Schatz Bill Against Pentagon Press Restrictions: What About the Other Agencies?

This letter went to Senator Brian Schatz, the 13 other senators, who are co-sponsoring the bill and members of their staff on August 10. So far I have not received a response,

Senator Brian Schatz:

I am a journalist with years of fighting against press restrictions. I was honored to receive the Society of Professional Journalists' highest membership award for opposing constraints that agencies place on reporters talking to people. 

Your introduction of the bill to restore press access at the Pentagon is, on its face, absolutely the right thing to do.

However, I urge you to introduce legislation to outlaw these restraints in all federal agencies and offices--not just the Pentagon--and to encourage the current legal efforts against such constraints in the federal courts. 

Many federal agencies--apparently the majority of them--kicked reporters out of their facilities years ago. Very critically, they also banned staff members from speaking to reporters, either completely or without oversight by the authorities, often through a public information office. 

Among many other grave consequences, this meant that for years prior to the Covid pandemic, reporters were not allowed in the CDC facilities and they were blocked or severely controlled in terms of talking to any staff members, including some of the most important infectious disease experts alive.

As a veteran health reporter I have zero doubt that the pandemic's severity was due in significant part to the HHS agencies' control over scrutiny of themselves over many years. My question for anyone is: Why wouldn't it be? Are independent reporting from journalists and accountability from officials critical or not?

Tragically, the news coverage from years prior to the pandemic illustrates the constraints' impact. The media treated the agency as a rich stream of reports and scientific information from which we could gather stories. There was precious little accountability reporting examining the agency's competence in protecting the public. 

Please note that a former CDC media relations head has said that these controls grew more intense and more political over several administrations. Please also read a veteran FDA reporter's history of being squeezed out that agency and out of contact with people inside.

These are just some examples of why it is so hazardous to push for one agency to open access and be silent about the many others that are closed. 

Unfortunately, these type restraints on reporting have also become common at the state and local levels, as well as public and private organizations.

However, there is an important movement with journalists bringing actions in federal courts, with several favorable outcomes. 

The City of Miami was sued recently for its policy of forcing reporters to go through media offices to speak to any staff.

It's important that journalists can sue against the restrictions on their own accord, using a legal path researched by Frank LoMonte, Co-Chair of the Free Speech and Free Press Committee of the American Bar Association.

It's a fair to ask why there is not more outrage from the press about all these other agencies with restraints. Part of the answer is that the press comes from a long tradition in which many people try to hide things from us.  We in the media are rooted in the belief that, "Good reporters get the story anyway." However, there is much evidence, including information that emerges only after a long time, that we are frequently oblivious to important stories.

We use skill and hard work and we "get stuff," some of it very interesting and impactful. 

But as former New York University professor Jay Rosen, says, “The news system is not designed for human understanding. Even at the top providers, it’s designed to produce a flow of new content today - and every day."

We need to hold journalists to account for that. But we also need to ban all this censorship, not just part of it.

Senator Schatz: There are few things more deadly than information control by people in power. For example, if we don't understand whether we are ready for the next epidemic, there may be little else about military readiness that will matter. 

A list of resources is on my blog.

Thank you for your attention. I would be happy to talk to you or your staff.

Kathryn Foxhall

cc:

The bill's sponsors and staff.