First Amendment Advocates Demand Senate Pass PRESS Act Before Trump Takes Office

Press freedom advocates on Friday called on the Senate to urgently pass a bipartisan bill aimed at protecting reporters from government overreach and spying before what one group called "an anti-press extremist obsessed with punishing journalists and news outlets who criticize him" takes office as the next president of the United States.

National civil liberties group Defending Rights & Dissent said Republican President-elect Donald Trump's hostility toward the press as well as the plans outlined in the right-wing agenda Project 2025 make it imperative for the Democratic-led Senate to pass the Protect Reporters from Exploitative State Spying (PRESS) Act.

The bill would shield reporters from surveillance aimed at finding out their sources.

"With many purportedly concerned about how Trump may impact our free press, it is unthinkable to allow a bill with as much bipartisan support as the PRESS Act to wither away and die," said Chip Gibbons, policy director for the group.

Project 2025, which was co-authored by at least 140 people who worked in the first Trump administration, calls to rescind the Department of Justice's current guidelines limiting when a journalist's communications records can be obtained by the federal government or when they can be compelled to testify.

"Trump has spent the last year on the campaign trail calling for more leak investigations, imprisoning journalists, and censoring news outlets he doesn't like."

"While administrations from both parties have made it the norm to use the Espionage Act to imprison whistleblowers, thus opening the door for surveillance of journalists," said Gibbons, "Project 2025 proposes undoing one of the only guardrails limiting this assault on democracy."

Trump has frequently expressed anger over journalists' coverage of him, and days before the election, he said he wouldn't "mind" if reporters at his rally were killed.

"Trump has spent the last year on the campaign trail calling for more leak investigations, imprisoning journalists, and censoring news outlets he doesn't like," said Trevor Timm, executive director of Freedom of the Press Foundation (FPF). "Lawmakers and President [Joe] Biden must act before it's too late."

On Friday, FPF director of advocacy Seth Stern wrote that investigative journalist Catherine Herridge would be protected from government surveillance if the PRESS Act, which was unanimously passed by the House earlier this year, were signed into law.

The federal appellate court for the D.C. Circuit is expected to hold a secret hearing on November 18 about whether Herridge can be fined $800 per day for refusing to comply with a judicial order to disclose her sources for a story about a university president's alleged ties to the Chinese military.

"If the court rules against Herridge, every potential government whistleblower in the nation's capital will think twice before talking to journalists in confidence. That means that in the second Trump administration, we'll all know less about government waste, corruption, and malfeasance," wrote Stern. "Congress could moot all of this by passing the PRESS Act, the federal shield bill that would protect journalist-source confidentiality."

Gibbons called on Senate leaders to "act now and pass this legislation before Trump can enact Project 2025’s plans to turn counter intelligence surveillance against U.S. journalists."