Opinion and Commentary By Donna Westfall – November 11, 2024

Protect Reporters from Exploitative State Spying Act or the PRESS Act

This bill prohibits the federal government from compelling journalist and providers of telecommunication services (e.g., phone and internet companies) to disclose certain protected information, except in limited circumstances such as to prevent terrorism or imminent violence.

Specifically, the bill protects from disclosure any information identifying a source, as well as any records, contents of a communication, document, or information obtained or created by journalists in the course of their work.

Further, the bill protects specified third parties, such as telecommunications carriers or social media companies, from being compelled to provide testimony or any document consisting of a record, information, or other communication that is stored by the third party on behalf of a journalist.

The Act was introduced to the Senate on June 21, 2023 by Oregon’s Democratic Senator Wyden.

WHY?

Didn’t we already have these protections in place? Answer; not in every State. Wyden wants to see it cover every state.

Since Senator Wyden’s dad was a journalist fleeing the Nazi’s and came to this country, worked in our Army developing propaganda dropped on the Nazi’s, he instilled in his son the importance of a free press. Otherwise look at Russia, Saudi Arabia and Iran. Watch Sen. Wyden’s video of December 14, 2022 on YouTube.com, “Wyden Calls for Passage of PRESS Act to Protect Free Press.”

One of the most important quotes from his message, “Information became a tool of power, abuse and manipulation. That’s what governments do when they want to keep freedom from breaking out in their countries.”

And then Sen. Wyden started in on the Trump administration stating it spied on several journalists the disgraced ex-president disliked. Wyden did include that Trump’s administration was not the first to do this sort of thing. He included the Obama administration that went too far in prosecuting journalists.

So, it was time to do some research. Found this: From 1917 to 2009 only 1 person was convicted for leaking info to a news organization under the Espionage Act of 1917. That all changed when Obama took office. Even though he promised to protect whistleblowers while running for office, once in office his tune changed. Charges were brought against eight people including Edward Snowden.

In case you didn’t know or have forgotten, Snowden was a former National Security Agency intelligence contractor turned whistleblower. He leaked classified docs revealing the existence of global surveillance. Included was the findings that the US government was sharing phone records from Verizon of millions of Americans. Not just phone records. Also email and video. It’s one thing to spy on suspected terrorists, but it’s another thing to spy on almost everybody under the theory that they could turn into a terrorist.

What happened to Snowden? In 2013 he was charged and convicted of the theft of government property. He left the country anticipating this verdict. He applied for asylum in 21 countries but was denied. Ultimately, he landed in Russia. Ironic isn’t it. He’s been there for the past 11 years. Married to an American. Had a son. Working in IT in Russia.

Turning back to Sen. Wyden, he sounded elated when he said the House passed their bill unanimously which is almost unheard of.

Let’s now turn to our 1st Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Then let’s look at the California Shield Law found in Article 1, section 2(b) of the California Constitution and California Evidence Code section 1070:

Journalists do not have to disclose their sources which provides statutory and constitutional protections to journalists seeking to maintain source confidentiality.

Do I have a problem with any of this? Um……what about all the slander that was spewed about Trump during the election and his being compared to Hitler, being a fascist and on and on and on? Out of the mouths of seemingly intelligent people who are supposed to know something about history (meaning, Biden and Harris as well as news people that repeated it ad nauseam.} I’m not surprised to hear something like that from the idiots on The View but it is terribly dismaying to hear it from people running a campaign based on lies.

However, I don’t believe Trump will be taking them to court and asking them to divulge their sources.

It’s just disgusting to me to that so called news rooms and newspapers can get away with reporting that does not dignify the profession. I do not feel badly about those “news” sources going under, should they go under. Maybe they’ll have a change of heart and attract better reporters or change their policies.

It was in this morning’s email from the Society of Professional Journalist (SPJ, of which I am a member), that they pointed out the PRESS act S 2074 and wanting support to see that it is passed in the next few months.

“Rest assured that SPJ is ready to work with the incoming administration to ensure journalists can gather the news and share it with the American public — as our founding fathers intended — without fear of persecution. And that they are “committed to defending those who work tirelessly every day to keep citizens informed.” They even have a legal defense fund for journalists.

I do believe the Press Act S 2074 will be passed.