Protect Reporters From Exploitative State Spying Act
Floor Speech
Mr. Speaker, there is a reason why the Founders chose to enshrine the freedoms of the press in the First Amendment to the Constitution. It is an important part of a functional and informed democracy.
Over the years, versions of this bill have received widespread support from across the political spectrum. In fact, the first version of this bill was introduced by none other than Vice President Pence when he was a Member of this body.
Liberty depends on the freedom of the press. Good reporters are committed to holding our government accountable. A critical aspect of the freedom of the press is the pursuit of truth without intimidation or coercion from the government.
Administrations of both parties have unjustly targeted journalists, but none more so in recent years than the Obama administration. The Obama administration's control on the flow of information has been described as ``the most aggressive . . . since the Nixon administration.''
The Biden administration isn't proving to be much better.
In a free country, we need to make sure that the government cannot unmask journalists' sources without good cause. This bill provides those protections and recognizes the importance of independent journalism to our country.
Ms. JACKSON LEE.
BREAK IN TRANSCRIPT
Mr. FITZGERALD. Mr. Speaker, I would inform you and my colleague from Texas that I have no further speakers, and I reserve the balance of my time.
Ms. JACKSON LEE.
Mr. Speaker, let me just comment, as I determine whether we have any further speakers, that this protection of the First Amendment rights of our journalists are so crucial, and this legislation enjoys bipartisan support.
We have already made the point that we have found some offense of this in bipartisan officeholders, government, so I think it is important, in the spirit of harmony today, that we choose no President to suggest one was more so than the others, and I can't think of any comparison to the previous administration. But, today, we are standing here and wanting to bring people together around the importance of ensuring that the press is protected and shielded, that the truth is cleansing, and that the truth is heard.
Clearly, in the Trump administration, the truth was challenged, and we are grateful that the press stood tall.
I believe this legislation is extremely important to cleanse all persons in public life so that public officials can serve in the spirit of transparency and that journalists can provide the facts to all the people of America.
BREAK IN TRANSCRIPT
Mr. FITZGERALD. Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.
Ms. JACKSON LEE.
Mr. Speaker, as I indicated, H.R. 4330 is a bipartisan effort similar to legislation worked on by Vice President Pence.
The Judiciary Committee reported the bill on a bipartisan basis by voice vote. In addition, H.R. 4330 is supported by numerous civil liberties and journalist organizations, including the American Civil Liberties Union, Demand Progress, the Society of Professional Journalists, the News Media Alliance, the National Association of Broadcasters, the National Press Photographers Association, the Radio Television Digital News Association, the News Leaders Association, MPA--the Association of Magazine Media, the Project for Privacy and Surveillance Accountability, and the Reporters Committee for Freedom of the Press.
Mr. Speaker, I rise today in support of H.R. 4330, the ``Protect Reporters from Exploitative State Spying Act'' or the ``PRESS Act.'' The PRESS Act would create a strong, but qualified, federal statutory privilege that protects journalists from being compelled by the federal government to reveal confidential sources and information.
Additionally, the bill prohibits the federal government from compelling an electronic service provider that stores a journalist's information to disclose that information, as well as information relating to the journalist's personal account or technology device, to the government, unless a court determines that there is a reasonable threat of imminent violence absent the information's disclosure, and subject to other requirements and certain specified exceptions.
H.R. 4330 is necessary and long overdue legislation.
Over the past several decades, presidential administrations of both parties have attempted to crack down on leaks of classified information to media outlets, and these investigations have included efforts to obtain journalists' records.
For example, just last year, The Washington Post, The New York Times, and CNN reported that the Department of Justice under the Trump Administration sought the information and records of their reporters.
In addition, during the Obama Administration, the Department reportedly searched Fox News reporter James Rosen's e-mails and even listed him as a co-conspirator in an Espionage Act case that it brought against the source of the leaked information.
These and other recent episodes illustrate the need for stronger federal protections for journalists and their sources.
Indeed, forty states and the District of Columbia have enacted press shield laws, while other states afford similar privileges through their state constitutions and common law.
Moreover, there has been longstanding and bipartisan support in Congress for federal protections.
In 2005, Former Vice President Mike Pence, when he was a member of this body, first introduced the ``Free Flow of Information Act,'' which was very similar in concept to H.R. 4330. That legislation subsequently passed the House twice, in the 110th and 111th Congresses, the first time by a 398 to 21 vote, and the second time by voice vote.
Unfortunately, the Senate never took action on those bills, but I am pleased that efforts to advance a federal reporters' shield bill continue in the House today. It is my hope that the Senate will finally take up this important issue.
I want to thank Congressmen Jamie Raskin, Ted Lieu, and John Yarmuth for their work on the PRESS Act. I also thank Judiciary Committee Ranking Member Jim Jordan for his support.
The need for this legislation is as great, if not greater, than when it was first introduced in its earlier form many years ago.
I urge all my colleagues to vote YES on this important bipartisan legislation.
As I noted earlier, H.R. 4330 and similar federal press shield legislation has long enjoyed strong bipartisan support. The Judiciary Committee reported the bill on a bipartisan basis by voice vote.
In addition, H.R. 4330 is supported by numerous civil liberties and journalists' organizations, including the American Civil Liberties Union, Demand Progress, the Society of Professional Journalists, the News Media Alliance, the National Association of Broadcasters, the National Press Photographers Association, the Radio Television Digital News Association, the News Leaders Association, MPA--The Association of Magazine Media, the Project for Privacy and Surveillance Accountability, Protect The 1st, and the Reporters Committee for Freedom of the Press.
Given the broad support for the bill and the pressing need for federal protections for journalists and their sources, I urge the House to pass H.R. 4330.
Mr. Speaker, given the broad support of the bill and the pressing need for Federal protections for journalists and their sources, I urge the House to pass H.R. 4330, and I yield back the balance of my time.
BREAK IN TRANSCRIPT
Source