Speaking Up for the First Amendment

Author Tim Wheeler argues that journalists must stand up for the First Amendment, and for open access to public information and the right to freely report it. Photo: Jon S via Flickr Creative Commons (CC BY 2.0).

Feature: Speaking Up for the First Amendment

By Tim Wheeler

Old-school journalists (like me) used to believe their work speaks for itself. These days, that’s no longer enough, if it ever was. Americans’ trust in news media is at an all-time low, according to a recent Gallup poll — below even the public’s traditionally low regard for Congress.

A big part of that decline in trust doubtless stems from politicians, most notably the new president, blasting journalists and the media as biased, as purveyors of “fake news” and as “enemies of the people.”

 

We’re finding it harder to do our jobs,

as government at every level

blocks public employees

from speaking to reporters.

 

As a result, we’re finding it harder to do our jobs, as government at every level blocks public employees from speaking to reporters and erects firewalls against releasing public information.

News organizations are also increasingly being sued and investigated for angering those in power.

So, especially now, it’s essential that we journalists explain what we do, how we do it and why it matters.

We also need to stand up for the First Amendment, and for open access to public information and the right to freely report it. If we don’t do it, who will?

 

Speaking out to defend our work

The Society of Environmental Journalists is a tax-exempt educational nonprofit, which means it can’t support political candidates and its ability to lobby is limited.

But it can and does use its limited lobbying capability under federal tax law to advocate for freedom of information and freedom of the press, as it does through its Freedom of Information Task Force, which I chair, and by taking positions on freedom of information issues.

Toward that end, I recently wrote an op-ed that appeared in The (Charleston, S.C.) Post and Courier, urging the U.S. Senate to pass the PRESS Act. The legislation would shield journalists from being compelled to reveal confidential sources and other sensitive information gathered in the reporting process.

Unfortunately, the bill didn’t get passed before Congress adjourned at the end of 2024, so it will have to be reintroduced. But the need for such a shield is great, so I’ll keep my opinionated hat close by.  

Under the circumstances, others may want to consider speaking out to explain or even defend their work or journalism in general.

 

An annotated text shows ‘how-to’

Writing essays or commentaries doesn’t come easily to a just-the-facts reporter like me, but it’s not as hard as it may at first seem.

Below is an annotated text of my op-ed, in hopes it might serve as a useful guide to anyone else who wants to try their hand at any topic.

Before you start, figure out who your audience is and keep it short and as simple as possible. Many news outlets limit the length of op-eds and letters, so this one is about 500 words.

 

Congress Should Pass the PRESS Act Now
By Tim Wheeler
Chair, Society of Environmental Journalists Freedom of Information Task Force

A federal law to shield journalists from unwarranted government snooping once enjoyed near universal support. It has lately become a political football – but it shouldn’t be.

Like a news lede, the opening lines of a commentary need to state the case being made as directly as possible. Avoid jargon and use simple sentences. A whiff of controversy doesn’t hurt.

President-elect Donald Trump took to social media recently to urge Republicans in Congress to kill the PRESS Act, the shorthand name for the Protect Reporters from Exploitative State Spying Act. Until then, this bill enjoyed broad bipartisan support.

Here’s the problem statement, and the first mention of the PRESS Act, with the acronym spelled out. If you need to use jargon, do so sparingly and define it.

What would the PRESS Act do? It would shield journalists from being compelled to reveal their confidential sources and other sensitive information gathered in the reporting process. It provides reasonable exceptions, however, in cases involving terrorism, other serious emergencies, or journalists suspected of crimes.

Take a little time to explain the topic. Again, boil it down as much as possible. Acknowledge at least in passing if there are caveats.

The PRESS Act passed the House in January with overwhelming support from both parties.

Its chief sponsor, Rep. Kevin Kiley, R-CA, reminded his colleagues then that “liberty depends on the freedom of the press, and journalists are often the first to expose government fraud, waste, abuse, and encroachments on personal freedoms. In a free country, we need to make sure that the government cannot unmask journalists' sources without good cause, and that is why the need for this legislation is so strong.”

The PRESS Act has languished in the Senate, however, where it was sponsored by Sen. Ron Wyden, D-OR, and includes cosponsors Sen. Mike Lee, R-UT, Sen. Richard Durbin, D-IL, and Sen. Lindsey Graham, R-SC. Now, with Trump calling on GOP members of Congress to deep-six it, its fate hangs by a thread.

Here’s where it matters to know your audience and the hinge on which your case turns. This op-ed ran in a news outlet in an overwhelmingly Republican state, where one of its senators, Lindsey Graham, was a cosponsor of the PRESS Act. This commentary appealed to his constituents, in hopes they’d urge him not to abandon his support for the bill under pressure from Trump.

We at the Society of Environmental Journalists urge the President-elect and members of his party to reconsider. SEJ is a membership organization of 1,500 journalists who cover climate change and the most pressing environmental challenges of our time. Our members rely on their ability to protect sources and the information they provide to hold government officials and corporations accountable, report corruption, expose malfeasance, and publicize the most important stories of our time.

I wrote this op-ed on behalf of SEJ, which advocates on behalf of its members for freedom of information and freedom of the press. It’s important to let readers know where you’re coming from.

While some who question climate change might see SEJ’s support of the PRESS Act as ample reason to oppose it, that’s akin to cutting off your nose to spite your face. As the bill’s advocates have pointed out, the PRESS Act would protect conservative, independent and nontraditional journalists just as much as it would those in the mainstream press.

This graf acknowledges the contested partisan turf on which SEJ and journalists operate these days. Then it argues that the protections of the PRESS Act would apply to journalists of all ideologies and platforms.

Indeed, one of the most outspoken advocates for the PRESS Act is Catherine Herridge, a former Fox News reporter facing fines — and possibly even jail time — for refusing to identify her source for her stories about the founder of a Virginia school attended by U.S. military personnel who has ties to the Chinese People’s Liberation Army.

In a recent appearance on NewsNation, Herridge said her reporting on those and other stories relied on confidential sources and “a credible pledge that I would protect their identity.” She said if she could sit down with Trump, she’d remind him of how he had praised her reporting eight years ago that found flaws in the investigation of Russian collusion in his 2016 election.

“It’s not a political thing,” Herridge concluded. “It’s really a democracy thing.”

It helps any argument if you can point to a cogent example. In this case, there was one that might elicit sympathies from conservatives who don’t trust all mainstream media the same. It involved a reporter for Fox News who’s under pressure from a court to reveal her sources.

For the sake of democracy and the First Amendment, we appeal to the Senate to pass the PRESS Act without further delay. It’s urgently needed and long overdue.

In closing, leave readers with a succinct restatement of your case and what action you’re advocating.

Tim Wheeler, associate editor and senior writer for the (Chesapeake) Bay Journal, is chair of SEJ’s Freedom of Information Task Force.

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* From the weekly news magazine SEJournal Online, Vol. 10, No. 3. Content from each new issue of SEJournal Online is available to the public via the SEJournal Online main page. Subscribe to the e-newsletter here. And see past issues of the SEJournal archived here.