Committee to Protect Journalists

Despite bipartisan support, a proposed federal shield law may fall by the wayside

Sen. John Cornyn. Photo (cc) 2012 by Gage Skidmore.

Time is running out for the PRESS Act, which would protect journalists from being forced to identify their anonymous sources or turn over confidential documents. The measure is crucial to preventing the government from hauling journalists into court in order to identify whistleblowers who leak information.

Incredibly enough, the bill was passed unanimously by the House last January. But it has since stalled in the Senate, and you can be sure that it will die once that chamber flips from Democratic to Republican control and the press-hating Donald Trump returns to the White House.

Become a supporter of Media Nation for just $5 a month.

Earlier this week, Jodie Ginsberg, CEO of the Committee to Protect Journalists, called for passage of the PRESS Act in an interview on the “PBS NewsHour.” She told co-anchor Geoff Bennett:

It’s really urgent that we pass this federal shield law.

So, some states have these federal protections, which essentially means that journalists’ information, journalists’ sources can’t be subpoenaed. Information from whistle-blowers can’t be subpoenaed. It’s really important that we have that federal shield law to protect journalists at the federal level.

We know that Trump is interested in going after whistleblowers, people who leak. And it’s absolutely essential that they are protected and that journalists’ sources are protected and that journalists are allowed to do their job.

As Ginsberg notes, 49 states have some form of shield protection for journalists either in the form of a law or a ruling in the state courts. The only exceptions are Wyoming and the federal government, although the shield protection in Massachusetts is so weak that a Boston magazine reporter may be forced to turn over audio of off-the-record interviews she conducted with murder suspect Karen Read. (The PRESS Act would not affect that, which shows why we need a state shield law as well.)

On Oct. 8, 107 news media and press freedom organizations sent letters to the Senate urging passage and to the House urging that it pass the bill again should it return to that body. Among the local signatories: Boston Globe Media, the Massachusetts Press Association and the New England Newspaper and Press Association. The letter says in part:

The PRESS Act is timely and critical. Absent a federal law, journalists’ protections in federal courts against the compelled disclosure by federal officials of confidential source information or sensitive newsgathering materials vary considerably by jurisdiction. And, in recent years, under administrations of both parties, the Justice Department and other federal agencies have sought sensitive records from or of journalists on multiple occasions. While the Department of Justice adopted new internal guidance in 2021 sharply limiting that practice at DOJ, the policy remains subject to change at the department’s discretion and other federal agencies are not bound by it.

According to the Society of Professional Journalists, the main obstacle at this point is Sen. John Cornyn, R-Texas. SPJ is urging supporters to write letters to Cornyn via his website, warning, “Time is running out. It is crucial that this bipartisan federal shield bill advances this week.”

Crucially, the PRESS Act would protect not just professional journalists but anyone engaged in acts of journalism. It’s also important to note that the act would not provide blanket protection — there are a few narrow exceptions involving terrorism, emergencies or instances in which the journalists themselves are suspected of committing a crime.

Here is more background on the PRESS Act.

The Committee to Protect Journalists warns that violence against the press is an ongoing crisis

A special report by the Committee to Protect Journalists warns that the anti-media animus that characterized the Trump presidency has continued unabated, and that it will continue to pose an ongoing threat to the safety of journalists regardless of who wins the presidential election.

Produced by CPJ journalist Katherine Jacobsen, the report, titled “On Edge: What the U.S. election could mean for journalists and global press freedom,” is chilling in its details and frightening in its broader implications. She writes:

Trump’s presidency has been widely seen as bad for press freedom. A 2020 CPJ report found that his administration escalated prosecution of news sources, interfered in the business of media owners, harassed journalists crossing U.S. borders, and used the Espionage Act — a law that has raised grave concerns about its potential to restrict reporting on national security issues — to indict WikiLeaks founder Julian Assange. At the same time, Trump undermined the credibility of news outlets by lashing out at reporters, often on the president’s social media feeds, as “corrupt,” “dishonest,” and “enemies of the people.”

