United States: Journalist Brittany Hailer Takes on Jail's Gag Order in Landmark Lawsuit

The Coalition For Women In Journalism wholeheartedly supports Hailer in her legal effort to challenge restrictions on jail staff speaking to journalists that stifles press freedom

Location: United States, Pittsburgh
Date: August 17, 2023

Investigative journalist Brittany Hailer has filed a groundbreaking lawsuit against a jail in Pennsylvania, challenging its policies that prohibit staff and contractors from speaking to the media without prior approval. Journalism groups have long condemned these "gag rules," arguing that they hinder transparency and accountability. The Coalition For Women In Journalism calls on the federal court to uphold the First Amendment rights of public employees and press, and rule in her favor.

On August 17, Brittany Hailer filed a lawsuit against Allegheny County Jail arguing that gag rules impede urgent reporting necessary to inform the public about conditions and events at the jail. By preventing staff from speaking to the press without permission, meaningful public oversight and accountability are hindered.

This lawsuit is believed to be the first of its kind brought by a journalist in the United States. Previous rulings in challenges brought by employees and unions against public agency gag orders have deemed these rules unconstitutional.

Hailer has extensively reported on issues within Allegheny County Jail, including the deaths of at least 20 men since April 2020. The circumstances surrounding these deaths remain unclear, and the jail has allegedly withheld medical records from family members, making it difficult to confirm the cause of death in several cases.

The Yale Law School Media Freedom and Information Access Clinic, along with the Reporters Committee for Freedom of the Press, filed the suit on behalf of Hailer, who is the director of the Pittsburgh Institute for Nonprofit Journalism. 

Government Abusing Gag Orders to Stifle Press Freedom

Gag restrictions, often referred to as "censorship by PIO," have become increasingly prevalent in the United States. Federal agencies require employees to redirect reporters to their public information offices (PIO), rather than engaging with them directly. Despite the constitutional right of public employees to speak about work-related matters without needing permission from their employers, these gag orders have become more common and burdensome over time.

In the past, journalists had more direct access to government officials and experts. However, after the 1995 Oklahoma City bombing, physical access was limited, and journalists are now required to send interview requests to PIO offices to speak with federal employees, police, experts, etc.

Former media relations head at the Centers for Disease Control and Prevention, Glen Nowak, says that each presidential administration since the 1980s has increasingly limited what the agency can say, resulting in the need for every contact with a reporter to be vetted through political layers of government.

These gag rules in public bodies hinder transparency, making it more difficult for journalists to access official documents and conduct interviews. Journalists have pushed back against these constraints, but often fear losing access to government sources if they speak out.

The Coalition For Women In Journalism commends Brittany Hailer for taking Allegheny County Jail to court over its restrictive and unconstitutional “gag order” on staff. We hope that Hailer's lawsuit will inspire similar challenges and lead to a reduction in restrictive gag orders placed on public agencies, enabling journalists to carry out their vital work without impediments.

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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