Protect Reporters Act: Press Freedom’s Hail Mary?

In the last days of President Joe Biden’s term — and before the Trump-Musk reign begins — the Democrat-led U.S. Senate has a must-do job: Protect reporters and defend the First Amendment. The fight is imperative as the U.S. endures a MAGA-threatened, Republican-approved war on press freedom.

The Protect Reporters from Exploitative State Spying Act (aka PRESS Act) would provide a federal shield law for reporters to protect their sources’ identities.

All types of journalists protected

Lucy Dalglish, former dean of the Merrill College of Journalism at the University of Maryland, College Park, said the bill would protect all types of journalists, from independent reporters to those at mainstream publications.

“It covers more than just traditional, mainstream media journalists,” she said. “It covers folks, such as ones who are working for [Public News Service and Verdant Square Network], and others who regularly collect information, digest it in some way, and  disseminate it to the public.”

Dalglish added that the bill also bans investigators from approaching telecommunications or other internet companies for access to reporters’ contacts. Right now, 49 states and Washington, D.C., have a shield law or some legal precedent on the books to protect press freedom.

PRESS Act in jeopardy

In January 2024, the PRESS Act unanimously passed the U.S. House of Representatives. Last week, the bill failed after Sen. Tom Cotton (R-Ark.) objected to its passage. The bill can pass now only if attached to another piece of legislation — or if the Senate holds a stand-alone vote.

Dalglish said administrations vary in how they wield their subpoena powers. She said many believed subpoenaing of reporters after the September 11 attacks would stop with the election of a new president. That didn’t happen. President Barack Obama and his justice department accessed the phone records of more reporters than any other president.

“You get more subpoenas during different times in history, [depending on]what’s going on in society. It hasn’t been too bad lately, but it goes in spurts,” Dalglish added. “And of course, we really have no idea what’s going to be going on in this new Trump administration.”

Many press freedom organizations support the proposed law, including the Society of Professional Journalists and Reporters Without Borders.

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