Press Freedom Coalition Fighting Trump’s Unconstitutional Media Attacks

Defending Rights & Dissent joined a media and press freedom coalition on a new amicus brief led by The Intercept’s Press Freedom Defense Fund, whose statement we’re crossposting below. 

By constitutional design, the press is antagonistic to the government. As the late Supreme Court Justice Hugo Black wrote in his opinion defending the publication of the Pentagon Papers more than 50 years ago, “Only a free and unrestrained press can effectively expose deception in government.”

Such a free and unrestrained press requires a cohort of committed legal advocates. Whether to counter the federal government’s repeated insistence on ignoring freedom of information laws, or the Trump administration’s overt hostility and retaliation against news organizations that confront and debunk its unconstitutional narratives, a robust network of attorneys is needed to protect the press’s constitutional function.

That’s why President Donald Trump’s unconstitutional executive order aiming to punish preeminent United States law firms over their pro bono clients represents an unacceptable attack on the legal profession and poses a threat to an independent press. And that is why 42 media organizations and press freedom advocates, led by The Intercept’s Press Freedom Defense Fund, filed an amicus brief Thursday urging the U.S. Court of Appeals for the District of Columbia to affirm four District Court decisions. All four lower courts found the Trump administration’s executive order that imposed sanctions on law firms for representing President Donald Trump’s political opponents unconstitutional.

The amicus brief, authored by Andrew Sellars and Kendra Albert of Albert Sellars LLP, argues that the press plays an essential role as both a proxy for the public and a check on government power. This role requires an oppositional relationship with government interests. The president’s executive orders targeting lawyers with clients opposed to his agenda severely restricts press organizations’ access to legal counsel, particularly for outlets relying on pro bono or reduced-fee representation.

“An independent media requires First Amendment champions to guarantee citizens access to the information necessary to hold our government accountable,” said David Bralow, PFDF’s legal director. “This is why The Intercept’s Press Freedom Defense Fund, legal advocates, and other partner organizations nationwide filed an amicus brief to prevent the administration’s unconstitutional efforts to intimidate lawyers fulfilling their professional oaths.”

The coalition includes news organizations, press associations, advocacy groups, media law firms, and individual attorneys with over five centuries of collective experience in First Amendment and press freedom issues.

“We are honored to represent this august group of news outlets, advocacy organizations and First Amendment attorneys at the D.C. Circuit. The public needs the press, and the press needs independent counsel, who cannot be subject to sanction because the president dislikes their clients,” said Kendra Albert, partner at Albert Sellars LLP.

“The Press Freedom Defense Fund exists for moments like this one. Alongside 42 coalition partners, we are drawing a clear line: a free press is not a privilege this or any administration may revoke,” said Annie Chabel, The Intercept’s CEO. “It is a constitutional right — and so is the independent counsel required to defend it.”