reporting Archives - News/Media Alliance

Alliance Joins Coalition Brief in Challenging Texas Drone Regulations

Charlotte McBirney — Tue, 05 Dec 2023 21:35:31 +0000

On November 27, the Alliance joined a brief in National Press Photographers Association v. McCraw in the United States Court of Appeals for the Fifth Circuit, along with a coalition of news organizations in urging the Fifth Circuit to grant an en banc review of the panel’s earlier opinion which reversed the lower court’s finding that Texas’s restrictive drones is unconstitutional. The Texas law criminally bars some, but not all, drone operators from capturing images of private property or people on private property “with the intent to conduct surveillance”. The law provides exemptions for some favored speakers, including academics, students, and insurers, but not the press. The brief, drafted by Ballard Spahr LLP, argues that the law violates the First Amendment, and the panel’s decision is flawed in concluding that the statute does not regulate speech and is not subject to strict scrutiny. The outcome of this case will be significant, as drones have become an important component of newsgathering and reporting on matters of public interest.

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New Jersey Becomes 33rd State to Enact an Anti-SLAPP Law

Charlotte McBirney — Tue, 12 Sep 2023 15:35:46 +0000

On September 7th, New Jersey Governor Phil Murphy signed into law S.2802/A.4393, to provide anti-SLAPP protections against lawsuits known as SLAPPs (short for strategic lawsuits against public participation) designed to chill free speech. New Jersey becomes the 33rd state to adopt such a statute, which will allow courts in New Jersey to dismiss meritless lawsuits designed to silence criticism or speech on issues of public interest.

The New Jersey law is based on the Uniform Public Expression Protection Act (UPEPA), a model statute that has been adopted by four states and provides some of the strongest protections against meritless claims. These protections are vital to ensuring that journalists can freely report on matters important to the public and perform their function as unofficial watchdogs of government action. Anti-SLAPP laws also protect the general public from being intimated into silence when criticizing public officials or other powerful figures.

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The Kids Online Safety Act (KOSA) Approved Unanimously by Senate Commerce Committee with News Exception

Staff — Mon, 31 Jul 2023 14:05:00 +0000

The Alliance has been working on The Kids Online Safety Act (KOSA) legislation, S. 1409, since it was introduced in 2022, advocating for an explicit exception for news media websites from the bill’s obligations on covered online platforms. Last week, Senators Blumenthal and Blackburn amended the bill to provide that covered platform does not include news websites or apps where video content is related to news gathering, reporting, or publishing, and the site is not otherwise predominantly providing a community forum for user generated content. The bill, with this language, was approved unanimously by the Senate Commerce Committee by voice vote on July 27. Several other amendments were approved by the Committee, with further changes possible before action by the full Senate. A second children’s privacy bill, COPPA 2.0, S.1418, was similarly approved by the Senate Commerce Committee. The Alliance continues to seek changes in a number of definitions and provisions relating to news media websites in that bill as well.

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Counterman v. Colorado

Staff — Tue, 27 Jun 2023 19:27:38 +0000

Decided: June 27, 2023
Citation: Counterman v. Colorado, 600 U. S. ___ (2023)
Appeal from: Colorado Court of Appeals
Case document: Counterman v. Colorado

Facts of the case
Colorado man Billy Counterman had an intense obsession with female singer-songwriter Coles Whalen. From 2014 to 2016, he sent her various disturbing messages from his Facebook account. Each time Whalen blocked his account, he made new profiles to write to her again. Some of his messages suggested he knew her location, while others suggested he wanted her to die or be killed. These messages deeply affected Whalen, causing her to change her daily routine. Counterman was arrested and criminally charged with stalking. He argued that the charges against him would violate his right to free speech because they were not “true threats”. The Colorado trial court convicted him of stalking under a state law restricting speech if a reasonable person could perceive it as a threat. His conviction was affirmed by the Colorado Court of Appeals, and the Colorado Supreme Court denied review. In January of 2023, the Supreme Court granted Counterman a writ of certiorari.

Question for the Court
This case asks the Court to clarify the standard for determining whether a statement is a true threat, punishable by law, or free speech protected by the First Amendment.

Decision
In a 7-2 decision, authored by Justice Kagan, the Court ruled that for a threat prosecution, proof of subjective recklessness is required – that the defendant consciously disregarded that a reasonable person may interpret their words as an act of intimidation or a threat. Therefore, the majority found that Counterman’s prosecution violated the First Amendment. Justice Thomas and Barrett filed dissenting opinions.

Free press implications
The Supreme Court’s decision to adopt a recklessness test, which applies to both civil and criminal contexts, shelters journalists from good faith reporting by requiring proof of intent to threaten. The ruling also reinforces the importance of the actual malice standard in the 1964 decision in New York Times v. Sullivan, continuing to protect journalists when facing defamation claims.

