United States: The Reporter Newspaper Sues Delaware County Board Over “Gag Order”
Second case in U.S. of journalists challenging state bodies for obstructing press freedom
Location: United States, New York
Date: December 4, 2023
Local paper The Reporter is taking legal action against the Delaware County Board of Supervisors in New York over a “gag order” on county employees speaking to the publication. The paper claims it was unfairly targeted by the board in response to its unfavorable news coverage. The Coalition For Women In Journalism and Women Press Freedom supports publishers of the paper Kim and Randy Shepard in their legal battle. By taking legal action, The Reporter is contributing to the broader fight for press freedom in the U.S. and the protection of journalists' rights to gather and disseminate news without undue interference.
Conflict between The Reporter and the Delaware County Board of Supervisors in New York arose after the board revoked the newspaper's designation as the publisher of the county's legal notices.
In New York state it is a legal requirement for county governments to designate a local newspaper as the "newspaper of record" annually. This newspaper is responsible for publishing local laws and legal notices. The selection process involves a vote by the governing board of the county.
The Reporter, a newspaper with a history dating back nearly 150 years, has been publishing the county's notices since its founding in 1881. In March 2022, the Delaware County Board of Supervisors, composed of elected town supervisors handling county business, voted to terminate the annual $13,000 contract with The Reporter. The paper’s publishers Kim and Randy Shepard claim this decision was in response to news coverage that the board did not like.
A year after the decision, the board expressed dissatisfaction with The Reporter's content in a letter addressed to the paper's publishers. The letter, signed by 17 of the 19 supervisors on the board, accused The Reporter of "flagrant manipulation of facts" and criticized the newspaper for what they perceived as unfair and unethical reporting on county business.
On December 4, 2023, a lawsuit was filed by The Reporter claiming that the County attorney issued a gag order, prohibiting county employees from speaking to the newspaper about "pressing matters of public concern" and directing that all communications with the newspaper go through her office. This directive is considered a violation of both the County employees' First Amendment rights to speak on matters of public concern and The Reporter's First Amendment rights to receive newsworthy information from willing speakers.
The lawsuit challenges the practice of imposing gag orders on journalists and attempts to defend the First Amendment rights of both journalists and their sources. This is the second case of its kind to be initiated by journalists in the United States. Earlier in 2023, investigative reporter Brittany Hailer filed a landmark lawsuit against Allegheny County Jail in Pennsylvania. She is challenging its policies that restrict staff and contractors from speaking to the media without prior approval. Hailer argues that these "gag rules" hinder transparency and accountability by impeding urgent reporting on jail conditions.
Gag orders, as described in both lawsuits, obstruct the free flow of information, and limit the ability of journalists to report on matters of public concern. Increasingly common "censorship by PIO" gag orders in the U.S. require federal employees to direct reporters to public information offices (PIO) instead of engaging directly, despite employees' constitutional right to speak on work-related matters.
The Coalition For Women In Journalism and Women Press Freedom applauds Kim and Randy Shepard for their decision to take legal action. We urge the courts to recognize that applying “gag orders” to limit state employees from speaking to the press is unconstitutional and infringes on the First Amendment rights of both the employees and The Reporter’s journalists. The public has a right to information in its interest and protecting the press’ right to report effectively on state bodies is paramount.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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