First Amendment News

The Justice Department’s guidelines released early in February limit prosecutors in seeking reporters’ records. They may only subpoena records in certain circumstances particularly if the journalist is the subject of an investigation, if information is need to prevent a serious crime and if the information is public or the journalist agrees to the disclosure of the information. (CNN, February 14, 2024, by Hannah Rabinowitz) For related FAC coverage, click here, here and here.

After failing in his bid for the Republican presidential nomination, Florida Governor Ron DeSantis is still complaining that the conservative media failed to hold Donald Trump accountable, in particular, for Trump’s failure to pass any significant legislation during his presidency. (The New York Times, February 21, 2024, by Shane Goldmacher) In a video conference with 200 of his backers, DeSantis reiterated his earlier criticism of the media made during his campaign, “I mean, he said

The 9th Circuit U.S. Court of Appeals denied an en banc request to rehear a case contesting California’s law restricting an ad for firearms that “reasonably appears to be attractive to minors.” (Reason, February 20, 2024, by Eugene Volokh) No judge asked for a rehearing on September 9th Circuit ruling that affirmed the gun rights groups’ argument that the law restricting the marketing of guns to minors was overly broad and content-based and thus a

Investigating neo-Nazi group 2119 for attacking Jews, Blacks, LGBTQ+ people demonstrated the perils of reporting on violent groups for reporter Jordan Green. Green received the expected online harassment and death threats but also a visit to his home of six white supremacists holding traffic flares and making Nazi salutes. A sign warned him of “consequences.” (Raw Story, February 20. 2024, by Jordan Green) Another sign read “Freedom of press does not equal freedom from consequences.”

In her new book Margot Susca reports that private equity purchase of chains like Gannett, GateHouse, and Lee Enterprises means that their newspapers purpose is to make money rather than to serve democracy. Jack Shafer, Politico, February 18, 2024, paraphrases Susca, “Some papers have been reduced to zombie versions of their former selves as the new owners have shaved them down to minimize costs, depriving readers of the comprehensive coverage they enjoyed in the golden