The following letter went to the House of Representatives Energy and Commerce Committee:
Chairman Pallone:
Regarding the baby formula shortage and what was known about circumstances at FDA: the controls on news reporting at the agency have become extreme over a long time. It is not realistic to expect that problematic situations will not develop and fester when governmental agencies heavily restrict public scrutiny of themselves.
Over the last two to three decades, many agencies, businesses and other institutions have instituted policies banning employees (and sometimes others) from speaking to reporters without oversight by authorities, often through public information officers. These restrictions prohibit all contacts not overseen by authorities, even though confidential conversations are so often critical to the public’s understanding.
Also, in reality, the system works so that a huge portion of contacts between reporters and staff is blocked altogether.
A number of journalism organizations have worked opposing these controls for a long time. I work with the Society of Professional Journalists and others on the issue.
I would like to talk to your staff about this.....
Please note also:
--Last July, 25 journalism and other groups wrote to the Office of Science and Technology Policy asking that the blockages be ended and that reporters be given credentials to enter facilities. It was one of numerous efforts over the years. We have not received any substantial response despite several follow-up contacts with OSTP.
--Importantly, an extensive legal analysis from The Brechner Center for Freedom of Information finds that these mandates for reporters to go through PIOs, although very common, are unconstitutional and that many courts have agreed. (The longer version is this law journal article.)
---SPJ sponsored seven surveys (2012 to 2016) that showed the censorship is pervasive in federal, state, and local government, education, government science agencies and police departments (see some summaries below).
---Journalism groups recently published a letter in Science magazine on this issue: Scientists’ right to speak to the press (science.org).
We don’t know about FDA but apparently contacts with the press for all or most of HHS must go through one small office, the Assistant Secretary of Public Affairs. Thus, a very few people under heavy conflict of interest and political pressure decide what all of us can hear about agencies’ workings.
As Covid deaths began to mount in 2020, an official told CDC media relations staff that just because individual reporters persist in asking to speak to someone, doesn’t mean they are allowed to.
Probably the top reason for media organizations’ silence about the controls is their long-time work ethic and strong financial incentive to assume--and to convince their audience--that good reporters get the story anyway. It’s more likely the press gets some stories and assumes what we get is all there is.
In addition, journalists fear, with good reason, that PIOs and other powers will block whatever access reporters have if they complain.
There are other resources below. I’d be happy to talk to anyone about this.
Regarding the baby formula shortage and what was known about circumstances at FDA: the controls on news reporting at the agency have become extreme over a long time. It is not realistic to expect that problematic situations will not develop and fester when governmental agencies heavily restrict public scrutiny of themselves.
Over the last two to three decades, many agencies, businesses and other institutions have instituted policies banning employees (and sometimes others) from speaking to reporters without oversight by authorities, often through public information officers. These restrictions prohibit all contacts not overseen by authorities, even though confidential conversations are so often critical to the public’s understanding.
Also, in reality, the system works so that a huge portion of contacts between reporters and staff is blocked altogether.
A number of journalism organizations have worked opposing these controls for a long time. I work with the Society of Professional Journalists and others on the issue.
I would like to talk to your staff about this.....
Please note also:
--Last July, 25 journalism and other groups wrote to the Office of Science and Technology Policy asking that the blockages be ended and that reporters be given credentials to enter facilities. It was one of numerous efforts over the years. We have not received any substantial response despite several follow-up contacts with OSTP.
--Importantly, an extensive legal analysis from The Brechner Center for Freedom of Information finds that these mandates for reporters to go through PIOs, although very common, are unconstitutional and that many courts have agreed. (The longer version is this law journal article.)
---SPJ sponsored seven surveys (2012 to 2016) that showed the censorship is pervasive in federal, state, and local government, education, government science agencies and police departments (see some summaries below).
---Journalism groups recently published a letter in Science magazine on this issue: Scientists’ right to speak to the press (science.org).
We don’t know about FDA but apparently contacts with the press for all or most of HHS must go through one small office, the Assistant Secretary of Public Affairs. Thus, a very few people under heavy conflict of interest and political pressure decide what all of us can hear about agencies’ workings.
As Covid deaths began to mount in 2020, an official told CDC media relations staff that just because individual reporters persist in asking to speak to someone, doesn’t mean they are allowed to.
Probably the top reason for media organizations’ silence about the controls is their long-time work ethic and strong financial incentive to assume--and to convince their audience--that good reporters get the story anyway. It’s more likely the press gets some stories and assumes what we get is all there is.
In addition, journalists fear, with good reason, that PIOs and other powers will block whatever access reporters have if they complain.
There are other resources below. I’d be happy to talk to anyone about this.
Kathryn Foxhall
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