On the 2024 campaign trail, Trump has threatened to further his anti-press agenda by strengthening libel laws; weakening First Amendment protections; prosecuting reporters for critical coverage; and investigating the parent company of NBC and MSNBC for the channels’ “vicious” news coverage. He has also called for National Public Radio (NPR) to be defunded. “They are a liberal disinformation machine,” he wrote of the public broadcasting organization on his Truth Social platform in an all-cap post. “Not one dollar!!!”

The denigration of U.S. media, coming at a time when shrinking newsroom budgets, the shuttering of local news publications, and record public mistrust of mainstream outlets have hampered their ability to counter the anti-press narrative, has continued to resonate in the years since Trump lost the 2020 election, helping to fuel extremist and fringe ideas on both the left and the right. The result is an increasingly precarious safety environment for reporters.

Much of the report comprises an overview of threats and violence directed against journalists starting with the attempted insurrection of Jan. 6, 2021, and continuing to the present. At least 18 journalists were assaulted during the rioting at the Capitol, and nine people have been charged.

Become a supporter of Media Nation for just $5 a month and receive a weekly newsletter with exclusive, additional content.

Amanda Andrade-Rhoades, a freelance photographer who was on assignment for The Washington Post that day, was injured in the melee and rioters threatened to shoot her.

“Generally speaking, I’m pretty good at compartmentalizing,” she told CPJ. “But hearing the audio of January 6th while covering the committee meetings, that’s still frankly very difficult for me. There was a moment during the hearings where they played a piece of footage where you can see a very close friend of mine running down the hallway … having to hide for her life.”

Other incidents covered by the report include:

The murder of Las Vegas Review-Journal reporter Jeff German by a public official who was angered by his reporting and the frightening online abuse directed at another Review-Journal reporter, Sabrina Schnur, after Twitter’s sociopath-in-chief, Elon Musk, unleashed his mob against her.
The harassment and vandalism experienced by New Hampshire Public Radio reporter Lauren Chooljian, her parents and her editor following her reporting on allegations of sexual misconduct against a local business owner. Four men have been charged under federal law and one has been sentenced to prison.
A dramatic increase in lawsuits against journalists and news organizations, including Anna Wolfe of Mississippi Today, whose Pulitzer Prize-winning reporting is the subject of a libel suit by the state’s former governor, Phil Bryant. The news organization is fighting an effort by Bryant to force it to turn over internal notes and other records.
Unprovoked attacks by police officers against journalists, including three photographers in Detroit who were injured by rubber bullets shot by an officer at a Black Lives Matter protest.

What happens in the U.S. affects press freedom globally, the CPJ report argues: “Over the past three decades, CPJ has documented how major policy shifts and the curtailment of civil liberties in the U.S. have been used to justify similar measures curbing press freedoms for journalists in other countries.” Examples cited include Morocco, Russia, Haiti, Palestinian journalists caught up in the Israel-Gaza war, and Brazil under former president (and Donald Trump ally) Jair Bolsonaro.

The report concludes with a letter sent to the two presidential candidates, Kamala Harris and Donald Trump, asking that they sign a pledge to adopt a “respectful” tone with journalists, to take action when journalists are threatened with or subjected to violence, to support a federal shield law known as the PRESS Act that would protect reporters from the prying eyes of the government, and to promote press freedom around the world.

“The Harris campaign acknowledged receipt of CPJ’s letter,” CPJ says, “but neither candidate had signed the pledge by CPJ’s requested deadline of September 16.”

Israel’s closure of Al Jazeera sparks widespread condemnation

Al Jazeera logo, with its code of ethics in English and Arabic. Photo (cc) 2009 by Joi Ito.

