Tag: Lindsey Graham

Journalist’s shield law, passed unanimously in the House, needs a boost in the Senate

U.S. Sen. Dick Durbin. Photo (cc) 2018 by Kurman Communications.

You wouldn’t think the MAGA-controlled U.S. House could do much of anything on a bipartisan basis. Back in January, though, the chamber passed a bill that would enact a shield law protecting journalists from having to identify their confidential sources. Now the bill is in danger of dying in the Senate, and the Freedom of the Press Foundation is calling for action. More on that in a moment. First, though, what would the PRESS Act accomplish?

As described by Gabe Rottman, writing for the Reporters Committee for Freedom of the Press, it would protect journalists from subpoenas, court orders or search warrants unless there is reason to believe that the names of the anonymous sources being sought would help prevent a terrorist attack or identify the perpetrator of such an attack, or prevent “a threat of imminent violence, significant bodily harm, or death, including specified offenses against a minor.”

Second, the shield would protect not just professional journalists working for a recognized news organization but also anyone who “regularly gathers, prepares, collects, photographs, records, writes, edits, reports, investigates, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.” In other words, solo newsletter writers, bloggers and folks who run tiny news sites would be covered.

There is no First Amendment provision for journalists seeking to protect their confidential sources. The Supreme Court saw to that in its 1972 Branzburg v. Hayes decision. But 49 states offer some of protection, sometimes referred to as “the reporter’s privilege,” either through a shield law or a ruling by its highest court (Massachusetts is in the latter category). The sole exceptions: Wyoming and the federal government.

The PRESS Act (“PRESS” stands for Protect Reporters from Exploitative State Spying) was passed unanimously by the House in January. But according to a press release from the Freedom of the Press Foundation, the bill is in danger of falling victim to inaction. The nonprofit organization has called on Sens. Dick Durbin, D-Ill., and Lindsey Graham, R-S.C., the chair and ranking member of the Senate Judiciary Committee, to move the bill forward so that it can come to a vote, calling it the “strongest shield bill we’ve ever seen” and “the most important press freedom bill in modern times.”

What follows is the full text of the foundation’s press release.

Sen. Durbin should advance the PRESS Act before time runs out

NEW YORK, May 30, 2024 — Sen. Dick Durbin has a rare chance to strengthen freedom of the press right now by advancing the bipartisan PRESS Act, a bill to protect journalist-source confidentiality at the federal level. Freedom of the Press Foundation (FPF) has called it the “strongest shield bill we’ve ever seen” and “the most important press freedom bill in modern times.”

But Durbin needs to act quickly. Today, a coalition of 123 civil liberties and journalism organizations and individual law professors and media lawyers wrote to Durbin, who chairs the Senate Judiciary Committee, and ranking member Sen. Lindsey Graham, urging them to schedule a markup of the PRESS Act right away.

Among the signers is acclaimed First Amendment lawyer Floyd Abrams, who said that “The PRESS Act has long been needed and the time to enact it is now.” 

Another noteworthy endorser is the Marion County Record. Last year, a baseless and retaliatory police raid of the Record’s newsroom and the home of its publisher, Eric Meyer, made national headlines. Meyer was an associate professor of journalism and associate dean of the College of Media at University of Illinois Urbana-Champaign for over 25 years.

Meyer said the Record signed the letter because:

As last summer’s raid on the Marion County Record proved, freedom of expression faces unprecedented challenges from unscrupulous people willing to weaponize the justice system to bully and retaliate against those attempting to report truth. Existing remedies might be fine for huge media organizations, but community journalists and people like the students I used to teach at the University of Illinois shouldn’t have their rights be dependent on whether they can afford to hire massive legal teams. Clear protections like those in the PRESS Act would block future attempts to trample on the First Amendment in ways that once were unfathomable to all who support democracy.

Other organizational signers include the American Civil Liberties Union, FPF, Illinois Press Association, and Chicago Headline Club.

Durbin and Graham are already co-sponsors of the legislation, with Durbin announcing his support for the bill in the Chicago Sun-Times in 2022. But, as the letter explains, if the Senate Judiciary Committee does not review the bill in the next couple of weeks, the clock could run out.

FPF director of advocacy and Illinois resident Seth Stern said:

Illinois news outlets are giving everything they’ve got to make sure that people are informed about what’s happening in their communities.

Yet journalists and whistleblowers in Illinois remain vulnerable to invasive subpoenas demanding that reporters burn their sources. Our federal appellate court is one of the few that doesn’t recognize a journalist-source privilege. That means everyone from prosecutors to private plaintiffs can haul reporters into federal court and demand to know who they’re talking to and what information they have. Whistleblowers don’t talk to journalists when they’re afraid of being outed, and the result is that official misconduct goes unchecked and important stories go untold.

Sen. Durbin can change that. He already supports the PRESS Act and should advance it through the Judiciary Committee so it can become the law of the land.

“The Senate should not squander this rare opportunity to defend the First Amendment and protect press freedom through bipartisan legislation. The PRESS Act is bipartisan, commonsense legislation that would protect journalists, sources, and Americans’ right to know,” said FPF Executive Director Trevor Timm, a Springfield, Illinois native. 

