The post Alliance Joins Coalition Brief Defending Group Libel Doctrine appeared first on News/Media Alliance.

On October 26, the Alliance joined a brief in Banks v. Hoffman, filed in the District of Columbia Court of Appeals. The case involves three retired military psychologists suing the American Psychological Association (“APA”) and Sidley Austin LLP alleging they were falsely accused of promoting torture in a report about the Bush Administration’s use of “enhanced” interrogation techniques in the aftermath of the 9/11 terrorist attacks. The Superior Court granted the defendants’ special motions to dismiss under D.C.’s Anti-SLAPP Act. The Court of Appeals then reversed the Superior Court’s dismissal and invalidated the discovery-limiting provision of the D.C. Anti-SLAPP Act. The amicus brief, filed by RCFP, argues that the appeals court should grant the petition for rehearing and reverse the panel’s decision invalidating the discovery-limiting provision. It also argues that the panel erred in reversing the Superior Court’s finding that the plaintiffs were public officials for purposes of defamation law and its holding that a hyperlink without more was not a republication. Both holdings could have significant impact for news and magazine media that rely on these key statutory protections and principles for free speech. Read more.

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About Free Speech Week

Free Speech Week is a nonpartisan, non-ideological event designed to raise awareness and celebrate the importance of free speech and a free press in the United States. This year Free Speech Week is October 16-22, 2023.

News/Media Alliance is a Free Speech Week partner, along with a variety of organizations and educational institutions that believe in the value of freedom of speech and a free press. Click here to view a list of Free Speech Week Partners.

Partners offer resources and host activities during Free Speech Week, including webinars, quizzes, contests and more. Click here for ideas on how your organization can participate in Free Speech Week.

For more information about Free Speech Week, visit www.freespeechweek.org

Free Speech/Free Press Content

Alliance Free Press page

View all News/Media Alliance posts about free speech and freedom of the press.

Supreme Court Watch: Free Press Focus (2023) – For decades, the Supreme Court’s decisions have both extended and restricted free press protections through the interpretation of the First Amendment in cases that have come before it. The Court continues to hear such cases to this day. The News/Media Alliance monitors these cases and participates in amicus briefs where appropriate, in an effort to protect the rights of news and magazine media.

Infographic: The History of Press Freedom in America (See right)

Alliance Opposes Bill Restricting Journalists’ Right of Access (July 11, 2022) – The Alliance joined a letter by the National Press Photographers Association asking Arizona Gov. Douglas Ducey to veto a recently passed Bill that makes it illegal to film a law enforcement officer within eight feet of the officer without permission, explaining that the bill likely “violates not only the free speech and press clauses of the First Amendment,” but also “runs counter to the ‘clearly established right’ to photograph and record police officers performing their official duties in a public place.”

“Why Students Need the Full First Amendment,” Free Speech Week column by News/Media Alliance Fall/Winter 2020 Alliance communications intern, Jennifer Nehrer (2020) – “In order to ensure that student voices are heard, schools should not limit the freedoms of speech that are given to citizens outside of the schoolyard.”

“Facts Are the Language of America,” Free Speech Week op-ed by News/Media Alliance President & CEO David Chavern (2018) – “To fortify and flourish, we need to protect free speech. Journalists must be able to do their jobs without fear of censorship so that readers have unfettered access to the facts. Free speech is our most important tool in challenging abuses of power.”

“News Media Are the First and Most Effective Means for Exercising Our Five First Amendment Freedoms,” National Newspaper Week op-ed by News/Media Alliance President & CEO David Chavern (2019) – “Through news media, citizens can express themselves and advocate for their causes, whether they be political, religious or just personally meaningful to us; share our thoughts and ideas; petition the government; and plan assemblies. News media can be our own personal amplifier for sharing our unique perspectives, as well as a wider lens through which to view and engage with our communities.”

The PRESS Act

The bi-partisan Protect Reporters from Exploitative State Spying Act, or “PRESS Act,” (H.R. 4330) would establish reasonable ground rules for when the government can obtain confidential source information from the media and their third-party service providers. The Act was originally introduced in 2021 by Rep. Jamie Raskin (D-MD) following reports that the Department of Justice was misusing statutes to obtain information from and about journalists. The safeguards enumerated in the PRESS Act are critical to supporting and maintaining a free and independent press.

