Here’s the dilemma. You’re coming back from a reporting trip with notes and documents about, say, U.S. intervention in a Latin American country. Or maybe you were just doing a travel piece, or maybe meeting with journalists interested in doing investigative reporting in their countries.
The uniformed customs and border protection officer at Miami Airport examines your passport, notices you have visited several countries, and asks, “What were you doing on this trip?”
Then a second and third question, each demanding more specific information. What do you do?
That’s what happened to me last Saturday as I returned from two and a half weeks in Chile, Venezuela, and Brazil.
“I’m a journalist, I was conducting meetings and gathering information,” I said to the first question.
“I know what a journalist does,” the officer said. “Tell me specifically what you were doing.”
I stammered. I said something like, “I don’t think I should have to tell you. I feel I have a First Amendment protection and shouldn’t have to be interrogated about who I met with.”
“This is America. I can ask you whatever I want, and you have to answer for me to assess your status,” he insisted, and delivered the third question. “I need to know in detail what you were doing in the countries you visited.”
His name tag identified him as Officer Adams. He was aggressive but not offensive or impolite. He made it clear that if I didn’t want to answer, there was the alternative of going into the back room with his supervisor.
I had a flight to catch. So I started blabbing about the meetings, mentioning titles and descriptions of the people I had talked to. I felt I had to keep talking until he was satisfied.
OK, he finally said, in effect. Anybody can say they are a journalist. I needed to follow up to see if you got nervous or would get flustered about what to say.
He gave me to understand I had sounded enough like a real journalist to convince him I wasn’t a drug smuggler. So he stamped my passport.
In fact, I thought I had been plenty flustered. And I was embarrassed that I had given out information that no journalist should have to reveal to a U.S. government official, or to anyone unless I chose to write it in a story. I shouldn’t have mentioned the title of the Venezuelan opposition politician I met with, for example.
What should I have done? My dilemma was that if I stood my ground and refused to give detailed information, I would have to spend hours in a real interrogation with Officer Adams’s superiors in the back room.
After all, on this trip I hadn’t done anything particularly sensitive.
But what if it had been one of my previous reporting trips, when I was interviewing former military officers about help they got from the CIA during the military dictatorships of the ’70s and ’80s? Or had just returned from an excursion into guerrilla territory during the El Salvador civil war?
As I picked up my passport and moved away, I told the officer I understood he was there to do a job, but that I thought he had crossed a line with his questions; that the Constitution and First Amendment protections have meaning.
He replied he “hadn’t crossed any line,” but he said it in a way it was clear he didn’t think any line existed.
It turns out he was right, at least according to Customs and Border Protection, a US agency that is part of Homeland Security. CQ national security columnist Jeff Stein ran the incident by CBP Michael Friel, who said there are no restrictions on what officers can ask anyone, including journalists.
“There are no special procedures for dealing with a journalist,” Friel told Stein. “The officer’s role is to protect the borders,” he said, and to “determine a person’s admissibility to the United States.”
The questioning is designed not only to discover lawbreakers. Friel said the agents are also trying “to determine whether a person was doing legitimate activity abroad.”
My concern is that there should be limits to how the border agents can interrogate citizens, in particular journalists, about that legitimate activity. I can accept that the agents can ask a broad array of questions. But I should have the right to refuse to answer detailed questions about my activities as a journalist without being taken into custody.
Officer Adams was trying to do his job, I’m sure. But it’s hard to accept that protecting our borders requires abandoning the First Amendment. Freedom of the press isn’t an absolute, but if it means anything, it means that, without good reason to believe a crime has been committed, the government, in particular uniformed officers, should stay out of a journalist’s business.




I understand that anyone can get flustered, but it's awfully easy to give an incomplete version of your reporting trip that reveals no sensitive information but will very likely disarm any customs officer. If you have a legal right to enter the country (I assume you are an American citizen), the customs/border people can't really keep you out. Maybe, if your cover story fails to satisfy, they can delay you. Maybe you'll miss your flight. So what? It'll teach you to have a better cover story the next time.
Posted by John Mecklin on Tue 7 Jul 2009 at 03:12 PM
There is a legitimate question here about how much information a U.S. citizen should be required to provide in this sort of situation.
That's the question that needs to be resolved before we start carving out specific exemptions/rights for journalists.
Posted by Pete on Tue 7 Jul 2009 at 03:41 PM
What rights do people in general have at the border? With regular police, there are certain questions that you don't have to answer. What are the rules with agents at border crossings? Can they do anything other than turn you back? Do those crossing have any rights? It's funny, I can find dozens of pages about one's rights while interacting with a police officer, but none about interacting with a DHS agent at the border.
