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On February 16, a federal judge granted the Association of American Publishers’ request for a preliminary injunction in the case concerning Maryland’s recently enacted electronic book licensing law. The law, adopted in May 2021, requires publishers of “electronic literary products” to offer licenses to public libraries on “reasonable terms.” The term “electronic literary products” encompasses most digital text documents, while “publisher” is defined broadly to include newspapers. AAP’s lawsuit argues, among other claims, that the law is preempted by the federal Copyright Act, which establishes the copyright owners’ exclusive rights to control their works. In her opinion, judge Deborah L. Boardman of the U.S. District Court for the District of Maryland granted the preliminary injunction, stating that the law “likely stands as an obstacle to the accomplishment of the purposes and objectives of the Copyright Act.” Judge Boardman noted that the law would require publishers to either refrain completely from offering e-books and audiobooks to the public or to offer licenses to public libraries, both of which would interfere with their exclusive right to distribute. While recognizing the importance of libraries to the public, the opinion notes that “striking the balance between the critical functions of libraries and the importance of preserving the exclusive rights of copyright holders, however, is squarely in the province of Congress and not this Court or a state legislature.” Following the order, the state is enjoined from enforcing the law for the time being. Read the AAP’s statement on the decision here and the court opinion here.

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On December 29, New York Governor Kathy Hochul vetoed a bill that would have required electronic book publishers to issue licenses to state libraries on “reasonable terms.” The bill – opposed by various industry groups, including the Association of American Publishers (AAP) and the News Media Alliance – defined the terms “electronic book” and “publisher” broadly while leaving the term “reasonable terms” vague. In the message accompanying the veto, Governor Hochul noted that the bill is pre-empted by federal copyright law. The bill resembled a recently adopted Maryland law that explicitly includes newspapers in its definition of a “publisher.” AAP has filed a lawsuit against the Maryland law, arguing, among other issues, that it is preempted by the Copyright Act, which gives copyright owners the exclusive right to decide whether and on what terms to make their works available. The Alliance commends Governor Hochul for her decision and continues to work together with other industry stakeholders to ensure that creators’ federal protections are protected in other states. Read more about the issue here.

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June 28 will always be a hard day for any journalist­ – that was the day, exactly one year ago, that five newsroom staffers were lost to the hands of a gunman who shot his way into The Capital Gazette newsroom in Annapolis, Maryland, barring a grudge against the local paper. While the gunman was later arrested and will soon stand trial, The Capital Gazette is only one of many newsrooms that have faced losses in the past year.

Despite this, journalists continue to risk their lives every day, facing threats not only out in the field, but in their own newsrooms. Growing anti-journalist sentiment around the world has increased the dangers faced by reporters, whether they’re working in a war zone or their local communities.

This year, the state of Maryland is marking the tragic day with a message of support, naming June 28 Maryland Freedom of the Press Day. In honor of those lost, the city of Annapolis will host a summit on preventing gun violence, while The Capital Gazette, Baltimore Sun Media and Tribune Publishing will dedicate a memorial garden to the victims, with a rose bush being planted for each of the five lost Capital Gazette staffers. In addition, there will be a concert and community gathering in the evening, as well as a moment of silence at 2:33 p.m.

As the first anniversary of the tragic shooting approaches, a new foundation, the Fallen Journalists Memorial (FJM) Foundation, is seeking to create a Fallen Journalists Memorial in Washington, D.C. The charge is being led by David Dreier, chairman of Tribune Publishing, the parent company of The Capital Gazette. The memorial project has congressional support as well, with Senators Ben Cardin (D-MD) and Rob Portman (R-OH) and Representatives Grace Napolitano (D-CA) and Kevin Hern (R-OK) introducing a bill this week that would allow the memorial to be constructed on federal land. If enacted, the memorial will be privately funded.

The memorial, which would honor the lost Capital Gazette staffers as well as the dozens of journalists lost each year in the line of duty, has already garnered support from the Annenberg Foundation and the Michael and Jackie Ferro Foundation, both of which have already committed to providing initial funding for the project.

According to the FJM Foundation website, the memorial will “pay tribute to the reporters, photojournalists, producers, editors and others who have died while performing their jobs as journalists.”

In addition to the planned memorial, the Capital Gazette staffers have been honored through a scholarship to aspiring young writers. The scholarship will “provide an annual award for select students pursuing a degree in Journalism at the University of Maryland, College Park,” the alma mater of victims John McNamara and Gerald Fischman. (Robert Hiaasen was a part-time journalism professor at the school, as well.) Two students were awarded the scholarship this spring.

Journalists should not have to lose their lives for bringing us information that helps us to be informed and engaged citizens. On this inaugural Maryland Freedom of the Press Day, we should all remember the value of journalism. Despite the hostility and insults that dismiss our jobs as “fake news,” our industry has continued on, stronger than ever, delivering the news daily to anyone who wants it.

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One year ago, on June 28, 2018, the lives of five newsroom employees from The Capital Gazette in Annapolis, Maryland, were senselessly taken by gun violence. Today, we honor those victims — and the three dozen other journalists lost around the world in the last year — by celebrating Maryland Freedom of the Press Day.

While horrific tragedies like that in the Capital Gazette newsroom are not common, threats and attacks on journalists are growing increasingly common, and terrible political rhetoric has only made the world a more dangerous place for the men and women who seek to report the news.

No journalist should have to go to work in fear of their safety, whether they’re covering a war zone or the local city council. Each loss of life in the journalism community affects us all, from the friends and families of the victims, to the colleagues that must carry on in their absence, to the general public who miss out on the valuable work conducted by journalists and other newsroom employees to hold those in power accountable.

We applaud the legislators in Maryland for recognizing the value of the lives lost at the hands of a gunman at The Capital Gazette. Today, we ask you to remember Rob Hiaasen, Wendi Winters, Gerald Fischman, John McNamara and Rebecca Smith, the Capital Gazette staffers we lost, as well as all of the other journalists who sacrificed their lives while working to deliver the news.

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