Freedom of the Press

The National Press Club condemns the terrorist attack on Peshawar's Press Club

Dec. 23, 2009

A suicide bomber on Tuesday detonated explosives at the gates of the Club, killing a guard, the Club's accountant and a bystander and wounding at least 20 others. The Club in this northwest Paskistan city had received a series of threats in the month leading up to the suicide attack.

"The targeting of journalists who strive merely to report the truth to the public is unacceptable," National Press Club President Donna Leinwand says. "We grieve along with Pakistani journalists for the lives lost. We know that our colleagues in Pakistan will continue to uphold the best principles of our profession even in the face of threats and violence. We commend them for their commitment to journalism."

National Press Club decries embedding censorship

Oct. 16, 2009

WASHINGTON, Oct. 16 – The U.S. military’s decision to bar embedded reporters in Afghanistan from publishing photographs of U.S. military personnel injured or killed in action hampers journalists' ability to independently report the war and the public's right to know.

"The U.S. military should not determine what is and is not news," National Press Club President Donna Leinwand said. "Censoring journalists who cover war and permitting only government-approved news and photographs undermines our country's fundamental commitment to a free and independent press."

The policy applies to Regional Command East, which distributes press badges to reporters in Afghanistan. Initially, the policy barred media from even photographing or recording video of U.S. personnel killed in action. A policy modification announced Wednesday says journalists may view, photograph and videotape casualties, but may not publish the images.

In a democracy, the news media serve a critical watchdog role on the three branches of government. When government seeks to control the media, it weakens that independence and devalues the information released to the press and the public.

This move is particularly disappointing in light of President Obama’s pledge to foster transparency in his administration.

NPC Urges Venezuela to End Restrictions on Free Press

Aug. 6, 2009

The National Press Club is distressed by the Venezuelan government's recent actions to intimidate and bully the country's media.

The government of Venezuela has taken a series of steps since July 31 that threaten to destroy press freedom. On July 31, the government revoked licenses for more than 30 private radio stations and a Venezuelan minister has said more than 200 other stations are under investigation. Venezuela's attorney general recently proposed a "Special Law Against Media Crimes" that would punish journalists who present a "false perception" or "cause a panic". Venezuela's journalist association says the law will "criminalize journalism."

"These actions are designed to sow fear among journalists whose reporting challenges or criticizes the government," National Press Club President Donna Leinwand said. "If the government persists, it will erode free expression. We call on the government of Venezuela to allow media organizations to operate unfettered."

NPC Statement on the Return of American Journalists Laura Ling and Euna Lee

Aug. 5, 2009

The National Press Club applauds the release and pardon of American journalists Laura Ling and Euna Lee, who arrived in California on Wednesday. The journalists had been held by North Korea since March 17 for allegedly perpetrating "hostile acts" for entering the country while reporting on North Korean refugees living in China.

The journalists, of San Francisco-based Current TV, had been sentenced to 12 years working in North Korean labor camps but were pardoned by North Korean president Kim Jong Il during negotiations with former President Bill Clinton Tuesday.

"We condemn the government of North Korea for using these journalists as diplomatic pawns," National Press Club President Donna Leinwand said Wednesday. "This horrible ordeal reminds us of the fragility of press freedom around the world. We must continue to encourage governments to protect journalists and allow them the freedom to gather facts and write the truth."

Two American Journalists Held in North Korea

The National Press Club supports efforts to release two American journalists held in North Korea. Reporters Without Borders and the International Women's Media Foundation have sponsored the following petition:

Petition for the unconditional release of two American journalists

"Laura Ling and Euna Lee were taken into custody on the Chinese-North Korean border while reporting on the fate of North Korean refugees, and, more specifically, on the practice of trafficking in women. Pyongyang authorities have no reason to hold them or to accuse them of illegal activities. They should be freed at once," the two organizations urged.

Sign the petition on our website (http://www.rsf.org/article.php3?id_article=30691) and on the International Women's Media Foundation's website (www.iwmf.org) On March 27, 2009, Reporters Without Borders and the International Women's Media Foundation launched a petition on behalf of Laura Ling and Euna Lee. The two reporters are currently being held in Pyongyang by the authorities, who have accused them of being spies who entered North Korea illegally. The North Korean government has allegedly affirmed that they were being well-treated, though independent sources have been unable to confirm it.

According to information gathered by Reporters Without Borders in South Korea and on the Chinese border, the two journalists, their cameraman, Mitch Koss, and their Chinese guide, were on a reporting assignment for media outlet Current TV. At this moment, it is impossible to say whether they actually crossed the border and were heading for North Korea.

During a meeting with a Reporters Without Borders delegation, former South Korean president Kim Dae Jung stated on March 26 that he was certain "North Korean authorities would soon release the two U.S. journalists."

Mitch Koss, Current TV's American cameraman, was allowed to leave China after Chinese authorities had held him for several days. He was with Euna Lee and Laura Ling at the time of their arrest on March 17, but managed to escape from the North Korean border guards. Their guide—a Chinese citizen of North Korean origin, is apparently still being held by the Chinese police.

The two women were supposedly transferred to Pyongyang on March 18.

National Press Club Deplores Killing of Journalists

WASHINGTON – National Press Club President Sylvia Smith issued a statement on Friday on the news that three journalists have died violent deaths in recent days.

"The National Press Club deplores the slaying of journalists killed in the pursuit of a story," she said.

"We must stand firmly against violence that would seek to inhibit a free press."