Related:

Statement: News/Media Alliance Applauds House Judiciary for Unanimous Vote in Favor of the PRESS Act (July 2023)

Statement: Bipartisan Federal Shield Bill, the Protect Reporters from Excessive State Suppression (PRESS) Act Reintroduced in House and Senate (June 2023)

Statement: House Passes PRESS Act (September 19, 2022)

The Journalist Protection Act

On May 3, 2023, World Press Freedom Day, Senators Robert Menendez (D-NJ), Richard Blumenthal (D-CT) and Representative Eric Swalwell (D-CA-14) introduced the Journalist Protection Act in the House and Senate. The bill would strengthen protections for journalists by making intentionally harming or intimidating a working journalist a federal crime.

The Freedom of Information Act (FOIA)

The State of FOIA 2023  (March 2023)

Alliance Supports Government Transparency Under FOIA (September 1, 2022)

Senate Holds FOIA Hearing (March 31, 2022)

DOJ FOIA Guidelines Call for More Transparency (March 16, 2022)

The State of of FOIA Infographic (updated March 15, 2022)

Anti-SLAPP Legislation

With State Anti-SLAPP Laws in Chaos, New Uniform Legislation Would Offer Consistent Protection for Publishers of Free Speech (February 28, 2022)

#FreeSpeechWeek Materials

Below are several resources and materials on Free Speech that can be used in your newspaper publications, as well as online and on social media.

Free Speech Week logo and tagline:

Download official Free Speech Week logo and tagline

Social media badge:

Show your support by changing your social media profile image during Free Speech Week.

Download the Free Speech Week social media badge here.

In addition, use the hashtag #freedomspeaks to follow and participate in the conversation about free speech week on Twitter!

Social media graphics

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On October 5th, the Alliance joined an application, submitted to the DC Circuit Court, requesting audiovisual access to the United States v. Donald J. Trump trial related to the January 6th events, currently scheduled for March 2024. The Alliance also joined a media coalition letter, led by Ballard Spahr, to the Judicial Conference of the Administrative Office of the United State Courts urging a change to Rule 53 to allow audiovisual access to the trial and other criminal proceedings. The application and letter outline how this criminal trial against a former President is historic and unprecedented, and the public and the media have a right to access the trial. Audiovisual coverage is necessary to provide accurate, timely, and meaningful access to the media and the public, and the per se ban on audiovisual access is unconstitutional. To only allow the few members of the press and public who can get a seat in the courtroom to observe the trial does not satisfy the First Amendment. The Alliance will continue to support efforts to allow greater access for journalists and the public to observe trials, especially those with historic significance.

The post The Alliance Joins Media Coalition Urging Court to Allow Cameras at Trump’s Election Interference Trial appeared first on News/Media Alliance.

On September 7, the Alliance joined a brief in Citizens for Fauquier County v. Town of Warrenton, filed in the Virginia Court of Appeals. The case is a public records case, in which the town of Warrenton denied a records request for the disclosure of records about recent changes to Virginia zoning laws amid an application by Amazon to use land in the town for a data center. The Town claimed executive privilege under the “working papers and correspondence” exemption in Virginia’s FOIA statute. Citizens for Fauquier County (“CFC”), a non-profit environmental organization, sued to compel the Town to release the requested records, which the lower court denied, and CFC appealed. The brief, filed by RCFP, argues that the exemption should be narrowly interpreted to be consistent with the goal of Virginia’s FOIA statute and that courts should not apply the exemption without conducting fact-finding, to ensure journalists and others have adequate and much-needed access to public records. Read more.

The post Alliance Joins Brief Arguing for Disclosure of Public Records in Virginia Zoning Case appeared first on News/Media Alliance.

On September 19, the Alliance joined a brief in United Healthcare v. Eighth Judicial District Court of the State of Nevada, filed in the Nevada Supreme Court. The case involves access to trial exhibits and transcripts following a high-profile trial and jury verdict against United Healthcare Insurance Company for underpaying out-of-network medical providers. Post-trial, United Healthcare sought to seal or redact many of the trial exhibits and transcript from the trial – records that had been introduced in open court and entered into the public record. The trial court denied the sealing request and United Healthcare appealed. The brief, filed by RCFP, argues that the Nevada Supreme Court should affirm the lower court’s decision, as there is a presumptive right of access to court records, and this cannot be overcome when those records have already been made public at trial. The case is important in preserving the right to access court records by journalists and the public. Read more.