BBC News reports that the government of Israeli Prime Minister Benjamin Netanyahu has followed though on longstanding threats to shut down Al Jazeera, accusing the Arab news service of acting as a propaganda arm for the terrorist group Hamas. As the story notes, though Al Jazeera is now off the air in Israel, it is still available through Facebook and other social media outlets. The Committee to Protect Journalists has denounced the action, quoting a statement from CJP Program Director Carlos Martinez de la Serna:

CPJ condemns the closure of Al-Jazeera’s office in Israel and the blocking of the channel’s websites. This move sets an extremely alarming precedent for restricting international media outlets working in Israel. The Israeli cabinet must allow Al-Jazeera and all international media outlets to operate freely in Israel, especially during wartime.

Al Jazeera has called the action a “criminal act” that “stands in contravention of international and humanitarian law.”

Shutting down Al Jazeera strikes me as an ill-considered move, not least because it will have little more than a symbolic effect. Al Jazeera is based in Qatar, and both it and Hamas receive some funding from the Qatari government. But Al Jazeera also enjoys a reputation for reliable journalism. Certainly it’s sympathetic to the Palestinian cause, but that’s not a reason to ban it in Israel or anywhere else.

This commentary by Zvi Bar’el of Haaretz, a liberal Israel newspaper, notes that Arab governments, too, have closed Al Jazeera from time to time, adding that Israel should have held itself apart from that repressive attitude toward freedom of the press. He writes that “closing its offices cannot prevent or frustrate the network’s operations, which are aired in more than 90 countries and reach 350 million potential Arabic-speaking viewers and millions of English speakers worldwide,” and adds:

Al Jazeera may not be able to broadcast from its offices in Israel, but it doesn’t need offices in Tel Aviv or Ramallah in order to continue showing the world the destruction, death, and hunger in Gaza. It broadcasts this reality directly from the Strip, as it did when it reported from the field during the U.S. wars in Afghanistan and Iraq, or when it reported on the authoritarian regimes of Egyptian presidents Hosni Mubarak and Abdel Fattah el-Sisi, the Saudi kings, and the draconian regime of Tunisian President Zine El Abidine Ben Ali, before and after the Arab Spring revolutions. It did so even after these states shuttered its offices.

In the U.S., the National Press Club came out against the move as well. Here’s part of a statement by Emily Wilkins, the club president, and Gil Klein, president of the club’s Journalism Institute:

The decision by Prime Minister Benjamin Netanyahu’s government to shut down Al Jazeera operations in Israel is the wrong one. It is wrong for the people of Israel, for the people of Gaza, for people in the West Bank, and for the rest of the international news network’s millions of viewers around the region and world who rely on Al Jazeera’s reporting of the nearly seven-month Israel-Hamas war. We fully support Al Jazeera’s decision to fight this in court.

Leave a comment | Read comments

Israel must be held to account for the targeting and killing of journalists

Protest in Tel Aviv against the Netanyahu government last June. Photo (cc) 2023 by RG TLV.

CNN media reporter Oliver Darcy wrote an important analysis last week about journalists who have been killed by Israeli forces in the the Gaza war. Citing figures from the Committee to Protect Journalists, Darcy observes that at least 95 journalists have been killed since Hamas’ terrorist attack on Israel last Oct. 7, and that all but five of those journalists are Palestinian — the highest death toll for members of the press since CPJ began tracking such casualties in 1992.

In addition to deaths that might be attributed to the fog of war, there have also been killings that Israel carried out despite what appear to be clear indications that it was targeting media workers. Darcy writes that the United Nations recently finished a report showing that Reuters journalist Issam Abdallah had been killed in southern Lebanon after a tank fired at a group of “clearly identified journalists.” Israeli officials responded to the U.N. that it “does not deliberately shoot at civilians, including journalists.”

In addition, The Washington Post last week found that a Jan. 7 missile attack resulting in the deaths of two Al Jazeera journalists and two freelancers in southern Gaza may have lacked any military justification. The Israeli military claimed it had “identified and struck a terrorist who operated an aircraft that posed a threat to IDF troops” — but the Post found that the “aircraft” was a drone apparently being used for reporting purposes.