Armando Rodriguez, a crime reporter for the Mexican newspaper El Diario de Juarez, was shot Nov. 11 as he prepared to take his daughter to school.

The National Association of Hispanic Journalists said the killing was "part of the growing wave of terror by those who wish to silence the truth."

Reporters Without Borders urged Pakistani authorities to investigate why journalist Qari Muhammad Shoaib was shot and killed in his car by the military earlier in November. The military said Shoaib ignored their orders to stop, but Reporters Without Borders said other journalists said the shots were fired deliberately.

Abdul Aziz of the newspaper Azadi was killed in a Pakistani bombing in August after being kidnapped by the Taliban.

"These are human tragedies," Smith said, "but they also are a threat to journalists everywhere."

The National Press Club is the world's leading professional organization for journalists and is an advocate for a free press and First Amendment principles. Founded in 1908, the Club has more than 3,500 members worldwide representing most major news organizations.

National Press Club salutes release of AP photographer

WASHINGTON – Sylvia Smith, president of the National Press Club, saluted the announcement Monday that the U.S. military will release AP photographer Bilal Hussein this week after more than two years in custody in Iraq.

"Journalists who risk their lives to report in dangerous areas of the world, particularly war zones, are the bravest members of our profession. Democracy can’t function without accurate information about the actions of the government," she said.

"On behalf of the 3,700 members of the National Press Club, I commend the U.S. military for agreeing to release Hussein," she said.

Hussein has been in custody for more than two years. Last week a judicial committee in Baghdad ordered his release, and on Sunday a panel dismissed the remaining criminal allegation against him and ordered his release.

Hussein was accused of having improper contact with insurgents who had killed an Italian citizen. He repeatedly insisted he was performing the work of a journalist in a war zone. His employer, The Associated Press, has said that a review of Hussein's work and contacts found no evidence of any activities beyond the normal role of a news photographer.

The National Press Club is a membership organization dedicated to promoting excellence in journalism and protecting the First Amendment guarantees of freedom of speech and of press. Founded in 1908, it is the nation's largest journalism association, and its 3,700 members span the globe.

National Press Club Celebrates Dismissal of Charges Against AP Photographer

April 9, 2008

WASHINGTON – The National Press Club joined other journalism organizations Wednesday in celebrating the dismissal of terrorism-related allegations against an Associated Press photographer.

A judicial committee in Baghdad ordered the release of Bilal Hussein nearly two years after he was detained by the U.S. military.

"This is a long-overdue decision," said Sylvia Smith, president of the National Press Club. "The next step is to free him."

"Bilal is not a member of the National Press Club, but he is a brother journalist," Smith said. "When the freedoms of any journalist are curtailed, all of us are diminished.

The Associated Press, Hussein's employer, said a review of his work and contacts found no evidence of any activities beyond the normal role of a news photographer. Hussein was a member of an AP team that won a Pulitzer Prize for photography in 2005.

A four-judge panel said Hussein's case is covered by a new amnesty law. It ordered Iraqi courts to stop any legal proceedings.

The AP reported that the amnesty committee -- or any Iraqi institution -- cannot force the U.S. military to release or turn over any of the estimated 23,000 detainees it holds in Iraq. But a provision in the amnesty law states that the Iraqi government "is committed to take the necessary measures to move the arrested people" from U.S. control.

National Press Club Protests Jailing of N.Y. Times Reporter

WASHINGTON, Aug. 4 - The National Press Club today protested the jailing of several journalists in Zimbabwe, including New York Times correspondent Barry Bearak, who was covering the presidential election there.

"The National Press Club is outraged that police in Zimbabwe have detained these journalists,'' said Sylvia Smith, the Club's president.

"Bearak was doing his job covering the elections in that country. It is unacceptable he was imprisoned for that."

Bearak, 58, who won the Pulitzer Prize in 2002 for his reporting from Afghanistan for the Times, and four other journalists were arrested yesterday at a guest house in Harare, Zimbabwe, according to press reports.

Voting last week left President Robert Mugabe facing a Parliament controlled by the opposition party. Mugabe forces raided the party offices and detained the journalists. Bearak and another reporter may have been charged with practicing journalism without accreditation, according to news reports.

"Any credentialing issue should be addressed without detaining the reporter," Smith said. ``The detention has the appearance of a retribution for his coverage. By jailing these reporters without cause, the government of Zimbabwe is sending a message to the world that it opposes basic press freedoms."

Bearak is a veteran newspaper reporter who worked for the Miami Herald and the Los Angeles Times before joining the New York Times.

National Press Club Objects to Judge's Order in Press Freedom Case

The National Press Club has joined 18 news organizations and 14 professional and trade organizations in an amicus curiae brief filed in support of former reporter Toni Locy's appeal from a contempt of court order.

U.S. District Court Judge Reggie Walton ordered Locy to pay fines of up to $5,000 a day for her refusal to identify all of the confidential sources that she used while reporting about terrorism-related stories. Walton's order also prohibits Locy from receiving assistance in paying those fines from any outside source, including her former employer, USA Today.

Locy has said that she no longer has notes from her reports and that she cannot recall who gave her the information.

The amicus brief argues that the U.S. Court of Appeals for the D.C. Circuit's long-recognized constitutional reporter's privilege should protect Locy from forced disclosure of her sources.

If Walton's order stands, said Sylvia Smith, president of the National Press Club, "it will have a chilling effect not only on those currently in our profession but also on aspiring newspaper reporters such as those Locy teaches at West Virginia University."

