DONALD TRUMP HAS BEEN A BLESSING, albeit a mixed one, to some First Amendment and media law organizations. Since the election, the Reporters Committee for Freedom of the Press has received more than $3 million in support, including $1 million from Washington Post owner Jeff Bezos. Meryl Streep gave the Committee to Protect Journalists a shout-out during her acceptance speech at the Golden Globe Awards in January, resulting in a flood of donations. And the Freedom of the Press Foundation has stepped up its crowdfunding efforts and its digital security training for journalists.
The work those organizations do is increasingly important because of the threats posed by Trump’s rhetoric and the economic challenges the news industry is facing, especially at the local level. A study last year reported that 53 percent of US newspaper editors agreed that “news organizations are no longer prepared to go to court to preserve First Amendment freedoms,” while 27 percent said they had been unable to bring a case at their own outlets because of the cost. More journos are working as freelancers, too, and new platforms are less likely to have in-house counsel or the resources to hire trial lawyers.
So the work the big organizations like the RCFP, CPJ, and FPF do is more and more necessary (and routinely excellent). But they’re not the only players in this space.
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Just a few weeks ago, The Washington Post published a story about the lesser-known Student Press Law Center, which advocates for student journalists. It’s deserving of support, but hasn’t benefited from the recent financial and publicity groundswell. (Disclosure: I’m a volunteer attorney for the SPLC.)
Groups like the SPLC—dedicated to First Amendment and media law, and doing impactful work, but not as well known as some of its bigger brethren—deserve attention. Many provide niche services or tailored expertise; some are also vulnerable to economic challenges, or risk being overlooked. With that in mind, I recently conducted short interviews with representatives at 10 such organizations. I’m sharing them here in the hope that CJR readers will find the information helpful—or perhaps even consider one of the groups worthy of support.
I left out many good organizations, some because they’re already well known (the Sunlight Foundation, the Knight First Amendment Institute, and the First Amendment Center), and others because they do First Amendment work but have broader missions ( the Society of Professional Journalists, the National Press Photographers Association, and the Electronic Frontier Foundation), and still others because of space constraints.
That said, here are some First Amendment and media law organizations that deserve attention.
Our work strengthens First Amendment and related rights for all citizens by ensuring that the attorneys who defend those rights are equipped to do so.
Media Law Resource Center (Jeff Hermes, deputy director)
What does the organization do? “Our primary focus is on providing the lawyers who represent media organizations and First Amendment interests with the information and resources they need to carry out that role. We also have a charitable sister organization, the MLRC Institute, whose mission is to educate the public [about] First Amendment rights.” Has the main organization’s work changed under Trump? “Certain issues have taken greater prominence: press access to the executive branch; protection of journalistic sources and reporters against retaliation for reporting on the government; and maintaining the strong protections…for media organizations in defamation and other content-liability lawsuits in the face of public statements attacking the press. When the…attacks [began], we asked our members whether they might be available for pro bono help in cases where the administration attempts to use litigation to chill speech, and a large number responded positively.” Who benefits from the organization’s work? “Most directly, we support our members who receive our benefits…Some MLRC resources are available to the public, too. And more broadly, our work strengthens First Amendment and related rights for all citizens by ensuring that the attorneys who defend those rights are equipped to do so.
There has been more discussion and a deeper interest among students and teachers about free speech rights.
First Amendment Law Clinic at Michigan State University College of Law (Nancy Costello, director)
What does the organization do? “[We] provide pro bono legal [services] to [student] journalists grappling with censorship and other First Amendment issues, …and [we] offer workshops to high school journalists and their faculty advisors…to teach them about student press rights. (Law students teach the workshops, which have visited 40 schools since 2011.) The law students also submit FOIA requests [for] information about policies at Michigan schools to monitor whether they restrict protected speech.” Has the organization’s work changed under Trump? “There has been more discussion and a deeper interest among students and teachers about free speech rights. Much of the class discussion led by [our] law students focuses on current events.” Who benefits from the organization’s work? “Mostly [student journalists] and their faculty advisors. In the late fall, [we are] launching the McLellan Free Speech Online Library…to provide a cache of legal answers to often-asked questions about student speech and press rights. It will also offer a general guide to news sources [and] a Q&A section for students to send in questions and receive answers in a short period of time. The website will be geared for people between 14 and 21.”
