Dear Friend of Press Freedom:
Without whistleblowers, the reality of the war in Iran would stay hidden. The Trump administration is trying to silence those voices — and they want to force the press to help. Read on for how to stop them, and more of this week’s most important press freedom news.
‘National security’ is code for ‘bury the truth’
On Monday, The Wall Street Journal revealed that the Department of Justice sent grand jury subpoenas to the paper, demanding records of its journalists related to reporting about the lead-up to the Iran war. Other media outlets have received similar demands. Thankfully, the Journal has said it intends to fight back.
“The government’s investigation of The Wall Street Journal has nothing to do with ‘national security,’” said Freedom of the Press Foundation (FPF) Chief of Advocacy Seth Stern. “It’s an outrageous attempt to silence sources, intimidate journalists, and bury the truth.”
The DOJ is eager to ferret out confidential sources who’ve helped journalists report the truth about the war in Iran. If you’re a journalist, don’t wait to beef up your digital defenses. Explore FPF’s resources, training, and other services and take steps to protect your work and sources here.
Plus, everyone should tell their member of Congress to speak out and condemn the DOJ’s subpoenas to The Wall Street Journal and other news outlets.
Israel threatens New York Times over torture report
Israel claimed this week that it will sue The New York Times over Nicholas Kristof’s column on the rape and torture of Palestinian prisoners, including some journalists.
The Israeli government may be bluffing, like it has before. But as FPF Executive Director Trevor Timm explains, any lawsuit would be both frivolous and outrageous.
Israel needs to stop shooting the messenger, including literally in Gaza and Lebanon, and take a look in the mirror that The New York Times is holding up.
Secret ethics sanctions for former U.S. attorney
A New York state grievance committee told us last week that it had found that John Sarcone, a former U.S. attorney in New York who’s still overseeing the prosecutors’ office, committed professional misconduct after investigating our ethics complaint over Sarcone’s retaliation against the Albany-based Times Union. But it claimed its decisions were confidential and we weren’t allowed to tell anyone.
Pro tip: Don’t try to impose an unconstitutional prior restraint on an organization with freedom of the press in its name. Sarcone’s case is plainly newsworthy and the public is entitled to monitor both his antics and whether the grievance committee is doing its job.
When legal ethics authorities frequently dismiss meritorious complaints or let people like Sarcone off with slaps on the wrists, they act more like protection rackets than regulators.
Arrested and strip-searched for evading FOIA?
Armed federal agents recently arrested Dr. David Morens, a retired government scientist, strip-searched him, and charged him with crimes that could carry decades in prison — all for allegedly using his personal email to try and evade Freedom of Information Act requests from a mix of organizations, including the Heritage Foundation, Judicial Watch, and U.S. Right to Know.
FPF Daniel Ellsberg Chair on Government Secrecy Lauren Harper explains in The Intercept that Morens should be held accountable for violating FOIA, if the accusations against him are true. But his case raises a troubling question: Would the DOJ bring similar charges if the requesters were less politically aligned with the current administration?
The answer is likely no, and, as Harper writes, that’s the real danger: Making FOIA evasion a crime only if the administration has a score to settle.
Join us for ‘Right to Know: Media and Whistleblowing’
On Tuesday, May 19, at 8:30 p.m. Eastern time, FPF, Whistleblower Aid, and the Society of Professional Journalists will host an off-the-record webinar for reporters about how to safely and legally disclose wrongdoing when their employers trade editorial independence to curry favor with the government. Attendees will be anonymous. It’s sad this is needed, but it is.
What we're reading
ABC refuses to capitulate to Trump admin, fights FCC probe into ‘The View’
Stern said Federal Communications Commission Chair Brendan Carr hopes broadcast licensees will self-censor in response to his frivolous attacks rather than pick a fight. “It’s about time news outlets start telling Carr and his Donald Trump lapel pin to kick rocks.”
Will Donald Trump be allowed to destroy his records?
We’ve sought an emergency order to stop the Trump administration from ignoring the Presidential Records Act and dismantling the system that preserves America’s history.
Investors using shareholder power to challenge corrupt Paramount deal
“We are participating in corporate governance to protect the freedom of the press and protect our investment,” FPF’s Stern explained.
SPJ-led coalition urges VA to end investigations into employees for speaking to press
Public employees like those at the Department of Veterans Affairs have the right to speak on matters of public concern as private citizens.
NCLA’s eight-year fight spurs SEC proposal to alter unconstitutional gag rule censoring Americans
As our panelists discussed in a webinar earlier this month, it’s way past time for the Securities and Exchange Commission to throw its plainly unconstitutional prior restraint in the trash bin.
What becomes of a journalist after prison?
“Some people leave prison quieter. Others return determined to speak out loud,” writes Ahmed Shihab-Eldin, the journalist recently freed from a Kuwaiti prison after nearly two months behind bars.
How legal bullying works — and how to protect yourself
Learn how free speech bullies use the court system to silence reporters and every day people in this talk from First Amendment lawyer Laura Prather.