Clayton Weimers, executive director of Reporters Without Borders USA and a Chicago native, explained in a letter to the Sun-Times yesterday that Durbin can “help reverse the decline of American press freedom” by advancing the PRESS Act.

Illinoisian actor and activist John Cusack, a founding board member of FPF, has also written op-eds and letters in support of the act.

In addition to protecting journalists from subpoenas, the PRESS Act would shield them from government surveillance through their phone and email providers. It contains commonsense exceptions for emergencies: for example, terrorism and threats of imminent violence.

The bill was the subject of a recent congressional hearing featuring testimony from former CBS News and Fox News journalist Catherine Herridge, who has been held in contempt of court for refusing to reveal sources. “If confidential sources are not protected, I fear investigative journalism is dead,” she said during her testimony.

The PRESS Act passed the House unanimously in January. Durbin and Graham are joined by Sens. Ron Wyden and Mike Lee as Senate sponsors of the PRESS Act. Major media publishers, press freedom and civil liberties organizations and editorial boards around the country have endorsed the PRESS Act, and Senate Majority Leader Chuck Schumer has said he supports the bill and hopes to bring it to President Joe Biden’s desk this year.

But he can’t do that unless Durbin, Graham, and the Senate Judiciary Committee advance the bill first. They should do so without delay.

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Snapchat news targets the young and the underinformed

snapchat

Previously published at WGBHNews.org and republished in The Huffington Post.

Two years ago, then-CNN reporter Peter Hamby lamented the negative effect he believed Twitter and other social media were having on presidential campaign coverage. In a 95-page research paper (pdf) he wrote while he was a fellow at Harvard’s Shorenstein Center, Hamby put it this way:

With Instagram and Twitter-primed iPhones, an ever more youthful press corps, and a journalistic reward structure in Washington that often prizes speed and scoops over context, campaigns are increasingly fearful of the reporters who cover them.

On Tuesday, Hamby was back at the Shorenstein Center, this time to tout the journalistic virtues of an even more ephemeral media platform: Snapchat, built on 10-second videos that disappear as soon as you view them. Hamby, who is barely older than the 18- to 34-year-old users he’s trying to reach, told a friendly but skeptical crowd of about two dozen that Snapchat is bringing news to an audience that is otherwise tuned out.

“Because our audience is so young, I view our mission as educational,” he said. “I think it’s OK that our mission is to illuminate the issues for young people. That’s not to say we won’t get into more serious, complicated things.”

My personal philosophy about new media platforms is to watch them from afar and to more or less ignore them until it’s no longer possible to do so. That served me well with networks like Foursquare and Ello, which seem to have faded away without my ever having to partake. On the other hand, I’ve been tweeting since mid-2008, which is about the time that Twitter’s emerging importance as a news source was becoming undeniable.

Snapchat, it would appear, has reached that turning point. It already has about 100 million daily users, the vast majority of them between 18 and 34, as Michael Andor Brodeur notes in The Boston Globe. And it is starting to branch out beyond those 10-second disintegrating videos.

The newsiest part of Snapchat is called Discover — channels from media organizations such as CNN, ESPN, Vice, BuzzFeed and National Geographic that provide short graphics- and music-heavy stories aimed at providing a little information to a low-information audience.

CNN’s fare of the moment comprises such material as the fight between Afghan and Taliban forces in the city of Kunduz; an FBI report that crime rates are dropping (a story consisting of nothing more than a video clip of a police cruiser with flashing lights, a headline and a brief paragraph); and the re-emergence of the Facebook copyright hoax.

Perhaps the most ambitious news project Snapchat has taken on — and the one in which Peter Hamby is most closely involved — is called Live Stories. Snapchat editors look for snaps being posted from a given location and, with the consent of those users, weave together a brief story. They disappear after 24 hours; the only one playing at the moment is “Farm Life: Worldwide,” which is as exciting as it sounds. But Hamby mentioned stories from presidential campaign announcements, the Iran nuclear deal, music festivals and the like that he said drew tens of millions of viewers. (If you want to get an idea of what a well-executed Live Story looks like, Joseph Lichterman of the Nieman Journalism Lab found a four-and-a-half-minute piece on the hajj that someone had saved and posted to YouTube.)

“At CNN we would cover an event with one or two cameras,” Hamby said. “With Snapchat we have everyone’s camera at our disposal.”

For me, at least, the most frustrating part of my brief experience with Snapchat (I only signed up Tuesday morning) has been finding worthwhile — or any — content that’s not part of the Discover channels or the Live Story of the moment. The search function is not especially useful. I did manage to friend several news organizations and presidential campaigns.

Any user can create a story that will stay up for 24 hours. So far, though, I’ve only managed to see relatively useless clips from Rand Paul and Lindsey Graham. Hamby gives points to former candidate Scott Walker and current candidate John Kasich for their imaginative use of Snapchat. But as best as I can tell, Kasich hasn’t posted a story in the past day. His campaign website — like those of a few other candidates I looked up — does not include his Snapchat username, even though it includes buttons for Facebook, Twitter, Instagram and YouTube.

