first amendment Archives - News/Media Alliance https://www.newsmediaalliance.org/tag/first-amendment/ Fri, 19 Jan 2024 01:12:30 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 Statement: News/Media Alliance Applauds Passage of PRESS Act in House https://www.newsmediaalliance.org/statement-news-media-alliance-applauds-passage-of-press-act-in-house/ Fri, 19 Jan 2024 01:12:30 +0000 https://www.newsmediaalliance.org/?p=14546 The News/Media Alliance applauds the House of Representatives for unanimously passing H.R.4250—the Protect Reporters from Exploitative State Spying Act (PRESS Act). The PRESS Act would establish reasonable ground rules for when the government can obtain confidential source information from journalists and their third-party service providers obtained throughout the newsgathering process.

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The News/Media Alliance applauds the House of Representatives for unanimously passing H.R.4250—the Protect Reporters from Exploitative State Spying Act (PRESS Act). The PRESS Act would establish reasonable ground rules for when the government can obtain confidential source information from journalists and their third-party service providers obtained throughout the newsgathering process.

Alliance President and CEO Danielle Coffey stated, “The PRESS Act provides a vital safeguard for the important work of the free press in reporting on matters important to our communities, without fear of government interference or intimidation. The Alliance thanks Representatives Kevin Kiley and Jamie Raskin for their leadership on this bill in the House and we look forward to supporting this important bi-partisan bill advancing in the Senate.”

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Year in Review Member Report https://www.newsmediaalliance.org/2023-year-in-review-member-report/ https://www.newsmediaalliance.org/2023-year-in-review-member-report/#respond Thu, 11 Jan 2024 18:41:31 +0000 https://www.newsmediaalliance.org/?p=14522 Sorry, but you do not have permission to view this content.

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Alliance Joins Coalition Brief in Challenging Texas Drone Regulations https://www.newsmediaalliance.org/alliance-joins-coalition-brief-in-challenging-texas-drone-regulations/ Tue, 05 Dec 2023 21:35:31 +0000 https://www.newsmediaalliance.org/?p=14473 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 drone law is unconstitutional.

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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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Free Speech Week https://www.newsmediaalliance.org/free-speech-week/ Thu, 12 Oct 2023 13:00:11 +0000 https://nmacopy.wpengine.com/?post_type=nma_event&p=3392 October 16-22, 2023 - Free Speech Week is nonpartisan, non-ideological event to raise awareness and celebrate the importance of free speech and a free press in the United States.

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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

Click to expand, right-click to save.

 

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Supreme Court Declines to Revisit NYT v. Sullivan, though Justice Thomas Wants to Revisit it in Future https://www.newsmediaalliance.org/supreme-court-declines-to-revisit-nyt-v-sullivan-though-justice-thomas-wants-to-revisit-it-in-future/ Tue, 10 Oct 2023 19:33:51 +0000 https://www.newsmediaalliance.org/?p=14302 On October 10th, the Supreme Court declined to revisit the landmark First Amendment decision in New York Times v. Sullivan, which provides vital First Amendment protections to journalists and the public

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On October 10th, the Supreme Court declined to revisit the landmark First Amendment decision in New York Times v. Sullivan, which provides vital First Amendment protections to journalists and the public. The case, Don Blankenship v. NBC Universal et al., requesting the precedent be revisited, concerns a former coal baron who was convicted of a federal conspiracy offense and who sued a number of news outlets for their erroneous reporting that he was a convicted felon, even though his offense was classified as a misdemeanor. Lower courts ruled against him, finding that the outlets did not make the statements with actual malice, but the attorneys for the plaintiff urged the Supreme Court to reconsider the decision and overturn NYT v. Sullivan. The Supreme Court declined to take up the case, however Justice Thomas wrote in a concurrence “[i]n an appropriate case, however, we should reconsider New York Times and our other decisions displacing state defamation law”.

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The Alliance Joins Media Coalition Urging Court to Allow Cameras at Trump’s Election Interference Trial https://www.newsmediaalliance.org/the-alliance-joins-media-coalition-urging-court-to-allow-cameras-at-trumps-election-interference-trial/ Tue, 10 Oct 2023 16:00:25 +0000 https://www.newsmediaalliance.org/?p=14299 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.

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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.

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2023 National Newspaper Week and International Newspaper Carrier Day https://www.newsmediaalliance.org/nnw-carrier-day/ Tue, 12 Sep 2023 16:35:03 +0000 http://nmacopy.wpengine.com/?post_type=nma_event&p=4946 International Newspaper Carrier Day is held each year in conjunction with National Newspaper Week (NNW), an annual week dedicated to celebrating the impact of newspapers to communities large and small.

