The PRESS Act, which would protect reporters from being forced to identify their anonymous sources or turn over confidential documents, appears to be dead despite passing the House on a unanimous vote earlier this year.
Clare Foran and Brian Stelter report for CNN that the bill died Tuesday after Republican Sen. Tom Cotton of Arkansas objected to an attempt to pass it by unanimous consent. Cotton said that passage would turn senators “into the active accomplice of deep-state leakers, traitors and criminals, along with the America-hating and fame-hungry journalists who help them out.” President-elect Donald Trump has demanded that Republicans defeat the measure, so that would appear to be the end of the road.
Meanwhile, the Reporters Committee for Freedom of the Press, a staunch supporter of the bill, noted that the U.S. Justice Department’s Inspector General’s office released a report Tuesday finding that journalists’ records had been sought during Trump’s first term in violation of internal guidelines. CNN, The New York Times and The Washington Post were targeted along with members of Congress and congressional staffers.
In a statement, RCFP executive director Bruce Brown said:
The government seizure of reporters’ records hurts the public and raises serious First Amendment concerns. This investigation highlights the need for a reasonable, common-sense law to protect reporters and their sources. It’s time for Congress to pass the PRESS Act, which has overwhelming bipartisan support, to prevent government interference with the free flow of information to the public.
The PRESS Act, which stands for Protect Reporters from Exploitative State Spying, would add the federal government to the 49 states that already have some form of shield protection for journalism. The sole exception is Wyoming.
Trump is hardly alone in his contempt for the importance of journalistic anonymity in holding government accountable. Former President Barack Obama was so aggressive in demanding that reporters identify leakers that I once wrote a commentary for The Huffington Post headlined “Obama’s War on Journalism.”
Under President Biden, though, Attorney General Merrick Garland issued guidance prohibiting federal prosecutors from seizing journalists’ records except in a few narrow cases involving terrorist investigations or emergencies — the same exceptions that are spelled out in the PRESS Act. Now it seems virtual certain that Trump will return to his previous repressive practices, with Tom Cotton cheering him on.
Media notes
• Peeling back The Onion. The internet exploded in celebration recently when The Onion won a bid to purchase Infowars from right-wing conspiracy-monger Alex Jones, who was sued into bankruptcy by the families of children who were killed in the Sandy Hook school massacre of 2012. Jones had spread false stories that the shootings were somehow faked. Now, though, a bankruptcy judge has ruled the Infowars auction was improperly conducted in secret and may have resulted in less money for the families than an open process, David Ingram reports for NBC News.
• Krugman’s awkward farewell. Longtime New York Times columnist Paul Krugman, surely the only opinion journalist to have won a Nobel Prize, wrote a heartfelt farewell column (gift link) on Monday. But though all was sweetness and light publicly, independent media reporter Oliver Darcy writes that Krugman may have left earlier than he would have liked because he regarded opinion editor Katie Kingsbury as heavy-handed, demanding a “far more thorough edit” (including the vetting of pitches) of all Times columnists than had previously been the case.
I’m looking forward to seeing what Krugman does next. I thought his column had become somewhat repetitive in recent years, but I’d welcome longer pieces from him published less frequently. He remains one of our most vital public intellectuals.
Update: Well, that didn’t take long. Krugman started a Substack newsletter in 2021, let it wither, and has now revived it.
Finally, The New York Times this morning came out with its