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Je Suis Charlie: Defending Freedom of Expression Depends on All of Us

When I heard about the attack on the offices of Charlie Hebdo I was speechless. I have been writing about press freedom and violence against journalists for half a decade, but in the wake of these killings words failed me.

Words did not fail others however.

Within an hour of hearing about the attack I saw the hashtag #JeSuisCharlie gaining traction online. A few hours after that, journalists in newsrooms around the globe began posting pictures of themselves holding Je Suis Charlie signs. And by that night people were in the streets from Paris to San Francisco chanting “Je Suis Charlie.” Continue reading

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Finding a Better Way to Track Journalist Arrests in the United States

I spent a large part of 2011 and 2012 compiling a day by day detailed report of journalists who had been arrested at Occupy protests. In each case, I tried to track down multiple sources for confirmation, sought to detail the circumstances and capture a bit of the story of how the arrest happen, and then from there track what happened to the journalist in the days and weeks afterwards. At the same time I launched a series of campaigns with Free Press, calling for cities across the United States to drop charges against journalists and defend First Amendment protections for journalists covering protests.

So when three journalists were arrested in Ferguson, Missouri, in the middle of August people began sending me tips. I was away from my computer and couldn’t track the breaking news as well as I would have liked, but thankfully as the week went on – and more reports of journalist arrests and press suppression poured in – others took up the charge and helped track these issues.

At the time of writing there are three lists tracking attacks on the press in and around Ferguson, Missouri. Each is taking a somewhat different approach and reports a different total number depending their definition of who is a journalist.

There is an important debate to be had here about who gets counted in these sorts of efforts, and who gets left out. I’ll save that debate for another post, but if you are interested I suggest reading this and this as a starting place.

After a year of tracking, I began to run up against the limitations of a tool like Storify for long-term on-going coverage. Even the lists above, with social media embedded in them, begin to get a bit long and unwieldy, after just a week or two.

Continue reading

Photo by Osvaldo Gago on Flickr.

Why the SCOTUS Cellphone Decision is a Win for Press Freedom

According to the Supreme Court, police need a warrant to search the cellphones of people they arrest. The unanimous decision, which was handed down this week, is being heralded as a major victory for privacy rights and a landmark case with implications far beyond cellphones.

The New York Times reports, “The ruling almost certainly also applies to searches of tablet and laptop computers, and its reasoning may apply to searches of homes and businesses and of information held by third parties like phone companies.”

Many of the most important debates surrounding press freedom and privacy right now focus on how our fundamental freedoms, so long expressed and protected in the physical world, will translate to the digital age. The decision this week is an important recognition that advances in our technology shouldn’t result in erosions of our liberty.

Right to Record

I know a number of reporters and citizen journalists whose cellphones have been searched, and who have even had footage or photos erased. In 2012 I was part of a team at Free Press who launched a campaign fighting for people’s right-to-record, a shorthand we used to talk about both people’s First and Fourth Amendment rights to use their cellphones to gather and disseminate news. In a letter to the Justice Department that year, a diverse range of press freedom and digital rights groups wrote, “The right to record is an essential component of our rights at a time when so many of those witnessing public protests carry networked, camera-ready devices such as smartphones.”

Not long after that letter, the Justice Department released a set of guidelines for police departments reasserting the right to record as a First Amendment protected activity. Those guidelines cited the case of Simon Glik, who was arrested for recording police activity with his cellphone. First circuit Judge Kermit Lipez ruled in Glik’s favor, highlighting how mobile phones have fundamentally changed news-gathering:

[C]hanges in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw… Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.

While this week’s decision focuses on the Fourth Amendment, not the First, it also has clear implications for freedom of the press. Continue reading

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Fighting for Access: New Report on the State of Media Credentialing Practices in the United States

At the end of May, fifteen leading journalism organizations signed on to a letter calling for SCOTUSblog to be granted press credentials to cover the Supreme Court. A month earlier, not only was SCOTUSblog’s application for credential’s denied, but the committee who oversees press passes refused to renew Lyle Denniston’s credentials, even though he is a veteran Supreme Court reporter who worked for WBUR and wrote for SCOTUSblog.

A new report from the Digital Media Law Project at Harvard University’s Berkman Center for Internet & Society and the Journalist’s Resource project at Harvard’s Shorenstein Center on Media, Politics and Public Policy puts the SCOTUSblog fight in a national perspective. What is happening to SCOTUSblog in Washington, DC, is happening to journalists around the country. As the landscape of news is changing, laws and guidelines that dictate who can get a press pass are causing problems and, at times, blocking access to important new journalism organizations and individuals.

In many cases, these challenges are arising in places where freelancers and new newsrooms are trying to cover old institutions, like courts and statehouses, places where journalistic capacity has been dwindling. Continue reading

Photo by Osvaldo Gago on Flickr.

The New Geography of Freedom: Mapping Our Rights On and Offline

This month the Committee to Protect Journalists released its annual analysis of Attacks on the Press, including a “Risk List” of the places where press freedom suffered most in 2013. As you might expect, conflict areas filled much of the list – Syria, Egypt, Turkey – but the place on the top of the list was not a country. It was cyberspace.

In the past, the list has focused on highlighting nations where freedom of the press are under attack, but this year CPJ wrote, “We chose to add the supranational platform of cyberspace to the list because of the profound erosion of freedom on the Internet, a critical sphere for journalists worldwide.” Including cyberspace is a recognition that, at least in terms of press freedom and freedom of expression, the web is not virtual reality, it is reality.

CPJ makes clear that the Internet is a contested terrain, a space of conflict, and very much at risk. While volumes have been written about the future of digital journalism, we have not yet fully mapped the geography of emerging threats that face journalism online. This is due in part to the pace of change in journalism and technology, which presents new opportunities and reveals new threats at every turn.

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Net Neutrality, Press Freedom and the Future of Journalism

Tuesday’s court decision, which struck down the FCC’s Open Internet Order and threatened the future of Net Neutrality, has huge implications for the future of journalism and press freedom.

According to the Pew Research Center, half of all Americans now cite the Internet as their “main source for national and international news.” For young people the number is 71%. While we are nowhere near stopping the presses or tearing down the broadcast towers, the Internet is increasing how we distribute and consume the news today.

The future of journalism is bound up in the future of the Internet. Continue reading

United We Stand. United We Encrypt.

At the end of October, as thousands of activists gathered in Washington, D.C., for the largest U.S. rally against domestic spying, the head of the National Security Agency sent a message to journalists reporting on surveillance and Edward Snowden’s revelations.

“I think it’s wrong that newspaper reporters have all these documents … and are selling them and giving them out,” NSA Director Gen. Keith Alexander told a Department of Defense blog. “We ought to come up with a way of stopping it.”

This statement mirrored comments from U.K. authorities who told Guardian Editor Alan Rusbridger, “You’ve had your debate. There’s no need to write any more.”

That message came just weeks before agents from the U.K. intelligence agency GCHQ came to theGuardian office and forced staff to destroy computers and hard drives that contained documents Snowden leaked.

Snowden’s leaks have exposed a largely secret and unaccountable surveillance state, ignited a new era of watchdog reporting on national security issues, and sparked protests in the streets.

Revelations about these surveillance programs have also highlighted an array of new threats and challenges to press freedom and basic newsgathering around the globe. We now know that all our communications are being collected, and increasingly are being used against journalists and their sources. Continue reading