The post Alliance Joins Brief Arguing Court Records Should Not be Retroactively Sealed Post-Trial appeared first on News/Media Alliance.

“As I boarded an Amtrak train back home from Washington, D.C. last Thursday morning, leaving a city bracing for a potential (ultimately averted) government shutdown amid a debate checkered with misinformation, the capitol’s dysfunction and discord provided an appropriate backdrop to the urgent mission that had brought me there. The News/Media Alliance, an industry advocate, organized last week’s D.C. trip to push for the Journalism Competition and Preservation Act (JCPA), a vital bill that needs to pass.” Read more.

The post My Trip to Capitol Hill, and the Desperate Need to Save Newspapers appeared first on News/Media Alliance.

9/28/23: Senator Chuck Grassley/@ChuckGrassley – “Met w Ronald Slechta with The News (Kalona). We talked about the Journalism Competition and Preservation Act + postage price increases.” See post.

9/28/23: Linda Shapley/@LindaShapley –  “This week, I joined journalism advocates, lawmakers, and @newsalliance members from around the country in Washington in support of local journalism. #SaveLocalNews I visited with my @ColoradoPress colleagues … …”  See post.

9/28/23: S.D. Newspaper Association /@SD_Newspapers, 9/28/23 – “Great day on Capitol Hill with colleagues lobbying for local journalism on behalf of all SD newspapers. Thank you to our congressional delegation for their support of quality, local journalism and what it means for our communities and our democracy. @newsalliance #SaveLocalNews”  See post.

• S.D. Newspaper Association /@SD_Newspapers-  Thanks to @RepDustyJohnson for robust discussion about need to protect & support local journalism. David Bordewyk of SDNA, Rep. Johnson, Letti Lister of Black Hills Pioneer, Bill Masterson of Lee Enterprises & Jeremy Waltner of Freeman Courier. @newsalliance #SaveLocalNews See post.
• S.D. Newspaper Association /@SD_Newspapers-  This week, @bhpioneer’s Letti Lister, @freemancourier’s @jeremywaltner and I joined other jounalism advocates and @newsalliance members in D.C. to support local journalism and the http://jcpabill.com Thank you to @SenatorRounds for an excellent meeting and discussion. See post.

9/29/23: Brian Martin/ @briankmartin “Thanks to @SenJohnBarrasso and @SenLummis for taking time this week to meet with #Wyoming journalists about bills pending in Congress that would benefit local businesses and community news organizations. We appreciate your support!” #SaveLocalNews See post.

9/29/23: Tim Kennedy/@tkkennedytim “Our message this week: #SaveLocalNews -Long past due to pass the JCPA. AI developers need to respect copyrights. They must be required to compensate news organizations for harvesting our content.” See post.

The post JCPA Social Posts: 9/26 – 10/2 appeared first on News/Media Alliance.

“Peekskill Herald Publisher Regina Clarkin was in Washington, D.C. earlier this week to meet with key Senators and Congressional representatives to advocate for bills and ideas to help save local journalism. Clarkin joined local publisher Adam Stone of Examiner Media along with Emily Sachar and Walter Mullin of The Daily Catch in Red Hook, NY as part of a delegation of some 80 newspaper publishers from across the country. The publishers were invited to Washington by the News Media Alliance, a trade association representing 2,000 newspapers whose members include the largest publishing companies, both newspapers and magazines, in the country.”  Read more.

The post Newspaper Publishers Lobby Congress for Passage of Bill to Protect Local Journalism appeared first on News/Media Alliance.

“Washington Post Live anchor and co-author of The Early 202 Leigh Ann Caldwell speaks with Sen. Amy Klobuchar (D-Minn.) and Rep. Ken Buck (R-Colo.) about their bipartisan push for the Journalism Competition and Preservation Act and the role of the free press in a democracy. Conversation recorded on Thursday, September 28, 2023.” Watch now.

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