a hard drive. The Journal sought a protective order preventing the district attorney and public defender from reviewing the contents of the devices, which would threaten the confidentiality of Mr. German’s sources, some of whom may be employed by law enforcement. The District Court adopted a search protocol that would allow designated law enforcement officials to review the contents of the devices. The brief, filed by RCFP, argues that the District Court’s order should be vacated as it violates Nevada’s shield law which protects a journalist’s confidential newsgathering materials. The Alliance strongly supports the protection of reporter-source confidentiality which is especially important for investigative journalism. Read more.

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On August 7th, the Alliance joined a brief in Sawyer v. Virginia, filed in the Virginia Court of Appeals. The case concerns a series of public records requests by nonprofit watchdog American Oversight (“AO”), submitted to the Virginia Office of the Governor, seeking information about a “Tip Line” set up by the Youngkin administration to end the use of what it termed “inherently divisive concepts” in state education. The requests were made under the Virginia Freedom of Information Act, Va. Code Ann. § 3700, et seq. (“VFOIA”), which creates a broad presumption in favor of unimpeded public access to government records. The Governor’s office withheld several hundred pages of records claiming they were exempt from disclosure under the VFOIA’s “working papers exemption”. AO narrowed the scope of its requests to ensure they do not fall within the scope of that exemption, but the Governor’s office continued to withhold the records. AO filed suit in Arlington County Circuit Court and the court ruled in AO’s favor, ordering the Governor’s office to disclose responsive records. The Governor’s office is appealing that decision, arguing an overly broad interpretation of the exemption that would result in essentially any record or communication merely passing through the office to be exempt from disclosure. The brief, filed by RCFP, urges the Court of Appeals to uphold the Circuit Court’s ruling and argues that the Governor’s interpretation would fly in the face of the intent of the VFOIA. Public access to government records is not only vital to the work of journalists but is also essential to democracy in allowing oversight of the actions of government agencies. Read more.

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Update: Unfortunately, on September 27, 2023, the Supreme Court of Illinois denied the Edgar County Watchdogs’ Petition for Leave to Appeal, without an opinion or explanation.

On July 27th, the Alliance joined a brief in Edgar County Watchdogs v. The Will County Sheriff’s Office, filed in the Supreme Court of Illinois. This case concerns a local news outlet, Edgar County Watchdogs (“ECW”), seeking the disclosure of audio recordings from 911 calls from Will County Sheriff’s Office. The Sheriff’s Office denied ECW’s FOIA requests based on privacy reasons, because the calls contained personally identifying information. ECW sued, alleging a willful violation of its FOIA request and the trial court ruled in ECW’s favor, ordering that the Sheriff’s Office had to produce the 911 recordings after using computer software to mask the caller’s voice or produce transcripts of the calls. The Sheriff’s Office appealed, arguing that they do not have the computer software capable of masking the caller’s voice and the recordings are exempt from disclosure. The brief, filed by RCFP, argues that agencies, such as the Sheriff’s Office, are required to keep pace with evolving technology to afford access to electronic media (especially when such technology is readily available at little or no cost). Access to records such as 911 calls can be critical for journalists to report on important events, and agencies should not be able to rely on outdated technology to avoid disclosure requirements. Read more.

The post Alliance Joins Brief Arguing Outdated Technology Not an Excuse to Avoid Disclosure Requirements appeared first on News/Media Alliance.

News/Media Alliance President & CEO, Danielle Coffey stated, “We applaud Reps. Tenney and DelBene for introducing the Community News and Small Business Support Act and putting the needs of local communities first by supporting local news publishers, who provide critical journalism and information to Americans across the country. Without vital support such as tax credits for publishers and local businesses, publishers will not have the resources to continue investing in providing news and news deserts will continue to grow, making quality local journalism increasingly inaccessible to those who need it and allowing harmful mis- and disinformation to promulgate.”

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