Dear Friend of Press Freedom,

The U.S.-Israeli war in Iran, all parties to which have abysmal recent records on press freedom, is sure to bring an escalation in censorship and retaliation against journalists. That makes it a perfect time (as it has been for over a century) to reform the Espionage Act, one of the primary weapons the government uses to stifle whistleblowing and war reporting. Read on for more.

The public deserves to know when Iran war reporting is stifled

Journalists covering the U.S. and Israel’s new war on Iran should be telling their audiences not only what they know but what they were prevented from finding out, and by whom.

That doesn’t just mean an occasional editorial bemoaning threats to press freedom. Those are valuable, but on their own, they turn speech suppression into a side issue. With an unprecedented censorship infrastructure surrounding this war, it’s anything but that. Freedom of the Press Foundation (FPF) Chief of Advocacy Seth Stern wrote about why reporting should include acknowledgment and explanation of how censorship impacts what the public sees and reads in each story.

Florida should not get its own mini-CIA

If Florida enacts House Bill 945, it will create a national first — a CIA-style structure at the state level that blurs the traditional line between state law enforcement and intelligence work. And it likely wouldn’t remain a local experiment. Red states often borrow aggressively from one another’s policy playbooks, on everything from gerrymandering to anti-abortion laws to transporting immigrants to Democratic-led states.

Stern, along with FPF’s Daniel Ellsberg Chair on Government Secrecy Lauren Harper and Florida First Amendment Foundation Executive Director Bobby Block, wrote for The Guardian that state-level intelligence offices empowered to scrutinize residents based on ideology are sure to be used against journalists.

A judge finally called a newsroom raid what it is

When a judge orders a journalist not to publish a story, everyone recognizes it as a prior restraint — the most serious First Amendment violation there is, according to the Supreme Court, and one that has never been allowed against the press. But when the government kicks down a reporter’s door and walks out with computers, or seizes a news photographer’s equipment at a protest, that’s often seen as something different.

It’s not — in both cases, the reporter is left unable to publish news, which is the harm that the prohibition on prior restraints seeks to avoid. Magistrate Judge William Porter’s February order restricting how prosecutors could search materials seized from Washington Post reporter Hannah Natanson recognizes this reality by treating the seizure of her materials, containing terabytes of data, source communications, and works in progress, as a prior restraint. We’ve been critical of other aspects of Porter’s order but he at least deserves credit for that.

Assange case coming back to bite ‘conventional’ journalists

For years we warned that the Espionage Act prosecution of WikiLeaks founder Julian Assange, started by the first Trump administration and shamefully continued by the Biden administration, would lead to attacks on more conventional reporters, regardless of official claims that Assange wasn’t really a journalist so the press needn’t worry.

In the past two months, the federal government and its defenders have used the Assange case to normalize and defend everything from seizing Natanson’s devices in violation of federal law to accusing journalist Seth Harp of illegally “leaking” identities of government officials. FPF Executive Director Trevor Timm explained this troubling trend in a video (and we’ve got plenty of other great video content on YouTube).

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What we’re reading

The New York Times takes the Pentagon to court

Columbia Journalism Review

The Pentagon’s media policy is “unconstitutional, but ... what they say after the fact makes their arguments even worse,” Timm said. They “admitted that they don’t care if people break this as long as they agree with them.”

Use our action center to tell Congress to pass Rep. Tlaib’s bill to fix the arcane and dangerous Espionage Act so the government can no longer treat whistleblowers and journalists like enemy spies.