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We have taken on many new matters dealing with executive branch accountability and potential conflicts of interest in the new administration.
Media Freedom and Information Access Clinic at Yale Law School (Hannah Bloch-Wehba, Stanton First Amendment Fellow)
What does the organization do? “[We are] a law student clinic dedicated to increasing government transparency, defending the essential work of news gatherers, and protecting freedom of expression. We provide pro bono representation to…news organizations, freelance journalists, academics, and activists…[We’ve] litigated FOI cases that compelled the release of information about the negotiation of the Trans-Pacific Partnership [and] the rules for closing the military commissions at Guantanamo.” Has the organization’s work changed under Trump? “Government accountability, national security, and newsgathering rights have been at the core of [our] work since…2009. The election confirmed the need for our [work], and…we have taken on many new matters dealing with executive branch accountability and potential conflicts of interest in the new administration.” Who benefits from the organization’s work? “Our clients benefit most directly [but not exclusively]…Last year, for example, the clinic obtained a federal court order recognizing a constitutional right of…access to all phases of an execution. We also obtained a court order requiring the Department of Defense to release statistics about the…personnel stationed at its Guantanamo Bay detention center. These are wins not just for our clients…but also for the public.”
The president’s negative statements pertaining to US news media create an atmosphere of distrust for our nation’s largest distributor[s] of information about their government.
National Freedom of Information Coalition (Daniel Bevarly, executive director)
What does the organization do? “NFOIC and its 45 state affiliates make sure state and local governments and public institutions have laws, policies, and procedures to ensure the public’s access to their records and proceedings.” Has the organization’s work changed under Trump? “There is much more attention being focused on…the freedoms of speech and press. The president’s negative statements pertaining to US news media create an atmosphere of distrust for our nation’s largest distributor[s] of information about their government.” Who benefits from the organization’s work? “While our organization is dominated by journalists and media lawyers…our programs and work help citizens, journalists, attorneys, businesses, (and anyone who seeks public information).”
Has the organization’s work changed under Trump? ‘No.’
Scott & Cyan Banister First Amendment Clinic at UCLA School of Law (Eugene Volokh, director)
What does the organization do? “We file friend-of-the-court briefs on behalf of various organizations and academics in First Amendment cases throughout the country, in state and federal court.” Has the organization’s work changed under Trump? “No.” Who benefits from the organization’s work? “The courts, which get useful perspectives; nonprofits such as the Reporters Committee [for Freedom of the Press]…and Electronic Frontier Foundation, whom we represent pro bono; and students, who work on all of the cases.”
The highest elected office in the land has set a tone of hostility to free speech and access.
First Amendment Coalition (David Snyder, executive director)
What does the organization do? “[Our] mission…is to protect and promote freedom of expression and the people’s right to know…Our activities include free legal consultations for journalists; educational and informational programs; legislative oversight of bills affecting access to government; and public advocacy through writing of op-eds and public speaking.” Has the organization’s work changed under Trump? “Our core mission and activities remain the same, but the focus and emphasis have changed…The highest elected office in the land has set a tone of hostility to free speech and access. This…has made much more difficult the work of journalists and others seeking to gather facts in order to understand and critique their government…[W]e see more questions from reporters about the ‘disappearing’ of information from websites…, and the need for litigation that pushes back against the executive branch has increased.” Who benefits from the organization’s work? “The public, including the media,…for whom the acquisition and understanding of the government is an essential component of their business model.”
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Trump’s blocking of people on Twitter sparked me to write an op-ed about whether that violated a First Amendment right of citizens to access his account.
