US: Women Press Freedom Joins Coalition to Urge Sen. Durbin to Advance the PRESS Act

Women Press Freedom announces that we have joined the Freedom of the Press Foundation (FPF) and 122 other organizations and individuals in a unified call to Senator Dick Durbin to advance the PRESS Act.

Location: United States
Date: May 31, 2024

Photo Credit: Mikhail Makarov via Getty Images/iStockphoto

Women Press Freedom announces that we have joined the Freedom of the Press Foundation (FPF) and 122 other organizations and individuals in a unified call to Senator Dick Durbin to advance the PRESS Act. This crucial bipartisan legislation is designed to protect journalist-source confidentiality at the federal level, the most important press freedom bill in modern times.

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Senator Durbin, who chairs the Senate Judiciary Committee, has a rare and urgent opportunity to enhance First Amendment rights by scheduling the PRESS Act for a markup. If the committee does not act promptly, this pivotal legislation risks stalling.

One of the prominent endorsers of this coalition is the Marion County Record. Women Press Freedom documented how the newsroom and the home of its publisher, Eric Meyer, were subjected to a retaliatory police raid last year. Meyer, with over 25 years of experience in journalism education, highlighted the significance of the PRESS Act:

"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," says Meyer.

Other key supporters of the PRESS Act include the American Civil Liberties Union, Illinois Press Association, and Chicago Headline Club. Despite the broad support and Durbin’s previous endorsement in the Chicago Sun-Times, the Senate Judiciary Committee must act swiftly to review the bill in the next few weeks.

The PRESS Act has already passed the House unanimously in January and enjoys bipartisan support in the Senate from sponsors including Senators Ron Wyden and Mike Lee. Senate Majority Leader Chuck Schumer has expressed his intention to bring the bill to President Joe Biden’s desk this year, but this can only happen if Durbin and the Senate Judiciary Committee advance the bill first.

In addition to shielding journalists from subpoenas, the PRESS Act protects against government surveillance of journalists through their phone and email providers, with reasonable exceptions for emergencies such as terrorism and imminent threats of violence.

Catherine Herridge, a former CBS News and Fox News journalist who has faced contempt of court for refusing to reveal sources, testified that "If confidential sources are not protected, I fear investigative journalism is dead."

Women Press Freedom joins this coalition to emphasize the importance of passing the PRESS Act. The time for action is now, and Senator Durbin must advance this critical legislation to uphold press freedom and the First Amendment.

Read today’s letter to Senator Durbin and Senator Graham below:

May 30, 2024

Chair Dick Durbin

Senate Committee on the Judiciary

711 Hart Senate Building

Washington, D.C. 20510

Ranking Member Lindsey Graham

Senate Committee on the Judiciary

211 Russell Senate Office Building

Washington, DC 20510

RE: PRESS Act Markup (S.2074)

Dear Chairman Durbin and Ranking Member Graham:

The undersigned civil liberties, government accountability, and journalism organizations, as well as individual law professors and media lawyers, write to express our strong support for enacting the Protect Reporters from Exploitative State Spying Act (PRESS Act, S.2074). We appreciate that you have co-sponsored the bill and urge you to schedule a markup of the bill in the Senate Judiciary Committee as soon as possible.

The PRESS Act is a bipartisan shield bill that would protect journalist-source confidentiality, subject to common-sense exceptions, such as cases involving terrorism, other serious emergencies, or journalists suspected of crimes. The Act would also protect journalists against government surveillance through their phone and email providers. The PRESS Act passed the House without objection in two consecutive terms because Americans of all political stripes value the Fourth Estate and agree on reducing government surveillance. As you know, the bill has strong bipartisan support in the Senate, and Senator Schumer has also expressed support for the PRESS Act. Media publishers, press freedom organizations and editorial boards around the country have endorsed it. Journalists need protection from compelled disclosure of their sources and newsgathering materials, to ensure their ability to report on matters of public interest. When courts require journalists to reveal confidential sources’ identities or other information related to their reporting, such compulsion undermines their ability to gather the news and keep Americans informed. Currently, some federal circuits recognize a limited reporter’s privilege, while others, like the Seventh Circuit, recognize none. That means journalists and their sources are faced with great uncertainty regarding what law would apply in the event of an effort to unmask confidential sources.

This threat is not hypothetical. In February, a federal judge held journalist Catherine Herridge in contempt of court for refusing to divulge her sources for reporting for Fox News about an online school’s alleged ties to the Chinese military. The judge repeatedly noted the absence of a federal law protecting journalist-source confidentiality. As Herridge recently explained in her testimony before a House Judiciary subcommittee, the PRESS Act would “put an end” to this legal jeopardy for her and other journalists.