"If confidential news sources fear that reporters can be coerced into divulging their sources' names, then news sources will start to dry up. That will reduce the flow of news and ultimately weaken our democracy," she said.

"No one will ever agree with everything newspapers print," Smith said. "But we encourage all those involved in the case to recall the words of Thomas Jefferson: 'Were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.'"

Locy was found in contempt after she did not cooperate with former Army scientist Steven Hatfill in a civil Privacy Act lawsuit he filed against the government. Hatfill, who was named as a "person of interest" in the federal government's investigation into the anthrax mailings that killed five people, contends that FBI and Justice Department officials violated federal privacy laws by releasing information about their investigation to Locy and other journalists.

The amicus brief contends that the public's interest in protecting a reporter's sources and maintaining the free flow of information far outweighs any private benefit that Hatfill might enjoy by identifying Locy's full slate of terrorism-related sources.

Oral arguments on the appeal will be May 9.

The National Press Club is a membership organization dedicated to promoting excellence in journalism and protecting the First Amendment guarantees of freedom of speech and of press. Founded in 1908. it is the nation's largest journalism association, and its 3,700 members span the globe.

National Press Club Deplores Court Order To Compel Source's Identity

WASHINGTON -- The National Press Club joins other journalism organizations in expressing concern about a decision to hold a newspaper reporter in contempt of court for failing to disclose her news sources.

Former USA Today reporter Toni Locy is being held in contempt of court by U.S. District Judge Reggie Walton for failing to reveal her sources for stories she wrote about the federal government's investigation of former Army scientist Steven J. Hatfill's potential connection to the 2001 anthrax attacks. Hatfill is suing the government.

Locy will be fined $500 a day for seven days, $1,000 a day for the following seven days, and $5,000 a day for the seven days after that.

"We believe it will have a chilling effect not only on those currently in our profession but also on aspiring newspaper reporters such as those Locy teaches at West Virginia University," said NPC President Sylvia Smith.

"If confidential news sources fear that reporters can be coerced into divulging their sources' names, then news sources will start to dry up. That will reduce the flow of news and ultimately weaken our democracy," she said.

"No one will ever agree with everything newspapers print," Smith said. "But we encourage all those involved in the case to recall the words of Thomas Jefferson: 'Were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.'"

NPC Lauds Passage of OPEN Government Act

WASHINGTON (Dec. 19, 2007) -- National President Press Club President Jerry Zremski today joined leaders of other journalistic organizations in lauding congressional approval of bipartisan reform of the Freedom of Information Act.

"We are pleased to join our colleagues in other news outlets and organizations in expressing our happiness over passage of the OPEN Government Act by the Senate and House," Zremski said. "We hope that the legislation quickly becomes the law of the land."

Zremski said the bill marks a great step forward in ensuring people's right to know what their government is doing, particularly in this election season.

"Our participatory democracy thrives on an informed electorate," Zremski said. "As journalists, it's incumbent on us to do everything we can to shine a light on what the federal government is doing. One of the tools for this is the Freedom of Information Act, which will be much more usable under this legislation."

This FOIA reform legislation makes great strides in ensuring the access journalists need in their role as watchdogs for the public interest, as well as in protecting the public's right to obtain that information independently, Zremski added.

The House of Representatives passed the legislation Tuesday, after Senate passage last Friday.

NPC Hails House Approval of Shield Bill

WASHINGTON (Oct. 16) -- National Press Club President Jerry Zremski today lauded the House passage of the Free Flow of Information Act of 2007 (H.R. 2102).

The measure, which passed on a 398 to 21 vote, was backed by more than 50 media companies and organizations, including the National Press Club.

"We are thrilled that the House today passed the Free Flow of Information Act," Zremski said. "This is the most concrete step yet toward giving journalists and their sources the legal protection they need to tell important stories that the public needs to know. Without a federal shield law, journalists and their sources are increasingly at risk from overzealous prosecutors -- meaning would-be government whistleblowers may be increasingly wary of working with journalists to expose wrongdoing. A federal shield law will go a long way toward correcting that imbalance, thereby making it far more likely that journalists will be able to tell stories that hold government accountable for its actions."

The bill would ensure that reporters don't face federal prosecution for refusing to identify confidential sources except in special circumstances.

Thirty-three states and the District of Columbia offer some degree of shield law protection, while an additional 16 have seen judicial decisions supporting the safeguarding of confidential sources. At the federal level, however, there is currently no shield law protection, as evidenced by a wave of federal subpoenas that have threatened to (and in some cases actually have) put reporters behind bars.

NPC Adds Voice to Concerns About Access to Government Documents in Europe

The National Press Club has joined groups across the world in urging the Council of Europe to ensure that the European Convention on Access to Official Documents, currently being drafted, provides adequate access and protections of that right.

The letter to which NPC added its signature, notes, in part, "We are gravely concerned that if adopted as it stands, the European Convention on Access to Official Documents will legitimize legislation which lacks important safeguards that are currently found in many domestic access to information laws."

Specifically, the most serious concerns are that the draft fails "to include all official documents held by legislative bodies and judicial authorities," does not "include official documents held by natural and legal persons as they perform public functions," and the draft does not "specify certain basic categories of official documents, such as those containing financial or procurement information, that must be published proactively."

More information about the Convention, including a copy of the letter, can be found online at the Access Info Web site, http://www.access-info.org. Individuals as well as groups or companies are welcome to add their signatures to the letter.

NPC fights for open court records

WASHINGTON (Aug. 2) -- The National Press Club has signed onto a letter in which journalism groups protest the American Bar Association's proposed recommendations for limiting public access to court records.