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Saturday, October 7, 2023

International Newspaper Carrier Day is held each year in conjunction with National Newspaper Week (NNW), an annual week dedicated to celebrating the impact of newspapers to communities large and small.

National Newspaper Week 

National Newspaper Week (NNW) is October 1 – 7, 2023, with International Newspaper Carrier Day falling on that Saturday, October 7, 2020.

NNW is sponsored by Newspaper Association Managers, Inc., the consortium of North American trade associations representing the industry on a state and provincial, regional and national basis.

This year’s NNW theme is “In Print. Online. For You.” This 83rd annual National Newspaper Week is a recognition of the service of newspapers and their employees across North America.

For more information about National Newspaper Week and to download NNW resources, visit www.nationalnewspaperweek.com/

Additional materials for use by newspapers promoting NNW will be posted below as they become available.

International Newspaper Carrier Day

International Newspaper Carrier Day is on Saturday, October 7, 2023.

The News/Media Alliance produces an ad for International Newspaper Carrier day for members to run in their newspapers as a thank-you to their hard-working newspaper carriers.

Click here to download the 2023 ads.

 

 

 

 

 

 

 

 

 

 

 

 

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New Jersey Becomes 33rd State to Enact an Anti-SLAPP Law https://www.newsmediaalliance.org/new-jersey-becomes-33rd-state-to-enact-an-anti-slapp-law/ Tue, 12 Sep 2023 15:35:46 +0000 https://www.newsmediaalliance.org/?p=14106 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.

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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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Statement: News/Media Alliance Applauds House Judiciary for Unanimous Vote in Favor of the PRESS Act https://www.newsmediaalliance.org/statement-news-media-alliance-applauds-house-judiciary-for-unanimous-vote-in-favor-of-the-press-act/ Wed, 19 Jul 2023 17:04:51 +0000 https://www.newsmediaalliance.org/?p=13908 The News/Media Alliance applauds the House Judiciary Committee for unanimously voting, 23-0, in favor of H.R. 4250, the bipartisan ‘Protect Reporters from Exploitative State Spying Act’ (“PRESS Act”).

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The News/Media Alliance applauds the House Judiciary Committee for unanimously voting, 23-0, in favor of H.R. 4250, the bipartisan ‘Protect Reporters from Exploitative State Spying Act’ (“PRESS Act”). The PRESS Act would establish reasonable ground rules for when the government can obtain confidential source information from the media and their third-party service providers. The bill was reintroduced this Congress, by Representatives Kevin Kiley (R-CA-3) and Jamie Raskin (D-MD-8), after unanimously passing the House last Congress. The bill provides much-needed safeguards to protect the important investigative work of the free press on matters critical to preserving our democracy. The Alliance looks forward to the bill advancing in both the House and Senate and will continue to support legislative efforts that protect journalists throughout the newsgathering process.

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Alliance Joins Comments on Proposed Rules for Drone Use in New York City https://www.newsmediaalliance.org/alliance-joins-comments-on-proposed-rules-for-drone-use-in-new-york-city/ Wed, 12 Jul 2023 19:35:49 +0000 https://www.newsmediaalliance.org/?p=13886 On July 7, the Alliance joined comments drafted by the National Press Photographers Association in response to the New York City Police Department (“NYPD”) proposed rules relating to drone use in New York City.

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On July 7, the Alliance joined comments drafted by the National Press Photographers Association in response to the New York City Police Department (“NYPD”) proposed rules relating to drone use in New York City. NYPD is proposing to amend its rules to create a procedure by which members of the public can submit applications to launch or land an unmanned aircraft, including a “drone”, within New York City. The comments outline the potential First Amendment implications of the proposed rules, including, for example, that the 30-day advance application submission requirement will prevent journalists from covering breaking news. The proposed rules do not provide a time limit within which the City must approve or deny applications, nor a timeframe within which the City must respond to an appeal when a permit application is denied. The application also requires a non-refundable $150.00 fee, which may be beyond the economic reach of many independent journalists. The comments argue that the application process is unconstitutional as it is too burdensome and costly; essentially foreclosing the use of drones for most journalistic purposes. While the Alliance supports the development of safe drone journalism practices, any rules or regulations must also provide strong First Amendment protections for news and magazine journalists. Read more.

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