Darcy includes accounts of Palestinian journalists who have alleged been abused by Israeli forces as well — a topic that is the subject of a new report from CPJ, which “found multiple kinds of incidents of journalists being targeted while carrying out their work in Israel and the two Palestinian territories, Gaza and the West Bank” as well as the deaths of journalists’ families.

CPJ has posted an open letter signed by 36 leaders of top U.S. and international news organizations calling Israel to end its attacks on journalists. Among the Americans the letter are Julie Pace, the executive editor of The Associated Press; Mark Thompson, the chair and CEO of CNN; A.G. Sulzberger, the publisher of The New York Times; Sally Buzbee, the executive editor of The Washington Post; Kim Godwin, the president of ABC News; and Rebecca Blumenstein, the president of editorial at NBC News. Significantly, the international news leaders signing the letter include Aluf Benn, the editor-in-chief of the Israeli newspaper Haaretz. The letter includes this:

Journalists are civilians and Israeli authorities must protect journalists as noncombatants according to international law. Those responsible for any violations of that longstanding protection should be held accountable. Attacks on journalists are also attacks on truth. We commit to championing the safety of journalists in Gaza, which is fundamental for the protection of press freedom everywhere.

This weekend, as NPR reports, tens of thousands of Israelis demonstrated against the government of Prime Minister Benjamin Netananyu, calling for a deal with Hamas to release the more than 100 hostages the terrorist group is still believed to be holding.

The horrendous situation in the Middle East began with Hamas’ attacks, claiming some 1,200 lives and leading to Israel’s invasion of Gaza, which have killed more than 30,000 people, mostly civilians. Starvation looms. President Biden has been ever-so-slowly been backing away from the Netanyahu government, allowing a U.N. Security Council resolution calling for a cease-fire and the release of the hostages to take effect.

Israel’s targeting of media workers is a small part of a much larger picture — a horrendous problem that would seem to have no good solution. But let’s start with this: Journalists are the world’s eyes and ears. They need to be able to tell us what is taking place on the ground without fear of being killed.

Leave a comment | Read comments

Report: A journalist was killed and six were injured by Israeli forces in Lebanon

Map via the Committee to Protect Journalists shows that 81 journalists and media workers have been killed so far in 2023, with most of those deaths concentrated in Israel, Gaza, the West Bank and Lebanon.

The news agency Reuters, Human Rights Watch and Amnesty International are blaming an Israeli tank crew for an attack in southern Lebanon on Oct. 13 that killed a Reuters videographer and wounded six others. The videographer was 37-year-old Issam Abdallah. According to an in-depth investigation by Reuters journalists Maya Gebeily, Anthony Deutsch and David Clarke, Israeli officials denied that they target journalists but did not produce any specifics in response to the findings.

The Reuters report is detailed, including numerous images to back up what Gebeily, Deutsch and Clarke found. They wrote:

Reuters spoke to more than 30 government and security officials, military experts, forensic investigators, lawyers, medics and witnesses to piece together a detailed account of the incident. The news agency reviewed hours of video footage from eight media outlets in the area at the time and hundreds of photos from before and after the attack, including high-resolution satellite images.

Especially disturbing is this: “The group of seven reporters from AFP, Al Jazeera and Reuters were all wearing blue flak jackets and helmets, most with ‘PRESS’ written on them in white letters.”

The war between Israel and Hamas — which has included forays into Lebanon, where Hamas ally Hezbollah is based — has proved to be unusually deadly for the press, according to the Committee to Protect Journalists. As of today, CPJ investigations show that “at least 63 journalists and media workers were among the more than 18,000 killed” since Oct. 7, when Hamas terrorists killed more than 1,200 people in Israel and took more than 200 hostages. Of those 63 media workers who lost their lives, 56 were Palestinian, four Israeli and three Lebanese.

