FBI raids on journalists' homes are a symptom of decades-long erosion of press freedom in the US. What began as a Nixon-era crackdown on whistleblowers has continued to spread, eventually becoming a hallmark of Trump's national security state.
The Espionage Act, originally intended to prosecute enemy spies, was first used against Daniel Ellsberg, who leaked the Pentagon Papers. This marked the beginning of a long line of abuses targeting journalists and their sources. Under Obama, the law became a go-to tool for prosecutors, transforming whistleblowers into criminals.
Targeting a journalist's source is an affront to press freedom, with consequences that quickly escalate against the journalist themselves. The government's pursuit of WikiLeaks' Julian Assange was an unprecedented effort to prosecute both the source and the publisher. The case was marked by "torturous conditions" for Manning and ultimately ended in a plea deal that convicted Assange.
The normalization of this tactics has been a slow build-up, starting with the 1980 Privacy Protection Act, which aimed to prevent law enforcement from seizing journalists' materials without probable cause. However, the law is relatively toothless, allowing government officials to assert a "good faith defense" and have its efficacy largely depend on police, prosecutors, and judges taking it seriously.
In recent years, we've seen numerous examples of these tactics being used against independent journalists. The FBI raided the home and office of Bryan Carmody in 2019, resulting in a lawsuit and settlement. Similar cases include Tim Burke's newsroom raid over alleged computer crime laws, and Kansas cops' attempt to obtain an illegal warrant for a newspaper last year.
The most recent raid on journalist Hannah Natanson's home marks another escalation in this pattern. The use of the Espionage Act as a tool to intimidate journalists and their sources has become a hallmark of Trump's national security state. It's a deadly weapon that can be wielded against the free press, especially by a president who has shown little regard for press freedom.
The erosion of press freedom is a gradual process, but it's clear that these tactics have been building momentum over decades. As Seth Stern and Chip Gibbons argue, this normalizes an approach to law enforcement that is both outrageous and chilling.
The Espionage Act, originally intended to prosecute enemy spies, was first used against Daniel Ellsberg, who leaked the Pentagon Papers. This marked the beginning of a long line of abuses targeting journalists and their sources. Under Obama, the law became a go-to tool for prosecutors, transforming whistleblowers into criminals.
Targeting a journalist's source is an affront to press freedom, with consequences that quickly escalate against the journalist themselves. The government's pursuit of WikiLeaks' Julian Assange was an unprecedented effort to prosecute both the source and the publisher. The case was marked by "torturous conditions" for Manning and ultimately ended in a plea deal that convicted Assange.
The normalization of this tactics has been a slow build-up, starting with the 1980 Privacy Protection Act, which aimed to prevent law enforcement from seizing journalists' materials without probable cause. However, the law is relatively toothless, allowing government officials to assert a "good faith defense" and have its efficacy largely depend on police, prosecutors, and judges taking it seriously.
In recent years, we've seen numerous examples of these tactics being used against independent journalists. The FBI raided the home and office of Bryan Carmody in 2019, resulting in a lawsuit and settlement. Similar cases include Tim Burke's newsroom raid over alleged computer crime laws, and Kansas cops' attempt to obtain an illegal warrant for a newspaper last year.
The most recent raid on journalist Hannah Natanson's home marks another escalation in this pattern. The use of the Espionage Act as a tool to intimidate journalists and their sources has become a hallmark of Trump's national security state. It's a deadly weapon that can be wielded against the free press, especially by a president who has shown little regard for press freedom.
The erosion of press freedom is a gradual process, but it's clear that these tactics have been building momentum over decades. As Seth Stern and Chip Gibbons argue, this normalizes an approach to law enforcement that is both outrageous and chilling.