Bill to Protect Reporters Against Federal Subpoenas Passes House
Legislation to establish the first-ever federal law to protect journalists and their confidential sources unanimously passed the House of Representatives.
The Protect Reporters from Exploitative State Spying (PRESS) Act (H.R. 4250) prohibits the federal government from compelling journalists to disclose protected information, such as their sources and sensitive newsgathering material.
Under the legislation, federal law enforcement agencies are blocked from issuing subpoenas for journalists’ emails, phone records, recordings, and other content, to prevent the unveiling of their sources.
There are limited exceptions such as preventing terrorism and preventing imminent violence.
“No longer will reporters have to worry that under a future repressive administration federal law enforcement agencies might secretly subpoena their emails and phone records even though journalists depend on confidentiality to keep the American public informed,” said one of the bill’s sponsors, Representative Jamie Raskin (D-MD).
The legislation also protects third parties like telecom providers and social media companies from being compelled to provide information they store on behalf of the journalists.
The legislation has support from various privacy and journalist groups, including the Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU), the Committee to Protect Journalists, the First Amendment Coalition, and others.
While 49 states and the District of Columbia have some time of law that prevents journalists from being forced to hand over their information, this will extend coverage nationwide.
Professor/Student Help See Legislation Through
Representative Raskin passed the legislation with the help of his former law student at Yale, Representative Kevin Kiley (R-CA), who credited their relationship with helping to get a bipartisan bill across the finish line in a polarized Washington.
“I think that having had that prior time where we got to know each other outside of the high-intensity world of politics, in the somewhat more relaxed arena of academia, built a really good foundation that we’ve now been able to really use to advance legislation,” said Rep. Kiley.
Broadening Definition
Given today’s news climate, and the rise of citizen reporters and bloggers, the legislation expands the definition of who is a journalist.
While past attempts have required that a journalist by employed professionally by a news organization or earn a living from journalism to be covered, the new legislation broadens the definition to 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.”
Senate Status
Senator Ron Wyden (D-OR) proposed an identical version of the legislation, with support from Majority Whip Dick Durbin (D-IL), Senator Lindsey Graham (R-SC), and Senator Mike Lee (R-UT).
Senator Tom Cotton (R-AR) had scuttled a 2022 effort over concerns that the bill would “open a floodgate of leaks damaging to law enforcement and our nation’s security.”
Roll Call reports that Senator Cotton’s position has not changed.
So far, there’s been no Senate action on the bill, but Rep. Raskin is confident.
“This awesome bipartisan vote at a time of party polarization underscores the binding power and universal appeal of freedom of the press as a leading constitutional principle. This is a significant victory for the people and our First Amendment values,” said Rep. Raskin.