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Covering the prison system

With all the talk about threats to U.S. journalists over the next four years, it’s easy to forget that nearly two million Americans are already living in a system rife with censorship, secrecy, and retaliation.

Despite its size and scope, the incarceration system is in many ways invisible. Its facilities operate outside the public eye and with less oversight than other governmental entities. And information about carceral institutions is closely guarded by corrections agencies that have a range of ways to restrict public access and block reporting efforts.

We published a two-part guide by journalist Daniel Moritz-Rabson on ways to navigate the challenges journalists face in covering incarceration facilities and incarcerated people. While the obstacles are daunting, we hope the guide serves as a reminder that facing these challenges is worthwhile.

TikTok isn’t the radio

In addition to making baseless national security arguments, people from opinion columnists to appellate judges have argued that banning TikTok is somehow consistent with existing governmental authority to regulate certain broadcasters.

Before today’s Supreme Court argument, Freedom of the Press Foundation (FPF) Senior Advisor Caitlin Vogus explained why they're wrong, both as a legal matter and a policy one, in Tech Policy Press.

“TikTok isn’t a radio station. If the Supreme Court treats it like one, it will open the floodgates to government control of other social media apps and the internet as a whole,” she wrote. Read the op-ed here.

Archivist can still fight secrecy

President-elect Donald Trump said this week he will replace the archivist of the United States, Colleen Shogan. Threatening to fire Shogan over the National Archives and Records Administration’s work (under a predecessor) to recover the records Trump wrongly took to Mar-a-Lago raises genuine concerns about retaliation and future compliance with the Presidential Records Act.

But the threat could have a silver lining if it prompts Shogan to spend her remaining time in the post being candid with the public about what NARA needs to survive. This will help supporters more effectively advocate for NARA during the next Congress. If NARA is undermined or neglected, expect even more overclassification from the federal government.

Read more about how Shogan can fight secrecy in The Classifieds, our new project dedicated to reforming overclassification and government secrecy.

What we’re reading

U.S. Press Freedom Tracker’s Stephanie Sugars on protests, police and the press (First Amendment Watch). Check out this interview with our U.S. Press Freedom Tracker Senior Reporter Stephanie Sugars about the Tracker’s annual arrest report and threats journalists — particularly those covering protests relating to the Israel-Gaza war — faced in 2024.

GOP senator reveals one condition that will get Tulsi Gabbard confirmed (Daily Beast). There are some legitimate reasons why Tulsi Gabbard is a controversial nominee for director of national intelligence. But her support for reforming surveillance programs used to spy on Americans shouldn’t be one of them. Unfortunately, it didn’t take long for Gabbard to change her stance.

Over and out? Emergency medical crews denied NYPD radios in move that unions say endangers the public (amNY). Who could’ve guessed that encrypting NYPD radio wouldn’t go well? To be fair, we didn’t see the first responders part coming.

Meta to end fact-checking program in shift ahead of Trump term (The New York Times). More free expression and more news on social media is, of course, a good thing. But based on Meta’s track record and the kind of speech it appears to be prioritizing, this looks like a political move, not a principled one.

Why I’m quitting the Washington Post (Ann Telnaes, Substack). The editorial cartoonist explained why she left the paper after 15 years when one of her cartoons was killed: “We’re talking about news organizations that have public obligations and who are obliged to nurture a free press in a democracy. Owners of such press organizations are responsible for safeguarding that free press.”

Ohio puts police bodycam footage behind a paywall (The Intercept). Some better ways to reduce costs of producing police footage: Put video online proactively, hold police accountable for misconduct before the press starts probing, or maybe even hire better cops.

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.