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Don’t let prosecutors define journalism
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Federal prosecutors are claiming a startling new power: the ability to decide what is or isn’t “legitimate” journalism.
In May, prosecutors smeared journalist Trevor Aaronson and the entire field of documentary journalism, simply because Aaronson wants to report on an ongoing terrorism case. Prosecutors accused Aaronson of having “improper motives” and wrote that documentaries aren’t like news articles because, according to the government, they rely on emotion and narrative and may leave out information.
Aaronson recently spoke to Freedom of the Press Foundation (FPF) about the “egregious and false” accusations against him. Prosecutors’ actions, he said, are a form of intimidation.
Read more on our website about Aaronson’s case and other self-serving attempts by prosecutors to define journalism.
AT&T breach and source protection
AT&T recently announced that it suffered a breach of text and phone records from “nearly all” customers.
That means if you’re a journalist who used AT&T between May 1 and Oct. 31, 2022, you're going to want to revisit your call and text history from that time and see which of your sources you communicated with. Not only are your source communication records potentially exposed, but your sources’ records might be exposed if they used AT&T during this period.
Read FPF Principal Researcher Martin Shelton’s explanation of the risks of call and text metadata stored by telecommunications services like AT&T and others, and how journalists can communicate with sources more securely.
Don’t mix copyright and public records
A recent court decision denying access to public records related to Nashville’s Covenant School massacre used a novel legal theory that could have wide-ranging implications for other public records requests.
Chancery Court Judge I’Ashea L. Myles’ decision prevented the release of the Covenant School shooter’s manifesto and other materials on the grounds that the release would violate federal copyright law. It’s the first decision in Tennessee concluding that copyright law trumps the state’s public records act.
Read more on our website about how this decision could unnecessarily expand the number of public records government officials can withhold.
What we’re reading
Tuskegee syphilis study whistleblower dies at age 86 (PBS News). Peter Buxton is a hero for revealing the horrors of the Tuskegee study despite being reprimanded by Centers for Disease Control and Prevention officials for raising concerns internally. His case is Exhibit A in support of our co-founder Daniel Ellsberg’s warning that whistleblowing through official channels often “only serves to identify you as a troublemaker.”
A reporter asked for body-camera footage. UW-Madison police threatened her with a fine. (Tone Madison). It’s reprehensible for University of Wisconsin-Madison police to threaten a $10,000 fine for sharing public records with the media, and it’s unconstitutional to penalize news outlets for making (very little) money. Texas cops are facing a Supreme Court case for dusting off an archaic law to punish a citizen journalist for seeking government information to “obtain a benefit.” But Wisconsin enacted its ridiculous law in 2024.
Wall Street Journal fires Hong Kong reporter who headed embattled press club (The Washington Post). It's absurd to expect journalists to remain "objective" on press freedom. The Wall Street Journal knows that, which is why it has relentlessly opposed Russia's sham charges against Evan Gershkovich. Is this firing really about objectivity, or is it about not angering China?
Russia sentences U.S. journalist in absentia for Ukraine war comments (The New York Times). Speaking of sham charges from Russia, Monday's sentencing in absentia of Russian American journalist Masha Gessen by a Moscow court is the latest attempt by Russia to quash independent journalism and suppress information about its war crimes.
Ohio bill would allow courts to throw out frivolous SLAPP suits (Dayton Daily News). Good for Ohio for taking a stand against frivolous lawsuits targeting speech. The wealthy and powerful often use SLAPPs to try to silence journalists. The legislature needs to get this bill across the finish line.
