Window Closing for the 118th Congress to Strengthening Journalist Protection with the PRESS Act

Posted on October 28, 2024

As the November election nears, and the 118th Congress draws to a close, time is running out to pass and enact the PRESS Act.

The legislation would bolster federal shield laws by prohibiting federal agencies not only from coercing journalists themselves to turn over information pertaining to their reporting, but also from forcing telecommunications companies that extend service to those journalists from divulging such information. The protected information covered by the bill includes details about sources, and any other messages, information, or other data that they receive or produce as a function of their investigative work.

Most notably, considering the government’s reliance on the “Third-Party Doctrine”, the PRESS Act would insulate third-parties like internet service providers, social media platforms, and cloud storage services from requests to surrender any data stored by a journalist for practicing their profession. The lion’s share of government circumvention of privacy protections, the Fourth Amendment in particular, hinges on the fact that, as ruled in Smith v. Maryland, customers of a third-party service have no expectation of privacy when voluntarily disclosing “business records” to those services. The PRESS Act would blunt the Third-Party Doctrine in at least its most consequential application.

The PRESS Act passed the House early this year, but is currently languishing in the Senate. Illinoisans have a unique opportunity to spur action on this bill, as Senator Durbin not only chairs the Senate Judiciary Committee responsible for bringing the bill to a vote, but he is also the Majority Whip. The fact that the bill passed a Republican-controlled House with substantial Democratic support bodes well for its chances to pass the Senate and reach President Biden’s desk. It would be a tragedy indeed if legislation with such favorable prospects at passing, and such salutary effects on the fabric of our democracy, was left on the table out of procedural oversight.

Senator Durbin can be reached at his Chicago office at 312-353-4952, or at his Washington, DC office at 202-224-2152.