CPJ notes that the Israeli Defense Forces have said they can’t guarantee the safety of journalists in the Gaza Strip. That’s unacceptable, and I hope the Biden administration pressures the Israeli government to protect media workers — as well as innocent civilians, thousands of whom have been killed as a result of Israel’s overwhelming response to Hamas’ terrorism.

Leave a comment | Read comments

Biden flinches after report ties Saudi leader to the murder of a journalist

On Friday, shortly after the Biden administration declassified documents tying the murder of Washington Post columnist Jamal Khashoggi to the crown prince of Saudi Arabia, the Committee to Protect Journalists and the Society of Professional Journalists released statements urging President Joe Biden to take action.

Sadly, Biden flinched, imposing a variety of lesser sanctions but leaving Crown Prince Mohammed bin Salman alone — even though Biden, during the 2020 campaign, had referred to Saudi Arabia as a “pariah” state with “no redeeming social value.” As the Post reported:

The Biden administration will impose no direct punishment on Saudi Arabia’s Crown Prince Mohammed bin Salman for the 2018 murder of Saudi journalist Jamal Khashoggi, despite the conclusion of a long-awaited intelligence report released Friday that he “approved” the operation, administration officials said.

Here’s what the Committee to Protect Journalists had to say before it became clear that Biden was not going to do anything to punish MBS, as the crown prince is known:

“By releasing this intelligence report, President Joe Biden’s administration has reinforced what we have long believed: Crown Prince Mohammed bin Salman approved the murder and dismemberment of Washington Post journalist Jamal Khashoggi,” said CPJ Senior Middle East and North Africa Researcher Justin Shilad. “Now, the U.S. and its allies should sanction the crown prince and other royal court members to show the world that there are tangible consequences for assassinating journalists, no matter who you are.”

And here’s the Society of Professional Journalists:

“Many Americans have now read — and all should read — the four-page declassified intelligence report on the killing of Jamal Khashoggi,” said Matthew T. Hall, SPJ national president. “Seeing its conclusions in print under government letterhead make me angry all over again. This reprehensible action needs a strong response from the Biden administration. We appreciate Biden Press Secretary Jen Psaki’s recent assurances that ‘a range of actions’ are ‘on the table.’ But we hope the president chooses one quickly and decisively to send the message to Saudi Arabian leaders and people everywhere that the killing of a journalist is unacceptable anywhere on this planet.”

(My emphasis above.)

Sadly, Biden’s actions parallel those of his predecessor, Donald Trump, although for different reasons. Trump didn’t care; Biden is too tied up in outmoded considerations about alliances and interests, such the supposed need to placate Saudis so they’ll help us in our confrontation with Iran.

As New York Times columnist Nicholas Kristof puts it:

It’s precisely because Saudi Arabia is so important that Biden should stand strong and send signals — now, while there is a window for change — that the kingdom is better off with a new crown prince who doesn’t dismember journalists.

Friday was the worst day so far for President Biden — and for anyone who cares about the U.S. commitment to human rights and to the fate of journalists at the hands of repressive governments.

Become a member of Media Nation today.

The present and future of press freedom in Trump’s America

Amy Goodman. Photo (cc) via "Democracy Now!" — Amy Goodman. Photo (cc) via “Democracy Now!”

Update: The charges against Amy Goodman have been dropped.

Freedom of the press is under assault—and it’s only going to get worse in the increasingly unlikely event that Donald Trump is elected president. Three related items for your consideration:

• In Mandan, North Dakota, journalist Amy Goodman of Democracy Now! is scheduled to appear in court today after she was arrested and charged with “riot” for covering the undercovered Standing Rock demonstrations against an oil pipeline being built through Native American lands. Lizzy Ratner has a detailed report at the Nation.

As state prosecutor Ladd Erickson helpfully explains: “She’s a protester, basically. Everything she reported on was from the position of justifying the protest actions.” And: “I think she put together a piece to influence the world on her agenda, basically. That’s fine, but it doesn’t immunize her from the laws of her state.” I would like to know what North Dakota law prohibits the practice of journalism, but we’ll leave that for another day.