"The ABA's Commission on Effective Criminal Sanctions is essentially suggesting shutting off access to court records when there is no conviction in a criminal case, and that would be an outrageous limit on press freedom," said Jerry Zremski, the NPC's president. "I'm proud to join this effort to try to stop the ABA's House of Delegates from recommending these measures."

The Coalition of Journalists for Open Government, the Reporters Committee for Freedom of the Press and Criminal Justice Journalists all signed the letter, the text of which is below.

August 2, 2007

Laurel G. Bellows, Esq.
Chair, House of Delegates
American Bar Association
321 North Clark Street
Chicago, IL 60610

Dear Ms. Bellows:

We write on behalf of the Coalition of Journalists for Open Government and its undersigned member organizations in opposition to the recommendations to the House of Delegates of the ABA Commission on Effective Criminal Sanctions, which are on the calendar for your August 2007 sessions in San Francisco.

We opposed an earlier version of this report and were pleased when it was withdrawn. We are dismayed that a proposal even more deleterious to the public's right to know and to transparency in our justice system is now pending before the House of Delegates.

We make clear at the outset that we take no position on other aspects of the commission's work to encourage prisoner re-entry into society. That is a worthy goal that has been covered by many of our our members in news stories and supported in editorials.

We believe the recommendation that criminal case records be automatically sealed when there is no conviction is radical and ill-considered, and will do serious damage to the public's confidence in the judicial system. We believe the proposal to allow subsequent sealing of conviction records opens the door to special interest pleadings and another assault on the integrity of the system.

Last winter, our coalition and the Reporters Committee for Freedom of the Press outlined in some detail why we opposed the commission's earlier proposal. We stand by those criticisms and here state our broader concerns about the new version.

The commission's commentary that its proposal should be considered valid "to the extent permitted by the First Amendment" is disingenuous. What is being suggested takes away the presumption of openness that has guided our courts for more than 200 years. Our government of the people does not permit a "star chamber" system. The proposal should be rejected on constitutional grounds alone.

Moreover, the commission has cited no body of law to support its recommendation. The fact that two state court decisions have supported sealing records in individual cases with no consideration of the constitutional issues involved does not provide justification; nor does the fact that some states have provided for the expungement of certain records in minor cases.

The commission's proposal calls for automatically closing records in which charges are dismissed. The reasoning behind this appears to assume a flawless justice system that never errs in its case dispositions. But just as we know that many innocent people have been convicted and sent to prison, we know that many guilty people have avoided trial or have not been convicted. How, then, can the ABA even suggest that arrest and trial information of those not convicted be denied a concerned public?

Under this proposal, the public, and the press as its surrogate, could review and judge for itself only by gathering all relevant information on all criminal charges before trial and then being present at every trial, an obvious impossibility. No ex post facto review or investigation by a concerned public, by the media, by advocacy groups, or by academics would be possible. A significant portion of the criminal justice system – the records most likely to reflect its failures – would be closed to all but the established law enforcement system, which may have been complicit in those failures.

The unintended consequences of the proposal would be a significant unfairness, and quite possibly abuse of the system by today's information entrepreneurs. The sealing of records would serve to shield those not convicted only if their arrest or court proceedings have not already been publicly reported in some manner. It would not protect those individuals whose arrests and trials had been reported. Their names and records would be just a Google search away, without ready access to exculpatory information.

Adding to the inequities, we can imagine this leading to an expansion of the data-mining industry in gathering and selling the records of arrests and initial court filings. This would result in the information that this proposal would deny the average citizen being available at a price to corporations and others who could afford to pay. What would then be public-for-a-price is the same black spot but with no access to the public record that shows why or how the mark was expunged. We believe this is likely to result in far greater injustices and abuse of information than anything the proposal's sponsors might point to or envision under the current system of transparency.

There is an even greater reason for concern: the integrity of our justice system. We have come to believe in the rule of law because we have been able to see it operate, warts and all. Deny the public, and its surrogate, the press, access to a significant portion of the justice system and its accountability and subsequent public confidence will be lost. This proposed closure of all records of proceedings when there was not a finding of guilt is an open invitation to corruption. As the Reporters Committee previously noted earlier this year, put into action, this proposal would "eliminate the ability of the public and press to act as watchdogs of the criminal justice system."

The second provision, calling for the subsequent sealing of conviction information, is simply naïve, and can only do more harm than good. Here again, reports and other information already in the public domain remain there, a few clicks away. The public would then have access only to limited, rather than complete, information about the process that found an individual innocent. Moreover, those most likely to avail themselves of this records purge forward are most likely to be those who can afford representation. And here, too, the basic information about arrest and conviction are still certain to be available at data mines.

The inevitable consequence of both of these provisions is that the public loses. It loses access to information it on occasion needs. It loses an open court system and with it confidence in a critical branch of government.

This proposal would turn on its head more than two centuries of confidence building in and support for our court system and the rule of law. It would take away the public's right to know about and to examine the full operation of its courts, effectively burying information about vast numbers of criminal cases in the United States.

In addition, the commission's plan would create an unwieldy, multi-tiered information system in which details of charges could be reported by the news media and obtained by individual citizens while pending, but that same information could be disclosed subsequently only if there is a conviction, and then might later be sealed.

As this coalition told the House of Delegates last winter, "Closing these records could have the effect of shielding those inside the criminal justice system who want to avoid being held accountable for actions they take on behalf of the public."