Brechner First Amendment Project at the University of Florida (Clay Calvert, director)
What does the organization do? “The project analyzes current First Amendment issues—from whether rap music lyrics constitute true threats of violence to the constitutionality of regulating fake news—by filing friend-of-the-court briefs, writing scholarly articles, publishing op-eds, and providing testimony if needed to legislative bodies.” Has the organization’s work changed under Trump? “Trump’s blocking of people on Twitter sparked me to write an op-ed about whether that violated a First Amendment right of citizens to access his account. His obsession with fake news directly led to three of my graduate research fellows…co-authoring a paper on the First Amendment aspects of regulating fake news. [And] I field more media calls now that Trump is in office. [He] is truly lifetime employment for those of us who comment on [media law] issues. Who benefits from the organization’s work? “Hopefully the public benefits most. That’s why going beyond writing academic articles and amicus briefs is so important. Responding swiftly and thoughtfully to great questions posed by journalists’ calls and emails really is key in the public education process.”
Free expression has been a core value of the internet since its earliest days, and it faces increasing pressures from a range of sources, beyond President Trump’s suspicion of the media.
Cyberlaw Clinic at Harvard’s Berkman Klein Center for Internet & Society (Vivek Krishnamurthy, instructor)
What does the organization do? “[We] provide pro-bono legal services…in areas related to law and technology, including First Amendment and media law. Our work…ranges from counseling freelance journalists threatened with defamation claims to representing amici in litigation on state anti-SLAPP laws.” Has the organization’s work changed under Trump? “Free expression has been a core value of the internet since its earliest days, and it faces increasing pressures from a range of sources, beyond President Trump’s suspicion of the media. As…more content comes under the control of a few large entities, it’s key to track the consequences and hold those organizations accountable. Policies aimed at reducing online harassment and combating ‘fake news’…may have significant impacts on free speech if not…narrowly tailored.” Who benefits from the organization’s work? “Ideally, both our clients and our students: the clients in that they receive free, high-quality legal services, and the students in that they develop their knowledge and professional skills.”
Because of the administration’s anti-press…public persona, I have gotten a lot of calls from media.
Tully Center for Free Speech at Syracuse University (Roy Gutterman, director)
What does the organization do? “[We] educate students and the public on…First Amendment values. We host events [and] speakers, and [give] the Tully Free Speech Award to a journalist who has faced significant turmoil in performing journalism…Last year, we honored Jason Rezaian, the Washington Post reporter who was in prison in Iran, …and a student told me afterward that meeting him changed her life.” Has the organization’s work changed under Trump? “Because of the administration’s anti-press…public persona, I have gotten a lot of calls from media. On campus, I have…participated in a number of speeches and teach-ins to help people understand the role of the First Amendment.” Who benefits from the organization’s work? “Students and the campus community are the primary beneficiaries…[We] have hosted some of the biggest events on campus [featuring] Daniel Ellsberg, Larry Flynt, and Mary Beth Tinker.”
I can’t explicitly relate requests to President Trump, but one wonders if there is a greater willingness to make more specious requests in a culture where the president is regularly caught misleading the public.
New Media Rights at California Western School of Law (Art Neill, founder and executive director)
What does the organization do? “We work primarily on the effect that overreach by rights-holders in the copyright and trademark space has on…freedom of speech. We provide legal services, education, and policy advocacy for creators—including journalists, startups, and consumers.” Has the organization’s work changed under Trump? “Anecdotally, we have seen an uptick in content takedown defense requests. In addition to that uptick, there is a significant uptick in the amount of [takedown] requests that are baseless. I can’t explicitly relate [those] requests to President Trump, but one wonders if there is a greater willingness to make more specious requests in a culture where the president is regularly caught misleading the public.” Who benefits from the organization’s work? “Creators [and others] who need intellectual property, privacy, and media law expertise. And with the proliferation of nonprofit journalism projects, they…need the services any other new nonprofit or business needs. We [draft] contracts for [them], distribution agreements for their clients, and terms of use and privacy policies for their apps and websites. They also need to know how to form and structure the business.”
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Jonathan Peters is CJR’s press freedom correspondent. He is a media law professor at the University of Georgia, with posts in the Grady College of Journalism and Mass Communication and the School of Law. Peters has blogged on free expression for the Harvard Law & Policy Review, and he has written for Esquire, The Atlantic, Sports Illustrated, Slate, The Nation, Wired, and PBS. Follow him on Twitter @jonathanwpeters.