President-elect Donald Trump is urging Republicans to block a bill designed to protect journalists from government surveillance. The legislation, known as the PRESS Act, would be the first federal law to shield reporters from being forced to disclose their confidential sources.
While the bill has received bipartisan support, it faces opposition from some prominent Republicans, including Trump himself. In a post on Truth Social, Trump responded to a PBS News report on the PRESS Act, stating that Republicans “must kill this bill.”
Trump’s opposition comes after the bill passed the Republican-controlled House earlier this year. The PRESS Act would establish the first-ever federal shield law in the U.S., protecting journalists from being compelled to reveal their sources to federal investigators. It would also prevent the government from seizing reporters’ records.
A case currently underway highlights the potential significance of the bill. Fox News reporter Catherine Herridge could face jail time for refusing to reveal her sources in a story about a Chinese-American scientist, Yanping Chen.
Herridge reported on an FBI investigation into Chen’s potential national security risks, which led Chen to sue several federal agencies, claiming the report damaged her reputation. Chen demanded to know Herridge’s source, prompting a subpoena that Herridge has refused to comply with.
Legal analysts told the Seattle Times that if the PRESS Act were law, the subpoena of Herridge would not have been allowed.
Supporters of the bill, like Republican Rep. Kevin Kiley, Calif., argue that press freedom requires protection from government interference.
“A critical aspect of the freedom of the press is the pursuit of truth without government entanglements or intimidation,” Kiley said. “Administrations from both political parties have unjustly targeted journalists and used compulsory process to obtain information from them about their sources. Most states have protected journalists from such interference, and it is past time for Congress to do so as well.”
Similar press protections already exist in 49 states, but the PRESS Act would offer these protections at the federal level.
Opponents of the bill, however, are concerned that it could shield “leakers” — individuals who release classified or sensitive information — instead of protecting journalists who report on the information.
“During the wars in Iraq and Afghanistan, the press routinely revealed details about America’s efforts to hunt down terrorists, details that helped our enemies cover their tracks and evade justice,” Republican Sen. Tom Cotton, Ark., said. “These leaks were reckless and harmful to our national security, yet the PRESS Act would immunize journalists and leakers alike from scrutiny and consequences for their actions.”
The likelihood that the Senate will take up the bill during the current session is low, with Democratic senators prioritizing the confirmation of judges and other high-interest legislation before political power shifts in Congress.