We believe the proposal before the House of Delegates is a major first step toward destroying the public's confidence in the judicial system. We urge you to reject this well-intended but badly flawed proposal of the Commission on Effective Criminal Sanctions and to focus on other means to bring about improvements to the nation's prisoner re-entry apparatus.

Pete Weitzel for
The Coalition of Journalists for Open Government
Reporters Committee for Freedom of the Press
Criminal Justice Journalists

NPC praises reporter protection law

WASHINGTON (Aug. 1) -- National Press Club President Jerry Zremski today lauded the House Judiciary Committee's passage of the Free Flow of Information Act, the so-called "shield law" aimed at protecting journalists and their confidential sources.

"The Free Flow of Information Act, as well as similar legislation in the Senate, offers journalists the protection they have earned under the First Amendment to engage in the reporting that ensures the American public continues to enjoy its right to know so elegantly etched into our Constitution," Zremski said. The National Press Club is part of a coalition of more than 40 media companies and organizations who have been working for federal protection of journalists' confidential sources. Zremski said passage of the law is essential.

"The intimidation is real. This is no hypothetical. Journalists are going to jail. Some news organizations are have very real and legitimate concerns about becoming federal prosecutors' de facto investigative units by the compelled disclosure of confidential sources," Zremski said.

While 33 states and the District of Columbia offer some degree of shield law protection and an additional 17 have seen court decisions safeguarding the identity of confidential news sources, there currently is no such protection at the federal level. As a result, several reporters have been subpoenaed in recent years, and some who have refused to reveal their sources have served jail time.

NPC calls attention to shield law hearing

WASHINGTON (June 12) -- On Thursday, June 14, the House Judiciary Committee will hold a hearing on the federal reporter-source shield law (H.R. 2102, the Free Flow of Information Act of 2007) sponsored by Rep. Mike Pence (R-Ind.). Scheduled to testify are New York Times columnist William Safire, media attorney Lee Levine of Levine, Sullivan, Koch & Schulz, former Assistant U.S. Attorney Randall D. Eliason, now with the George Washington School of Law, and a representative from the Justice Department.

The hearing is scheduled for 10 a.m. in room 2141 of the Rayburn House Office Building, Washington.

In advance of the hearing, NPC President Jerry Zremski encouraged editorial page editors and bloggers to re-examine this bill.

"We are as close as we've ever come to having a federal shield law, providing legal protection for the confidentiality of our sources," Zremski said. "With so many reporters facing subpoenas and even prison for bringing truthful information to the public, this hearing is a great opportunity to revisit the importance of this bill in editorials, blogs and, where appropriate, news coverage of the hearing."

Members urged to support BBC journalist Alan Johnston

WASHINGTON (June 6) - National Press Club President Jerry Zremski today urged Club members to sign an online petition calling for the release of BBC journalist Alan Johnston, who was seized on the Gaza Strip on March 12 and has not been seen since.

The online petition can be found here.

"Alan Johnston is a journalist of great courage who lived in Gaza for three years, telling the story of the Palestinian people," Zremski said. "I am hoping our members will show their support for him by joining the thousands who have already signed this petition." The petition states:

We, the undersigned, demand the immediate release of BBC Gaza correspondent Alan Johnston. We ask that everyone with influence on this situation increase their efforts to ensure that Alan is freed quickly and unharmed.

"Alan is a friend of Gaza," said Andrew Steele, the BBC's Washington bureau chief. "No one in the West knows it better. The people who are holding Alan are gaining nothing."

FOIA Letter to Senators Reid and McConnell

The Honorable Harry Reid
Majority Leader
United States Senate
S-221
Washington, DC 20510

The Honorable Mitch McConnell
Minority Leader
United States Senate
S-230
Washington, DC 20510

May 22, 2007

Dear Senator Reid and Senator McConnell:

Please add the voice of the National Press Club to those who have already expressed so well their support for S. 849, the Openness Promotes Effectiveness in our National Government Act, known as the OPEN Government Act. We respectfully urge the Senate to act quickly on passage of this important, bipartisan reform to the Freedom of Information Act. A similar measure has already passed the House by a 308-117 vote.

The Freedom of Information Act, or FOIA, is a vital tool to ensuring the public's access to its government. The law, however, has not kept pace with the times; S. 849 would be the first revision to the 40-year-old FOIA in more than a decade. Unfortunately, as reported in studies by the Coalition of Journalists for Open Government, FOIA response backlogs are increasing and requestors are waiting longer than ever for information.

The series of reforms proposed in the OPEN Government Act would substantially help improve this process. Among the benefits would be tracking numbers enabling requestors to check their progress online, increased accountability - and consequences where appropriate - for FOIA actions, and the creation of an ombudsman to assist requestors in the FOIA process.

Our democracy is built on the public's involvement in its government. The Freedom of Information Act is one tool by which all people - not just journalists - can exercise their responsibility to engage in this process. As such, the National Press Club encourages passage of much-needed reform in the form of S. 849, the OPEN Government Act.

Sincerely

John M. Donnelly
Vice President, National Press Club, Washington, DC
Board Liaison, NPC Freedom of the Press Committee

cc: The Honorable Patrick Leahy
The Honorable Arlen Specter

NPC Sends Letter of Concern to Putin

WASHINGTON (May 14, 2007) - The National Press Club has sent a letter to Russian President Vladimir Putin expressing the Club's concern about press freedom in Russia. The text of the letter follows:

Dear President Putin:

News of the death of Boris Yeltsin, the first popularly elected president of post-Soviet Russia, called to mind the great sense of optimism that surrounded his ascent in the wake of changes initiated under Mikhail Gorbachev. Many people in your nation and around the world hailed the prospect of a free and democratic Russia, and harbored hope that the fruits of liberty might nourish the hopes and aspirations of its people.

