Release sealed documents in Herridge reporter’s privilege case

Dear Friend of Press Freedom:

We want to see the sealed documents a judge considered when imposing an $800-per-day fine on journalist Catherine Herridge for refusing to identify a source. Plus, a ubiquitous contract clause is making freelancers’ work more risky, the Pentagon has a journalist burn book, and conservatives are sounding the alarm about Donald Trump’s FCC.

FPF demands unsealing of documents in reporter’s privilege case

Investigative journalist Catherine Herridge was held in contempt of court for refusing to divulge sources for her reporting at Fox News on an investigation of a scientist and university president with alleged ties to the Chinese military, leading to a (currently paused) $800-per-day fine. The court’s misguided ruling may have been informed by documents about the FBI’s probe into the scientist that were filed under seal, even though the investigation is over and the documents aren’t classified. This week, Freedom of the Press Foundation (FPF) filed a motion to unseal those documents.

“The public deserves to see the documents behind this ruling and judge for itself whether the facts warrant undermining journalist-source confidentiality,” FPF Senior Adviser Caitlin Vogus said. “It’s especially galling that while the court demands Herridge reveal her sources, it keeps the basis for its own decision secret.”

Trump’s new scheme: suing for damages when his policies are criticized

Last week, Trump threatened the Center for American Progress with a $5 billion defamation lawsuit, alleging he was personally defamed by the think tank’s report concluding that his administration’s deployment of the National Guard to various U.S. cities did not reduce crime.

Trump’s attempt to turn criticism of government policy into a personal attack he can profit from in court isn’t just petty and self-involved — it undermines the First Amendment and long-standing principles at the heart of our democracy, FPF’s Vogus writes.

Oppressive clause in freelancer contracts chills journalism

Indemnification clauses are a common feature of freelancer contracts, placing freelancers on the hook for legal fees and judgments arising from their articles, even if they did nothing wrong. These clauses are terrible for journalism — making reporters less likely to submit stories that might aggravate their subjects — and don’t actually do anything to shield outlets from liability.

As more reporters get laid off from their full-time jobs and publications rely increasingly on freelancers, FPF Chief of Advocacy Seth Stern writes that it’s past time for them to cut these clauses out of freelance contracts.

Pentagon blacklists journalists

The U.S. Central Command maintains a secret blacklist of journalists whose questions the press office has decided to “disregard,” The Intercept revealed this week — one of many steps the Pentagon has taken during Defense Secretary Pete Hegseth’s tenure to vilify the press and obstruct its work.

Stern told The Intercept, “This should put to rest the Pentagon’s prior claims that its anti-press policies — like its infamous requirement that reporters sign pledges to only print authorized information — are somehow content neutral.”

Why Republicans should hate what the FCC is doing

Federal Communications Commission Chair Brendan Carr, a super-loyalist to the president known to wear Trump’s gilded face as a lapel pin, has made clear that he views the agency’s role as furthering Trump’s agenda. But his actions, including threatening ABC’s licenses over their content decisions, shouldn’t just scare those who are anti-Trump — he’s creating a precedent for the next president’s FCC to engage in similar censorship.

FPF Executive Director Trevor Timm runs down the dangers of this FCC’s actions for Americans of all political stripes, and the conservatives who are sounding the alarm about it.

Federal health agencies won’t talk to the press

Healthcare reporters have been dealing with widespread stonewalling from government agencies. In a live webinar next Tuesday, Sept. 1, hosted by FPF and the Association of Health Care Journalists, Vogus and three healthcare reporters will talk about why these problems persist, how reporters can overcome the stonewalling to get to the story, and what the public can do to push for greater transparency.