Snapchat is mobile to a fault — you can install it on an iOS or Android device, but not a laptop or desktop computer. That makes it fine if you’re on the go. But for an old fogey like me, it complicates the process of finding worthwhile material. And vertical video! Yikes!

In listening to Hamby on Tuesday, I was struck by his animus toward Twitter. “I think Twitter has made the tone of the coverage more negative,” he said. “Twitter is a uniquely toxic, negative space.” And though you might dismiss that as simply putting down a competitor, he said much the same thing in his 2013 report, citing a Pew Research Center study to back him up. Hamby quoted John Dickerson, now host of CBS’s “Face the Nation,” as saying of Twitter:

It makes us small and it makes us pissed off and mean, because Twitter as a conversation is incredibly acerbic and cynical and we don’t need more of that in coverage of politics, we need less.

Will Snapchat prove to be the antidote to Twitter? Count me as skeptical. Five to eight years ago, when Twitter pioneers were using the nascent platform to cover anti-government protests in Iran and earthquakes in California, Haiti and elsewhere, we had no way of knowing it would devolve into one of our leading sources of snark, poisoning the public discourse 140 characters at a time. (And I’m not sure I agree that that’s what it’s become. I mean, come on, just unfollow the worst offenders.)

But to the extent that we have to bring news to where the audience is rather than waiting for people to come to us, then yes, Snapchat may prove to be a valuable home for journalism. I just hope it whets users’ appetites for something more substantial.

How do you say ‘conservative’ in South Carolinese?

NPR’s Ailsa Chang reported earlier this week on the re-election struggles of U.S. Sen. Lindsey Graham, R-S.C., who is being challenged by right-wingers who think he’s not conservative enough. I nearly drove off the road when I heard this nugget:

Leading the pack of four Republican challengers is Lee Bright, a state senator who’s pushed legislation to ban abortion funding for victims of rape and incest. He also wants to make enforcement of the Affordable Care Act punishable by one year in jail.

“I would put my conservative record against any legislator in the country. I don’t think there’s anybody more conservative than I am,” Bright says.

Fortunately, Chang found that Graham probably doesn’t have much to worry about. Which means that even South Carolina Republicans have their limits.

Update: In other news from the far right, the Arizona Republican Party has censured Sen. John McCain for being too liberal.

The Russian government’s literally incredible behavior

News Dissector Danny Schechter retweeted this blog post by former British diplomat Craig Murray, who questions the notion that the Russian government warned the United States of Tamerlan Tsarnaev’s radicalism in 2010.

I will confess that I know nothing about Murray. But what he writes is the simple truth about the official story: After raising a warning flag about Tsarnaev, Russia allowed him into the country in 2012 and let him stay for six months, then leave again. Murray’s gloss on those facts also seems worth thinking about:

In 2012 Tamerlan Tsarnaev, who is of such concern to Russian security, is able to fly to Russia and pass through the airport security checks of the world’s most thoroughly and brutally efficient security services without being picked up. He is then able to proceed to Dagestan — right at the heart of the world’s heaviest military occupation and the world’s most far reaching secret police surveillance — again without being intercepted, and he is able there to go through some form of terror training or further Islamist indoctrination. He then flies out again without any intervention by the Russian security services.

Murray adds: “That is the official story and I have no doubt it did not happen.”

The New York Times today reports on Tamerlan Tsarnaev’s time in Dagestan. This passage pretty much sums up the paper’s findings:

During his six months in Makhachkala [the Dagestan capital], according to relatives, neighbors and friends, he did not seem like a man on a mission, or training for one. Rather, they said, he was more like a recent graduate who could not quite decide what to do with himself. He slept late, hung around at home, visited family and helped his father renovate a storefront.

We are at the very beginning of what is likely to be a long investigation. But these reports are relevant at a moment when — as the Boston Globe reports — Republican senators John McCain and Lindsey Graham are despicably calling for Dzhokhar Tsarnaev to be treated as an “enemy combatant,” and when Republicans are already describing the Boston Marathon bombings as a breakdown in intelligence.

Not only do we not know that, but early indications are that such irresponsible speculation is not in accord with the facts.

Wrong on reconciliation

ABC News’ Jake Tapper today did not challenge U.S. Sen. Lindsey Graham as Graham railed against the notion that Senate Democrats might use reconciliation to get around a Republican filibuster and pass health-care reform.

Yet it is a simple fact that reconciliation will not be used to pass the measure. It is a logical impossibility.

As we know, both branches of Congress have already approved near-universal health-care bills. Sometime this week, the House is expected to vote on whether to pass the Senate version. If it’s approved, the bill will go to President Obama’s desk for his signature, and it will become law. No further action will be needed.

If reconciliation is used, it will only be to give the Senate a chance to tweak the law so that it is more to the liking of House Democrats. But keep in mind that if the effort fails, the Senate bill will still be the law of the land.