A similar optimism continued when you ascended to the presidency, but now we at the National Press Club are troubled by recent developments in Russia. We believe that a free and energetic community of journalists is essential to any country aspiring to greatness, yet there are signs that press freedom in Russia is under serious threat. The Russian News Service has been forbidden to mention of the names of opposition politicians, and that is clearly inconsistent with a free press. And reports that police beat protesters at recent political demonstrations in Moscow and St. Petersburg are all the more troubling for evidence that those attacked and detained included journalists who attended to report on the events for the Russian people.

But what worries us the most is the fact that, according to the Committee to Protect Journalists, 13 working journalists have been slain in Russia since March 2000. Most notable among these cases is that of Anna Politkovskaya, whose brave reports on Russia's leadership and the war against Chechnya were models for the kind of service journalists must provide to hold their governments accountable.

We, as colleagues of Anna's, want you to know that the world community of journalists is watching events in Russia with grave concern. We ask that you and the Russian law enforcement authorities take seriously these crimes against working journalists, because the aggressive investigation and prosecution of these cases will keep Russian journalists safer and Russia freer.

Sincerely,

Jerry Zremski
President
The National Press Club

Federal Shield Law

WASHINGTON (May 2, 2007) -- The National Press Club today joined more than 40 journalism organizations and media companies in endorsing a federal shield law that was introduced today in the House of Representatives.

"As we mark World Press Freedom Day on Thursday, introduction of a federal shield law could not be more timely," said NPC President Jerry Zremski. "Reporters around the globe are constantly jailed or threatened with jail for their work. That this should happen in the United States is deplorable, yet with disturbing frequency we're seeing reporters subpoenaed and imprisoned for refusing to reveal confidential sources. A federal shield law will go a long way toward protecting those who report the stories the public has a right and a need to know."

Reps. Rick Boucher (D-Va.), John Conyers (D-Mich.), Mike Pence (R-Ind.), Howard Coble (R-N.C.), Greg Walden (R-Ore.) and John Yarmuth (D-Ky.) introduced the legislation. Sens. Richard Lugar (R-Ind.), Christopher Dodd (D-Conn.), Lindsey Graham (R-S.C.), Mary Landrieu (D-La.), and Pete Domenici (R-N.M.) will introduce an identical bill in the Senate.

The bill would:

- Provide journalists with a qualified, but not absolute, privilege regarding their sources and the information gleaned from them. Journalists would have to testify only if a court found that "the non-disclosure of the information would be contrary to the public interest, after taking into account the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information."

- Establish that a journalist would be forced to reveal a confidential source's identity only if disclosure is necessary to prevent "imminent and actual harm" to national security, to prevent "imminent death or significant bodily harm," or to reveal the name of a person who has violated other laws by disclosing trade secrets or private financial or medical information.

-Stop telephone companies, Internet service providers and other communications providers from revealing a journalist's confidential sources.

Other organizations that have endorsed the bill include the American Society of Newspaper Editors, Associated Press, CBS, SNN, the Coalition of Journalists for Open Government, Gannett, McClatchy, National Public Radio, the New York Times, The Radio and Television News Directors Association, the Society of Professional Journalists and the Washington Post.

A similar bill was introduced in the previous Congress. Last summer, the Press Club hosted a luncheon in which Lugar and Pence discussed the legislation.

National Press Club Rips Dean Comments

National Press Club President Jerry Zremski Wednesday lashed out at Democratic National Committee Chairman Howard Dean for suggesting that interest groups bar the press from meetings with presidential candidates.

"Today's suggestion by Democratic National Committee Chairman Howard Dean that the press be barred from covering candidates' forums is so outrageous it defies reason," Zremski said. "One wonders whether -- like a small child seeking attention -- the statement was designed simply to get a rise out of reporters."

"Has Dean read the First Amendment? The Founding Fathers knew that a free press is central to the free flow of information to the citizenry -- and that the free flow of information is the very foundation of a democracy. Repressing media is a tactic one expects from totalitarian regimes, not democracies.

"If there is a concern that candidates talk only in sound bites and not in meaningful dialog, they have only themselves to blame. If candidates cannot speak what Chairman Dean calls 'the truth' in front of the media, one has to wonder to whose truth he's referring – the facts presented in fair and balanced reporting or the image so carefully crafted by campaign handlers."

"Further, if the chairman would prefer that his party's candidates no longer be covered by the media, we would posit that not only would that candidate have a much more difficult time reaching the majority of the electorate, but also that those messages would be far more scripted and managed, and thus less credible to the public."

NPC President Lauds Blogger's Release

National Press Club President Jerry Zremski this week lauded video blogger Josh Wolfe's release from jail after a 226-day standoff with federal prosecutors over their demands to see his tapes of a San Francisco anarchist protest.

"While we are pleased that Josh Wolfe has been released from prison, we nevertheless remain appalled that any journalist in the United States should spend one minute - let alone 226 days - in jail to make a stand against prosecutorial zeal," Zremski said.

Wolfe, 24, a video blogger, was imprisoned after refusing to turn over videotape he shot at a San Francisco anarchist protest in 2005. His recordings were subpoenaed, and when he refused to turn them over to authorities, Wolfe was ordered to jail. He was released April 3 after striking a deal to turn over the tape without being called to testify or having to identify anyone in it.

