By now, President-elect Donald Trump’s cries of “fake news” have become far too commonplace in a nation that once prided itself as a bastion of free speech and transparency in government. During rallies that ultimately led to his reelection, Trump frequently stopped mid-speech in an obvious attempt at intimidation to instruct his crowds to turn and face the assembled press corps while calling journalists “enemies of the people.”
In Pennsylvania, shortly before the Nov. 5 election, Trump referenced an earlier assassination attempt on him, then told the crowd there that “to get me, somebody would have to shoot through the fake news. And I don’t mind that so much. I don’t mind.”
This is dangerous talk, having the former and soon-to-be-again president condoning violence, even if facetiously, against anyone in his periphery, media members or not. It’s just irresponsible behavior and not at all suitable or acceptable for a political leader of any stature, never mind the U.S. president.
It’s not easy to maintain a free press, particularly in government settings.
It requires permitting access to public records, as well as access to elected officials, their staffs, and official records. It also requires government from city halls and county commissions to state legislatures to the White House itself, and – this apparently is the tough part for some politicians to accept – to rely on news organizations and their agents to report honestly and fairly, even when exposing controversial, questionable, immoral, or downright illegal behavior. And sometimes, too, working for the good of the people, for the responsibility to report the news – good or bad – as truthfully and accurately as possible, reporting may require the use of whistleblowers, people on the inside of corrupt organizations or working under dishonest or even criminal bosses, who feel compelled to share their knowledge and/or data but require guaranteed anonymity to do so. This literally can involve life-or-death seriousness in certain cases.
So, it takes a willingness from each level of government to live up to standards spelled out by no less than the First Amendment of The U.S. Constitution, which explicitly states: “Congress shall make no law respecting anestablishment of religion, or prohibiting thefree 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.”
However, even before reassuming the presidency, Trump is advocating for abridging the freedom of the press to pursue stories beyond the threat of legal repercussions from the federal government.
With Wyoming the lone exception, 49 of the 50 states have laws protecting journalists from being forced by state government entities to reveal confidential sources or have their phone or computer records searched.
On June 21, 2023, Republican Congressman Kevin Kiley of California’s District 3 introduced the Protect Reporters From Exploitative State Spying (PRESS) Act to establish similar protections for journalists at the federal level (congress. gov/bill/118th-congress/ house-bill/4250).
Essentially, the PRESS Act would prohibit the federal government from issuing any subpoenas, search warrants, or other mandatory actions compelling journalists to reveal identifying information of confidential sources or other newsgathering records, except in very limited circumstances, such as a terrorist threat against the U.S. or “to prevent a threat of imminent violence, significant bodily harm, or death, including specified offenses against a minor.”
It also would greatly restrict the federal government from attempting similar actions against third parties such as email providers and search engines related to journalists and media organizations, again with limited exceptions.
The PRESS Act passed through the House of Representatives on Jan. 18, 2024, with widespread bipartisan support; however, despite bipartisan support in the Senate, too, it has languished within the Senate Judiciary Committee throughout the year.
Now, with Trump poised to resume the presidency in January 2025, the pressure is on to get the PRESS Act signed and in place before that happens.
However, the president- elect has made his thoughts on the matter very clear. Shortly after Jodie Ginsberg, CEO of the Committee to Protect Journalists, said in a recent PBS NewsHour interview that the Senate must pass the legislation as soon as possible, Trump was online shortly after Tweeting (or X-ing, or whatever it’s called these days): “REPUBLICANS MUST KILL THIS BILL!”
It makes one wonder why Trump is shouting this from his online rooftop?
Why is it so bad to protect journalists and their sources working to expose corporate corruption, governmental overreach, or abuse of the system from government spying and repercussions?
Now, some may question what this has to do with a newspaper like The Eatonton Messenger?
Truthfully? Probably not much, at least not directly.
We are not likely to soon be deeply ingrained in a federal scandal on any level.
However, taking away journalistic protection by the feds is not good for anyone. Not the national press, not local TV or print outlets, not local government, not businesses, not Republicans, not Democrats, not you, not me. We all deserve a free press, just as the founding fathers insisted upon. The president- elect thinks otherwise. He’s wrong.