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Site Approved for Fallen Journalists Memorial

Charlotte McBirney — Mon, 15 May 2023 18:59:05 +0000

In 2020, Congress passed the Fallen Journalists Memorial Act, allowing for a memorial dedicated to journalists who have died while reporting the news and in recognition of the vital role that the free press plays in our democracy. Now, according to The Washington Post, the future memorial has found a home, with the U.S. Commission of Fine Arts last week approving a location in Washington, DC.

The future memorial, which will be funded through private donations, is expected to be completed in 2028. It will be housed between the National Museum of the American Indian and the Voice of America building on the National Mall with a direct view of the Capitol, which was “chosen to evoke journalists’ role as government watchdogs.”

Throughout our nation’s history, hundreds of U.S. journalists have lost their lives while doing their jobs so that the American public could stay informed on important matters affecting our country. The Fallen Journalists Memorial will serve as much-deserved recognition and acknowledgement of their sacrifice. Read more.

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Statement: Arrest of Wall Street Journal Reporter in Russia

Staff — Thu, 30 Mar 2023 15:49:35 +0000

The News/Media Alliance joins The Wall Street Journal and the broader journalism industry in its concern over the arrest of journalist Evan Gershkovich yesterday in Russia. Mr. Gershkovich, a U.S. citizen and member of The Wall Street Journal’s Moscow bureau, was arrested while on a reporting trip on Wednesday morning, March 29, for false allegations made by the Russian authorities. Alliance Executive Vice President & General Counsel, Danielle Coffey, stated, “The arrest of Mr. Gershkovich is extremely troubling. Journalists perform a critical service in providing important news and information about local, national and international events to communities across the globe. No journalist should have to do their job in fear of their safety or liberty. We stand with The Wall Street Journal in calling for Mr. Gershkovich’s immediate release.”

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Alliance Joins Coalition Comments on FCC’s Drone Rulemaking

Holly Lubart — Thu, 16 Mar 2023 14:44:40 +0000

The Alliance is part of the News Media Coalition, which submitted comments on March 9, regarding the Federal Communication Commission’s (FCC) proposal to allow unmanned aircraft systems (UAS or drones) to conduct licensed operations in the 5030-5091 MHz spectrum band. The Notice of Proposed Rulemaking did not raise significant concerns; therefore, comments emphasize issues consistent with those we raised last year:

Newsgatherers are unique end-users and have worked with the government toward sensible drone regulation and policy that is consistent with First Amendment principles.
The FCC rulemaking should provide maximum flexibility to accommodate breaking-news coverage.
The privacy of journalism drone operators’ PII must be preserved.
To preserve independence in news reporting on government and others, any rulemaking should permit the FCC to share news drone operational information only where necessary to protect safety.
Compliance with any rulemaking should not impose significant costs on journalists because, unlike other end users, news organizations cannot pass those costs on to consumers.

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Alliance Advocates For Protective Interpretation of Anti-SLAPP Laws

Staff — Thu, 01 Sep 2022 21:07:10 +0000

On August 29, the Alliance joined the Reporters Committee’s amicus brief supporting the proper interpretation of Washington’s new anti-SLAPP law which was based off the Uniform Law Commission’s model anti-SLAPP law UPEPA. The case—Jha v. Khan—is on appeal in the Washington Court of Appeals and marks the first appellate interpretation of UPEPA since it passed in WA last year. In this case, Jha sued Khan for an article Khan wrote criticizing her political opponent’s acceptance of campaign contributions from developers like Jha. Khan filed an anti-SLAPP motion to dismiss the lawsuit, because they were engaging in protected First Amendment activity. The lower court denied the anti-SLAPP motion to dismiss. The Reporters Committee argues that the lower court used an improper standard and asks the appellate court to overturn. The Alliance supports strong anti-SLAPP laws that protect news publishers from frivolous lawsuits that only serve to retaliate against protected First Amendment activity.

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News Media Alliance, MPA Submit Joint Comments to SEC Proposed Rule on Climate-Related Disclosures

Holly Lubart — Wed, 29 Jun 2022 21:09:17 +0000

The News Media Alliance and MPA – The Association of Magazine Media submitted joint comments on June 17 to the Securities and Exchange Commission (SEC) proposed rule requiring registrants to provide certain climate-related information in their registration statements and annual reports. The rule includes Scope 3 reporting, which seeks to capture greenhouse gas emissions throughout a company’s value chain, causing a potential significant impact on reporting public and non-public companies. The comments focus on allowing flexibility in climate reporting and disclosures.

View the comments here.

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MPA Submits Comments on Proposed Climate-Related Disclosures Rule

Staff — Fri, 17 Jun 2022 13:00:36 +0000

MPA submitted comments to the Securities and Exchange Commission (SEC) regarding its proposed rules on the Enhancement and Standardization of Climate-Related Disclosures for Investors.

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