"Journalists are not investigators for law enforcement, and their work product - except in the most extreme of circumstances - should not be subpoenaed by prosecutors on fishing expeditions," Zremski added. "The increase in journalist subpoenas - most notably the recent 'Scooter' Libby trial and the Balco investigation - is a very troubling trend. We hope that these cases bring new awareness to the voices calling from all sides for a federal shield law."

National Press Club praises FOIA reform

The National Press Club praised the quick action that the 110th Congress is taking to open the federal government by broadening the Freedom of Information Act.

"For too long, the federal FOIA process has been plagued by delays and obfuscation," NPC President Jerry Zremski said Thursday, a day after the House overwhelmingly approved a series of FOIA reforms. "Serious and considered FOIA reform at the federal level has been needed for some time, and we are pleased to see movement during this Sunshine Week."

Similar legislation was introduced this week in the Senate. And with bills moving on both sides of Capitol Hill, "the National Press Club is tremendously encouraged that access to information will be preserved and protected," Zremski said.

The reforms proposed in these bills - such as tracking numbers for requests, an ombudsman to facilitate requestors' disputes, and recovery of legal fees when agencies improperly delay or deny requests - should effect meaningful change to the FOIA experience, returning it to the tool of open government it was designed to be, Zremski said.

"We applaud the efforts of the bills' sponsors and the many media and open government groups who have worked so hard to craft effective legislation truly in the public interest," Zremski added.

National Press Club supports Sunshine Week

March 11 through 17 is "Sunshine Week," the annual event in which media organizations join with open-government advocates to try to spread a little sunshine into the dark corners of government. And as always, the National Press Club is strongly supporting these efforts.

"Sunshine Week is a spectacularly successful attempt to get the public focused on its right to know," said National Press Club President Jerry Zremski. "The National Press Club has been a proud supporter of Sunshine Week since its inception in 2005, and this year is no exception."

The Sunshine Week coordinator, Debra Gersh Hernandez, also serves as chair of the Club's Freedom of the Press Committee. She urged NPC members to visit the Sunshine Week web site, www.sunshineweek.org, to learn more about open-government issues and to see what's happening this week both in Washington, D.C. and around the country.

Three Sunshine Week events are taking place at the Club:

• On Monday, March 12, a webcast called "Closed Doors, Open Democracies" originated from the Club's Holeman Lounge. The discussion examined access to government information, the impact of suppression and the manipulation of public health and safety information. The event was sponsored by the American Association of Law Libraries, American Library Association, Association of Research Libraries, League of Women Voters, National Coalition Against Censorship, National Freedom of Information Coalition, OpenTheGovernment.org, Special Libraries Association, Sunshine Week, and Union of Concerned Scientists.
• At 2 p.m. on Tuesday, March 13, the National Press Club's Newsmaker Program and the Sunlight Foundation are scheduled to hold a forum called "Sunshine in the First Branch: How Transparent is Congress?" Participants include Jonathan Salant, former president of the National Press Club; John Solomon, national political director for the Washington Post; Matt Stoller of the Open House Project; Rafael DeGennaro, founder and president of Read the Bill, and Mark Tapscott of the Washington Examiner.
• On Friday, March 16, the First Amendment Center National FOI Day Conference will take place at the Club. The conference, which runs from 8:30 a.m. to 2:15 p.m., will feature Shelby Coffey of the Freedom Forum, Dana Priest of The Washington Post; Norman Pearlstine, former Time magazine editor in chief; and U.S. Rep. Henry Waxman, D-Calif., sponsor of a series of FOIA reforms.

Protest Espionage Amendment

The National Press Club has signed on to a letter to the Senate Judiciary Committee protesting an amendment by Sen. Jon Kyl, R-Ariz., that would vastly expand espionage statutes to the point where they would grossly interfere with press freedom. The amendment would criminalize the disclosure to the public of any classified information "concerning efforts by the United States to identify, investigate, or prevent terrorist activity."

The groups that signed the letter, which include the Society of Professional Journalists and OpentheGovernment.org, said the amendment would have a serious impact on journalists.

"The purpose and effect of this proposed amendment appears to be to chill the press and other members of the public who receive and share information ‘concerning efforts by the United States to identify, investigate, or prevent terrorist activity'," the letter said.

Open the Proceedings of the U.S. Supreme Court to Cameras and Microphones

The National Press Club Friday announced its support for efforts, long-backed by numerous journalism and open-government groups, to open the proceedings of the U.S. Supreme Court to cameras and microphones. "The Supreme Court is the most influential judicial voice in the United States," said National Press Club President Jerry Zremski. "Its rulings affect not only the free press, but also the lives of everyone who lives under the rule of American law. As such, there is an overwhelming public interest in allowing the American people to see the Court's proceedings firsthand."

The Club's statement on the Supreme Court issue, suggested by its Freedom of the Press Committee and backed by its Board of Governors, follows Sen. Arlen Specter's reintroduction of legislation that would force the court to open its doors to cameras. "It is, I think, fundamental that the court's work, the court's operation, ought to be more broadly understood," Specter, R-Pa., said in a speech on the Senate floor. "That can be achieved by television."

Specter, former chairman of the Senate Judiciary Committee, recently told The Washington Post that Supreme Court justices are appearing on television more frequently, thereby undercutting their argument that their oral arguments should not be televised. Zremski added: "Justice Louis Brandeis was among the first to remind us of the importance of sunshine in government. We believe now is the time for the Court to heed his words -- and apply the longstanding precept of open government to its own chamber."

