A shocking breach of the First Amendment

Photo (cc) 2016 by Paul O'Brien.
Photo (cc) 2016 by Paul O’Brien.

The detention of a Canadian photojournalist at the US border is a shocking breach of the First Amendment. Ed Ou says he was stopped on October 1 as he was trying to fly to Bismarck, North Dakota, to cover the Standing Rock protests. According to the New York Times, his phones were confiscated so that authorities could look at his photos, possibly endangering the subjects of those photos.

The Obama years have not been good ones for freedom of the press, as I’ve written in the past. They’re going to get a whole lot worse under Donald Trump, with his call for upending the libel laws and with his thuggish manservant Corey Lewandowski demanding that Times executive editor Dean Baquet be locked up for publishing Trump’s partial tax returns.

The United States currently ranks 41st in press freedom, according to Reporters WIthout Borders. We could be considerably lower than that the next time the ratings are readjusted.

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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.

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