Dear Friend of Press Freedom,
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Democrats surrender on press freedom
Democrats spent election season fundraising by warning America that a second Trump term would kickstart America’s descent into fascism. It’d be logical to assume, then, that after Trump won, they’d do everything in their power to restrain his anti-democratic impulses. You’d think that even before he won, the mere prospect would spur some urgency to check his potential powers.
But they either didn’t really believe Trump posed the threats they campaigned on, or they don’t care. That’s evident because, despite Trump escalating his threats to retaliate against the media to unprecedented levels in the closing weeks of 2024, Senate leadership gave up on the PRESS Act — the bipartisan “shield” bill to protect journalist-source confidentiality.
There are no excuses for their failure. The bill passed the House unanimously and had bipartisan support in the Senate, which Democrats controlled. Sure, it didn’t help that Trump called on Republicans to kill the bill, or that Sen. Tom Cotton gave an irrational floor speech opposing it.
But those obstacles only arose because Senate Democrats waited 11 months to act, after the House passed the bill last January. And there were still opportunities in the closing days of the session, even if Sen. Schumer would’ve had to shorten senators’ holiday break. Bottom line, if leadership saw the bill as a higher priority, it would be the law of the land today.
The bill’s lead sponsors — Jamie Raskin and Kevin Kiley in the House and Ron Wyden and Mike Lee in the Senate — deserve credit for their diligent efforts. So do the newspapers that endorsed the bill, even though they should’ve done so sooner. But others — particularly those in leadership positions who could’ve done more — should be ashamed. If Trump follows through on his threats against the press they will share a significant portion of the blame.
Mohawk journalist speaks out about being arrested for reporting
Isaac White is a Mohawk journalist from the territory of Akwesasne in northern New York. He was arrested back in May for attempting to cover a demonstration in opposition to a land claim settlement.
White’s story about his arrest, which we published in December, discusses his shock at being arrested in violation of the Constitution his ancestors inspired and his suspicion that the charges against him and others were intended to silence critics of the settlement. These charges were dropped several months later, after Freedom of the Press Foundation (FPF) and other organizations wrote to local prosecutors.
If White’s suspicions are correct, those efforts failed. “While the thought of spending a year in county jail wasn’t appealing,” he writes, “there was no way I would bend to the state’s bullying.” Read White’s detailed and inspiring reflection on his ordeal here.
News outlets shouldn’t settle defensible cases
FPF Director of Advocacy Seth Stern argued in the Chicago Sun-Times that ABC could’ve defended Trump’s lawsuit alleging George Stephanopoulos defamed him by stating that he’d been found liable for rape, as opposed to sexual abuse. Instead, it settled for $15 million.
Stern would know — he helped defend the Sun-Times in a virtually identical case over 10 years ago. “Find me the person or company that’s eager to do business with alleged sexual assailants and abusers but draws the line at alleged rapists,” he writes, questioning whether Disney-owned ABC prioritized the interests of its nonmedia holdings over the First Amendment. You can read the op-ed here.
The 2025 journalist’s digital security checklist
In tumultuous times, we believe in being prepared, not scared. Sound digital security practice often involves forming and relying on good habits. Building these reflexes now will help keep journalists better protected against future threats.
This is why our digital security team distilled advice our trainers have shared with thousands of journalists over the years into actionable, concrete steps. Read more here.
What we’re reading
Federal lawsuit: Asheville journalists sue city, police over alleged illegal arrests (Asheville Citizen Times). Park curfews don’t mean police can evade scrutiny at night. The Asheville Blade had every right to cover a controversial Christmas night encampment sweep three years ago. Asheville officials must be held accountable for retaliating against journalists.
Indigenous journalism legacy ends in Akwesasne with Indian Time closing (Canadian Broadcasting Corporation). Sadly, Indigenous-owned news outlets face the same challenges as other local news outlets. Case in point, Indian Time, the newspaper White was reporting for when he was arrested, was recently forced to shutter. It covered Akwesasne, located at the U.S.-Canada border.
LA city officials use disappearing Google Chats. The city attorney is investigating (Los Angeles Times). When they’re not trying to sue or prosecute journalists for reporting on public records, Los Angeles officials use disappearing chats to avoid creating them in the first place. LA’s dismal track record on press freedom is a reminder for anyone who thinks it’s solely a Trump or Republican issue.
He leaked Trump’s tax returns. Will Biden protect him? (The Intercept). Charles Littlejohn didn’t leak tax evaders’ returns for personal gain, but because he saw no other path to accountability. We wrote last year that “even murder defendants are entitled to consideration of their motives at sentencing. Whistleblowers certainly should be as well.”
Meta’s WhatsApp wins ruling holding spyware maker NSO liable for hacking (The Washington Post). NSO Group, the maker of the notorious Pegasus spyware, cannot escape accountability in U.S. courts for its unlawful attacks on journalists and human rights activists in dozens of countries around the world.
Spyware is spreading — and it’s cheaper than ever (Columbia Journalism Review). Trevor Timm, FPF’s executive director, helped journalists Joel Simon and Ronan Farrow alongside Ela Stapley of the Committee to Protect Journalists come up with five tips for reporters worried about spyware attacks.
Check out our other newsletters
If you haven’t yet, subscribe to FPF’s other newsletters, including The Classifieds, our new newsletter on overclassification and more from Lauren Harper, our Daniel Ellsberg Chair on Government Secrecy.