Club comments on CIA FOIA changes

The National Press Club has submitted comments to the Central Intelligence Agency regarding its proposed rule that would govern Freedom of Information Act requests filed with the agency. In a letter to the CIA's chief of Information Management Services, NPC President Jerry Zremski generally praised the proposed changes, which would eliminate unnecessary restrictions on FOIA requests and simplify the fee structure.

"We believe this change is in keeping with the spirit of the FOIA law and will generally enhance the ability of requesters to obtain information from the CIA," Zremski wrote However, Zremski also raised questions about some of the particulars of the proposed policy.

The text of Zremski's letter

National Press Club criticizes video blogger's imprisonment

The National Press Club has joined other journalism groups in support of Josh Wolf, the California video blogger who as of Feb. 6 had spent more time in prison on contempt of court charges than any modern-day American journalist.

"Tuesday marks a dismal day for the First Amendment, as video blogger Josh Wolf marks more time in prison than anyone before him for refusing to turn over source material to prosecutors," said Jerry Zremski, president of the National Press Club.

"Josh is fighting a brave battle that -- chillingly -- an increasing number of journalists in the U.S. are facing: the battle to keep their reporting from becoming a tool that prosecutors can use to further their cases. The price that Josh is paying is disgraceful in a nation that prides itself as a leader of democracy and liberty around the world."

Wolf has refused to comply with a grand jury subpoena for the video outtakes he taped during a 2005 anti-globalization rally. As a result, as of Feb. 6 he had spent 169 days in a federal prison in California. That means he has spent more time behind bars than journalist Vanessa Leggett, who was jailed for 168 days for refusing to comply with a subpoena in 2001.

The Reporters Committee for Freedom of the Press, the Society of Professional Journalists and Reporters Without Borders have also announced their support of Wolf. More information about the effort to win Wolf's freedom can be found at: freejosh.pbwiki.com.

Subpoena for Reporters Dropped

Members of The National Press Club join their colleagues around the nation in celebrating the news that two journalists will not be subpoenaed to testify in the court martial of an Army officer, who has conceded that his quotes disparaging the administration's conduct of the war in Iraq were accurate.

Freelance journalist Sara Olson and Honolulu Star-Bulletin reporter Gregg Kakesako were subpoenaed by the Army, which planned to call on them to verify quotes made by 1st Lt. Ehren Watada, who was charged with conduct unbecoming an officer and missing troop movement. Two of the three conduct charges have been dropped in exchange for Watada's agreement that he was quoted accurately.

"This is a big win for all journalists," said Jerry Zremski, president of the National Press Club, which took a stand last week against the Army's subpoena of Olson. "When the government tries to drag reporters into court to testify about their work, it undermines their ability to freely report the news – and that means it undermines the First Amendment. The victory we achieved here is a sign that we can fight – and win – these battles for a free press."

John Stauber, executive director of the Center for Media and Democracy, which founded Defend the Press, the coalition that supported, Olson, said, "I think the fact that this was such an important matter to the National Press Club sent a wake-up call to the Army prosecutors and became a turning point in our case to drop the subpoena of journalists."

Olson called the development "a victory for the rights of journalists in the U.S. to gather and disseminate news free from government intervention, and for the rights of individuals to express personal, political opinions to journalists without fear of retribution or censure." She added, however, that "preservation of these rights clearly requires vigilance."

Olson is slated to join Defend the Press at a press conference in the National Press Club's Zenger Room at 2 p.m. on Thursday, Feb. 1.

National Press Club Defends Subpoenaed Reporters

January 25, 2007 - The National Press Club today announced its opposition to the U.S. Army's subpoenas of Oakland, Calif., freelance journalist Sarah Olson and Honolulu Star Bulletin reporter Gregg Kakesako.

The subpoenas call for the reporters to testify at the Feb. 5 court martial of Army Lt. Ehren Watada, who refused to deploy to Iraq and made several disparaging remarks about the conduct of the war. A petition calling for the dismissal of the subpoena has been posted on the web.

"The National Press Club vehemently opposes any effort to subpoena reporters over their work," said NPC President Jerry Zremski, Washington bureau chief for The Buffalo News. "Subpoenaing reporters in an effort to make the prosecution's case – particularly when the charge involves free speech issues – is abhorrent and grossly perverts the foundation of press freedom this nation is built on."

National Press Club Backs C-SPAN's Call For A More Open Congress

C-SPAN, which has used its access to Congress to inform Americans in a responsible and reliable manner for decades, recently asked incoming House Speaker Nancy Pelosi to ease restrictions on what its cameras can film of the House floor and to provide immediate access to electronic records of House votes. Both actions are needed to give the public a fuller accounting of Congress. Representative Pelosi turned down the request for greater camera access and is considering the request regarding voting records.

The NPC asks that she reconsider her rejection of the camera request and adopt both C-SPAN recommendations.

"The public's right to know includes the right to know what its representatives are doing on the House floor," NPC President Jonathan D. Salant said. "Making Congress more open and more accountable is in the public interest."

C-SPAN is currently allowed to film only the member who is speaking in the House but not other activities occurring in the chamber. In addition, the network does not have immediate access to electronic voting records, though they are produced instantly, and thus has to wait before being able to share them with the public.

The National Press Club comprises nearly 4,000 reporters, editors, public information officers and others associated with the profession of journalism.

For more information, contact Geneva Overholser, chair of the NPC Freedom of the Press Committee, at 202 744 2235.