Posted by bork on Tue 7 Jul 2009 at 04:19 PM
Sounds like much ado about nothing to me. He was just doing his job -- not part of some greater conspiracy to keep tabs on journalists. Forgive and forget.
Posted by Matt J. Duffy on Tue 7 Jul 2009 at 09:10 PM
I wonder how many journalists are aware of their constitutional rights in situations like this? Read the decision in Branzburg v. Hayes (1972), in which the Supreme Court held that the press has no special status, and that the freedom of speech rights of newspersons are the same as "ordinary" citizens. In this situation, close to zero--you must answer the legitimate questions of the authorities, unless it would violate the Fourth or Fifth Amendments (unreasonable search/self incrimination). To the extent that there are "shield" laws to protect sources, these are privileges granted by the legislature that can be withdrawn at any time (and are riddled with exceptions). Not to worry--this is America. The police and soldiers are the good guys, and the government serves the people.
Posted by Jeffrey G. Purvis on Tue 7 Jul 2009 at 10:12 PM
Mr Dinges is right in feeling a moral dilemma about divulging information. I have to say his experience with this American border police is nothing next to what Israelis force you to divulge at the borders (airport/Jordan/Erez). I know from personal experience they even ask for business cards of people you met, they check your laptop to see what kind of emails you wrote/received, they ask to see photos you have taken and all kinds of sensitive information you may have gathered on their territory before leaving (besides a tough grilling before entering) Israel. Of course you can refuse, but then you're in trouble. And keeping up a cover (as I do) is extremely difficult and stressful in interrogations that can take more than an hour. Besides, Israel only recognises journalists on very arbitrary criteria, it does not recognise International Federation of Journalists accreditation (international press card) and submits all journalists (credited or not) to military censorship, which of course you can ignore but will, again, get you in deep trouble if you are ever flagged.
Posted by Karl Schembri on Wed 8 Jul 2009 at 07:31 AM
Sure, you should have the right to refuse to answer detailed questions. But you should also have the common sense just to make up some pat answers that will satisfy Joe Blow the border guard so he'll wave you on your way. I know electronic bits are free and all, but did we really need to waste an e-page on some guy's tale about how he wasn't prepared and couldn't think well under pressure. Yeesh.
Posted by Joey on Wed 8 Jul 2009 at 09:23 AM
I'm with Pete (July 7 @ 3:41 pm): If the purpose of the screening is to "determine a person’s admissibility to the United States," the screening in your case should have extended to checking your passport. Unless DHS has suspended the universal right to repatriation.
Posted by Rick Karr on Wed 8 Jul 2009 at 02:02 PM
Some years back (pre-9/11) I had a similarly eye-opening experience with an airport passport control agent upon returning from a reporting trip to Europe. While pulling out my passport, I happened to lay my wallet on the edge of the agent's counter. He promptly reached over, picked it up and started rifling through it. "Hey, you can't just do that," I blurted out. His response was along the lines of, oh yes, indeed I can. He said he was looking for sales receipts in case I was bringing in undeclared goods, and found nothing problematic. But what, if like Karl mentions in his comment about Israeli security, he started rifling through my briefcase and notebooks? My impression is that such a search would have been within his prerogative. I agree with John this is disturbing; there should be some First Amendment protections for journalistic matter.
Posted by Adam Glenn on Wed 8 Jul 2009 at 02:06 PM
That type of questioning seems more and more common. We get it all the time when we come back home to the US. Sometimes they ask about what type of journalist I am, or why I have such a fat passport, or have been in so many countries, sometimes why I live abroad, sometimes whether I'm a Sox fan. They ask my fiance, who is a management consultant, lots of questions, too.
I don't think they really care whether you're a journalist or not or what type of story you're working on. All they want to confirm is that you are who you say you are and not some... drug smuggler or imposter posing as an American, I guess. They're looking for form, not content, so just enough banter and familiarity with America. Answer questions generally. My instinct used to be to be hostile to these guys but that will get you nowhere. Be super friendly, talk about sports (seriously) and how you're so happy to be back in America and the interview will be done in about five seconds.
And, next time you don't have a flight to catch ask to speak with a supervisor if they're asking too many specific questions about your reporting. Regardless of what a CBP officers tells you (of course they will say they are acting appropriately, what would you expect them to say!!!), the First Amendment still exists.
Posted by suzy nam on Thu 9 Jul 2009 at 07:44 AM