• In the Philadelphia Daily News, columnist Will Bunch writes that the arrest of Goodman, and the prosecutor’s contemptuous dismissal of her First Amendment rights, is a harbinger of what’s to come in Trump’s America:

It’s not happening in a vacuum. It’s happening in the Age of Trump, when you have one of the two major-party candidates for president calling the journalists who cover his campaign “scum” and “lowest people on earth,” and the as-much-as 40 percent of the American people backing his campaign are cheering him on.

• In the Washington Post, media columnist Margaret Sullivan takes note of a resolution passed last week by the Committee to Protect Journalists warning that the press would be less free under a Trump presidency. As Sullivan puts it: “The idea: CPJ would make a strong statement against Donald Trump on First Amendment grounds—the kind of thing the organization had never done before. CPJ’s global mission is to try to keep journalists from being jailed or killed; but it hasn’t been involved before in politics.” (I gave a “rave” to CPJ on Beat the Press for its resolution.)

No president is especially press-friendly. A few years ago, I wrote a piece for the Huffington Post headlined “Obama’s War on Journalism” detailing the president’s overzealous pursuit of leakers and whistleblowers. I doubt that the woman Saturday Night Live now calls “President Hillary Clinton” will be any better than Obama.

But at a moment when our politics have gotten incredibly ugly—when a Republican headquarters in North Carolina is firebombed, and when folks at the traditionally Republican Arizona Republic are receiving death threats for endorsing Hillary Clinton—the last thing we need is a president who seems determined to whip up hate and violence against the press.

Talk about this post on Facebook.

Needed: A fuller report from Kazakhstan

[youtube http://www.youtube.com/watch?v=71iWJ_hJy9g?rel=0&w=480&h=390]
My old Boston Phoenix colleague Ellen Barry, now the stellar Russia correspondent for the New York Times, weighs in with a surprisingly by-the-numbers report on the weekend election in Kazakhstan. The country’s authoritarian president, Nursultan Nazarbayev, was re-elected with 95.5 percent of the vote, according to the government.

For some perspective, I read Adil Nurmakov’s recent analysis at Global Voices Online. Nurmakov, who is Global Voices’ Central Asia editor, wrote on March 4 that the election campaign was something of a farce, explaining that the opposition was boycotting the proceedings (which Barry also acknowledges) and adding:

The process of candidates nomination was perceived by many as a circus — and it really resembled a carousel of comic characters, including pensioners, some small businessmen and the person, notoriously known for his startling behavior. Interestingly, an overwhelming majority of those 18 nominees were publicly voicing their “utter support” of the current head of the state.

Above is a video interview I conducted with Nurmakov in Almaty, Kazakhstan, in April 2009, when I was taking part in the Nazarbayev-sponsored Eurasian Media Forum.

Meanwhile, on Friday the Committee to Protect Journalists (CPJ) issued an alert regarding the disappearance of Daniyar Moldashev, who is essentially the publisher of the Almaty-based opposition newspaper Respublika. Prior to his disappearance he was assaulted, according to CPJ.

“We are gravely concerned about the health and well-being of Daniyar Moldashev and call on Kazakh authorities to positively determine his whereabouts and ensure his safety,” CPJ Europe and Central Asia program coordinator Nina Ognianova said in a statement on the organization’s website.

Here is a Q&A I conducted with Respublika journalist Yevgeniya Plakhina last June. I met Plakhina at the Eurasian Media Forum, where she protested proposed restrictions on the Internet (those restrictions were later adopted). Several of her friends were arrested and released a short time later.

Because of its oil and gas reserves, Kazakhstan is an important country on the world scene. In reading Barry’s story, you can almost sense that she wrote parts of it with an arched eyebrow. I hope the Times will give her the time and space she needs to take a closer look at what’s really going on in Kazakhstan.

Monday night update: Barry already has a good follow-up. This story will bear watching.