US lawmakers unite to safeguard Journalists’ sources and data in landmark PRESS Act

By Zion Rufus

A group of bipartisan US senators and congressmen have come together to reintroduce the Protect Reporters from Exploitive State Spying Act, commonly known as the PRESS Act.

This legislation, which previously passed the House but didn’t receive a Senate vote, aims to provide crucial safeguards for journalists.

The PRESS Act serves two important purposes. Firstly, it seeks to prevent the government from compelling reporters to disclose their sources, ensuring the protection of journalistic integrity. Secondly, it strives to establish rules that prevent the seizure of essential data held by third-party entities like phone or internet companies without notice, providing journalists with the opportunity to challenge such actions in court.

Seth Stern, the director of advocacy for the Freedom of the Press Foundation, hails the PRESS Act as the most robust federal shield bill for journalists to date. Its inclusive definition of journalists, precise exceptions, and limitations on subpoenas directed not only at journalists but also their phone and email providers make it a comprehensive protective measure.

The legislation enjoys broad support within the journalism community, receiving strong endorsements from prominent trade organizations representing major news outlets, including the News/Media Alliance, Radio Television Digital News Association, and National Association of Broadcasters. Notably, organizations such as the American Civil Liberties Union have also expressed their backing for this crucial initiative.

The push to enhance journalist protections comes in the wake of incidents where the Department of Justice, under the administration of former President Donald Trump, secretly obtained records from reporters at esteemed news organizations such as CNN, The Washington Post, and The New York Times.

Although Attorney General Merrick Garland implemented regulations prohibiting such actions after the revelations of these secret seizures, these rules, being subject to potential reversal under future administrations, necessitate a more permanent solution. The PRESS Act addresses this concern by embedding journalist protections into federal law, ensuring sustained safeguards regardless of changing political landscapes.

Republican Senator Mike Lee, one of the lawmakers spearheading the reintroduction of the bill, emphasizes the indispensable role of reporters as truth-seekers and watchdogs. Recent events, he contends, have cast a chilling effect on their work, as law enforcement agencies have resorted to covert tactics, subpoenaing emails and phone records in attempts to expose confidential sources.

Lee further asserts that the legislation is not only critical for shielding journalists from unnecessary government surveillance but also vital for safeguarding the public’s right to access information, holding elected officials accountable, and actively participating in representative government. Preserving the strength and influence of the Fourth Estate in its pursuit of truth remains a paramount objective.

Democratic Senator Ron Wyden, another key figure behind the bill’s reintroduction, emphasizes that unwarranted surveillance of journalists creates barriers to exposing waste, fraud, and abuse. The fear instilled in sources and reporters hampers their essential role in maintaining a well-functioning democracy.

Wyden unequivocally states that spying on reporters to uncover the identities of their sources constitutes a direct violation of the First Amendment’s principles. The reimplementation of the PRESS Act is a vital step toward upholding journalistic freedom and protecting the integrity of the press.

Photo credit: New York Film Acady