New Bill Aims to Shield Journalists from Government Surveillance

American Journalists May Soon Have Protection from Government Surveillance

A bipartisan coalition in the House and Senate reintroduced the PRESS Act (Protect Reporters from Exploitive State Spying) on June 21 to limit the government’s ability to seize journalists’ private data. This legislation aims to safeguard reporters’ First Amendment rights and prevent the disclosure of information that could endanger their sources.

The Senate bill, supported by Senators Ron Wyden (D-Ore.), Mike Lee (R-Utah), and Richard Durbin (D-Ill.), seeks to extend disclosure exemptions and standards to protect journalists’ emails, phone records, and other sensitive information held by third parties.

The proposed legislation will shield journalists against unnecessary government surveillance, ensuring accountability and preserving their ability to hold the government accountable.

Reps. Kevin Kiley (R-Calif.) and Jamie Raskin (D-Md.) will introduce equivalent legislation in the House, following the unanimous success of the previous attempt to pass the bill in the last Congress.

Democrats and Republicans Unite to Protect Journalists’ Rights

The senators introduced the act in response to incidents where law enforcement agencies, under both Democratic and Republican administrations, secretly subpoenaed reporters’ emails and phone records to uncover their sources.

If passed, the PRESS Act will provide journalists with protection against government coercion to disclose confidential sources or research files. It will also safeguard their data held by third parties, such as phone and internet companies, from secret seizure without the opportunity for legal challenge.

The legislation would require federal authorities to allow reporters to respond to data requests from law enforcement, while still granting courts the power to demand disclosure in cases involving terrorist identification or the prevention of imminent violence or harm.

Senator Wyden emphasized the importance of the bill in preserving First Amendment press freedoms and the role of anonymous sources in holding the government accountable.

“Spying on reporters to learn the identity of their sources is a finger in the eye of the First Amendment. Unnecessary surveillance of journalists makes it harder to bring waste, fraud, and abuse to light by scaring off essential sources and reporters. Our bipartisan legislation creates strong protections for reporters, with common sense exceptions for cases when the government truly needs information immediately,” Wyden stated.

Wyden also highlighted that harassment of the press by authorities could discourage reporters and sources from speaking out due to fear of retaliation.

“The First Amendment’s guarantee of a free press is fundamental to holding politicians and others accountable,” he added.