The ABCs of Free Speech with Emerson Sykes

Dos periodistas desafían una ley que amenaza la libertad de prensa en un intento de prohibir la desinformación

WASHINGTON — Last night, the Trump administration arrested journalists Don Lemon and Georgia Fort for reporting on federal agent activity and protests in Minneapolis. Their arrests and overnight detentions came after a federal magistrate judge declined to issue arrest warrants for them, and after Minnesota's chief federal district judge expressed strong skepticism about the charges’ validity. These arrests are the latest in a series of attacks by the Trump Administration on the First Amendment’s guarantee of a free press. In recent months, the Trump administration has retaliated against journalists and bystanders for recording immigration enforcement activity, conducted a search of a Washington Post journalist’s home after reporting confidential information, punished the Associated Press for refusing to use the Administration’s preferred term for the Gulf of Mexico, and tried to prevent journalists from reporting on non-official information from the Pentagon. Esha Bhandari, Director of the ACLU Speech, Privacy, and Technology Project, issued the following statement in response: “The federal government prosecuting journalists for their reporting is extremely concerning, made more so by its continued pursuit of these charges after a magistrate judge refused to sign-off on the arrest warrant and over the reported objections of career prosecutors. This will send a chilling message to other journalists reporting on the administration's actions, and should be understood in the context of the government’s broader crackdown on freedom of the press.” Deepinder Mayell, Executive Director of the ACLU of Minnesota, issued the following statement: “The Trump administration has abused the rights of Minnesotans for months. Arresting journalists should alarm everyone. These arrests are a bold escalation of the Trump administration’s quest to target a free press, avoid transparency and shape the truth. They are trying to send a message to journalists across the country that they could be next.”

WASHINGTON — The American Civil Liberties Union and the ACLU of the District of Columbia filed a brief late last night in support of the New York Times in its lawsuit against the Department of Defense (DoD) over its new press policy, which the brief describes as asserting the power “to banish journalists for disfavored coverage.” The ACLU warns that this unconstitutional policy must be understood as “part of a broader assault on free expression” that resembles authoritarian tactics seen in other countries that have experienced democratic backsliding. The New York Times was one of several major outlets to turn in their press access badges at the Pentagon in October in protest of the new rules from Secretary of Defense Pete Hegseth. The rules prohibit reporters from soliciting, receiving, or publishing information that is not authorized by DoD, even if the information is not classified. The Times filed suit several weeks later, alleging that the new policy violates the First and Fifth Amendments, as well as the Administrative Procedure Act. “Journalists are not mouthpieces for government propaganda, but that’s exactly what these new rules try to turn them into,” said Scott Michelman, legal director at the ACLU of D.C. “The First Amendment protects our right to a free press precisely because it can hold the government accountable to the people. We have seen time and time again throughout our nation's history that muzzling the press can have dire consequences. This administration’s relentless pursuit of ideological conformity through its repeated attacks on the press ignores the lessons of our history and the commands of our Constitution.” Echoing arguments made in an amicus brief filed in support of an Associated Press lawsuit against the Trump administration in October 2025, the brief argues that unchecked incursions on press freedoms frequently lead to greater repression, as demonstrated by American history and the modern experience of other nations. The brief catalogues the Trump administration’s alarming campaign of retaliation against dissenting voices, as well as its documented campaign against journalists. “Restrictions on press freedom are the canary in the coal mine for democratic backsliding,” said Brian Hauss, deputy director of the ACLU’s Speech, Privacy and Technology Project. “As the White House thumbs its nose at the First Amendment, it’s instructive to look to countries like Hungary and Russia, where the descent into autocracy began with crackdowns on journalists. We hope the court rebukes the Pentagon’s effort to coerce reporters providing critical information to the American people.” The New York Times’ suit, The New York Times Company v. Department of Defense, was filed in the U.S. District Court for the District of Columbia in December 2025. The ACLU and the ACLU of D.C. filed the amicus brief with the court in support of the Times’ motion for summary judgment. The amicus brief can be viewed here.