Editorial: US Senate must pass PRESS Act now

The U.S. Senate has little time left in this tumultuous year but it must make sure to pass the PRESS Act.

Dubbed "Protect Reporters from Exploitative State Spying Act," the broadly supported bill would ensure federal protection for journalists. It would prevent authorities from abusing subpoena powers and protect reporters from being forced to reveal their sources.

Similar press protections already exist in 49 states, including Washington since 2007.

Yet at the federal level, reporters are protected by a loose patchwork of court decisions and limited, impermanent administrative decrees.

The case of Catherine Herridge illustrates why permanent, federal protections are urgently needed.

The former Fox News and CBS reporter is facing substantial fines and potentially jail because she is refusing to reveal sources.

At Fox, Herridge revealed a federal investigation into a Chinese American scientist. The scientist sued the government, alleging privacy violations, and the judge in that case ordered Herridge to reveal how she obtained the information.

There is a qualified reporter's privilege in D.C. federal courts "but its scope is unclear and it could be read in a way to make it pretty weak," said Gabe Rottman, policy director at the Reporters Committee for Freedom of the Press.

If the PRESS Act were in place, the subpoenaing of Herridge wouldn't have been allowed, he said.

U.S. Sen. Ron Wyden, D-Ore., deserves credit for sponsoring this bill and doggedly pursuing it for years.

His Washington state colleagues, Sens. Patty Murray and Maria Cantwell, have been extraordinary supporters of the press and have leadership positions for the rest of 2024. They should use their influence to help get the PRESS Act done immediately.

This is not controversial. The PRESS Act is a commonsense bill, upholding widely held values of press freedom, with exceptions for extreme situations such as terrorism.

An identical bill passed unanimously in the House in January, demonstrating that both Republicans and Democrats support the free press and value the work of investigative journalists.

The necessity was explained well by U.S. Rep. Kevin Kiley, R-Calif., the House co-sponsor, in a statement after the House vote.

"Liberty depends on the freedom of the press," Kiley said. "Journalists are often the first to expose government fraud, waste, abuse and encroachments on personal freedoms."

Kiley further made the case.

"A critical aspect of the freedom of the press is the pursuit of truth without government entanglements or intimidation," he stated. "Administrations from both political parties have unjustly targeted journalists and used compulsory process to obtain information from them about their sources. Most states have protected journalists from such interference, and it is past time for Congress to do so as well."

Indeed. This should be a priority for Republicans coming into power and focused on rooting out government waste, and for Democrats concerned about the resilience of democratic institutions and checks and balances.

In addition to making sure the press can do its job, Congress also has an obligation to ensure the press survives.

Also awaiting passage are bipartisan proposals to save newsroom jobs with tax credits (the Community News and Small Business Support Act) and give publishers a fighting chance against monopolistic tech companies (the Journalism Competition and Preservation Act).

Get the PRESS Act done now.

Then build on its consensus to pass the other journalism bills, to protect and ensure the survival of America's independent, free press system.