Importantly, the PRESS Act has a broad definition of “covered journalist” that includes anyone who regularly gathers and reports news. This recognizes the evolving nature of the profession and affords the same protections to freelance journalists and independent outlets that are enjoyed by the likes of the Wall Street Journal and Fox News. In addition, the PRESS Act would prevent future executive branch officials from targeting journalists and their sources. Subject to a few sensible exceptions, such as a reasonable threat of imminent violence or when journalists are suspected of crimes, the bill would prohibit most subpoenas of reporters’ phone and email records, a tactic used by Democratic and Republican administrations to attempt to uncover reporters’ sources. It would also protect local journalists who report on matters unrelated to politics.

As co-sponsors of the PRESS Act, we know you understand the importance of this legislation. We urge you to promptly schedule a markup of the PRESS Act in the Senate Judiciary Committee so that it can be considered by the full Senate and become the law of the land. Doing so would immeasurably fortify Americans’ First Amendment rights.

Respectfully,

Organizations:

Alabama Press Association

American Civil Liberties Union

American Society of Journalists and Authors (ASJA)

Arizona Press Club

Arkansas Broadcasters Assoc

ARTICLE 19

Association of Foreign Press

Correspondents

Association of Health Care Journalists

The Authors Guild

CalMatters

Center for Democracy & Technology

The Chicago Headline Club (SPJ Chicago Chapter)

The Coalition For Women In Journalism

Colorado Freedom of Information Coalition

Colorado Press Association

Committee to Protect Journalists

Defending Rights & Dissent

Demand Progress

Electronic Frontier Foundation

Fight for the Future

First Amendment Coalition

Fix the Court

Free Press Action

Freedom of the Press Foundation

Georgia First Amendment Foundation

GovTrack.us

Illinois Broadcasters Association

Illinois Press Association

Indigenous Journalists Association

Institute for Free Speech

The Intercept

Kansas Association of Broadcasters

Knight First Amendment Institute at

Columbia University

LION Publishers

Louisiana Association of Broadcasters

Marion County Record

Massachusetts Broadcasters Association

Media and Democracy Project

The Minnesota Broadcasters Association

Minnesota Newspaper Association

Mississippi Press Association

Montana Broadcasters Association

Motion Picture Association

Ms. magazine

National Association of Science Writers

National Freedom of Information Coalition

National Lawyers Guild

National Press Photographers Association (NPPA)

Nebraska Press Association

New Jersey Broadcasters Association

New Mexico Broadcasters Association

New York News Publishers Association

New York Press Association

North Carolina Press Association

North Dakota Broadcasters Association

North Dakota Newspaper Association

Online News Association

PEN America

Penguin Random House LLC

Pro Publica, Inc.

Project Censored

Protect The 1st Foundation

Public Participation Project

Radio Television Digital News Association

Reporters Without Borders (RSF)

Restore The Fourth

RootsAction.org

Society of Environmental Journalists

Society of Professional Journalists

Society of Professional Journalists East

Tennessee Pro Chapter

Society of Professional Journalists Houston

Pro Chapter

South Carolina Press Association

South Dakota NewsMedia Association

South Florida Sun Sentinel

SPJ New England

St. Louis Society of Professional Journalists

Student Press Law Center

Surveillance Technology Oversight Project

Texas Association of Broadcasters

Thomas & LoCicero

Tucson Sentinel

Tully Center for Free Speech

Utah Press Association

Whistleblower & Source Protection Program

(WHISPeR) at ExposeFacts

Woodhull Freedom Foundation

Woodhull Freedom Foundation

Wyoming Press Association

X-Lab

Attorneys and law professors:

Floyd Abrams

Philip Alston

Chad R. Bowman

Mark R. Caramanica

Timothy A. Canova

Alan K. Chen

Kathleen Conkey

Eric B. Easton

Kai Falkenberg

James Goodale

Megan Gray

Laura Handman

Jeffrey J. Hunt

Michael Judd

Rick Kurnit

James B. Lake

Robert P. Latham

Gregg P. Leslie

Carol Jean LoCicero

Gregory P. Magarian

Dana J. McElroy

Carlin Meyer

Heather E. Murray

Michael O'Brien

Jonathan Peters

David C. Reymann

Jacquelyn Schell

Sigmund D. Schutz

Lena Shapiro

Nathan Siegel

Natalie J. Spears

Thomas Sullivan

Gregg D. Thomas

Charles D. Tobin

Steven D. Zansberg

Women Press Freedom is an initiative by The Coalition For Women In Journalism

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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