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This Report Is Also Available in PDF Format It’s not just SPECIAL REPORT | MAY 2017 Trump: US media freedom fraying at the edges A review of threats to press freedom US MEDIA FREEDOM INDEX About this report HIS NON-EXHAUSTIVE STUDY of threats to media freedom in the United TStates researched over 150 publicly report- ed incidents involving journalists. It uses the criteria developed for and employed by Mapping Media Freedom, Index on Cen- sorship’s project launched in May 2014 that monitors the media landscape in 42 European and neighboring countries. This survey reviewed media freedom violations that occurred in the United States between June 30, 2016, and February 28, 2017. Reports were submitted by a team of researchers. Each incident was then fact- checked by Index on Censorship against multiple sources. ACKNOWLEDGEMENTS INDEX ON CENSORSHIP is a UK- based nonprofit that campaigns against Author: Sally Gimson censorship and promotes freedom of ex- Editor: Sean Gallagher pression worldwide. Founded in 1972, Index has published some of the world’s Research: Hannah Machlin, leading writers and artists in its award- Elise Thomas, Amanda James, winning quarterly magazine, including Laura Stevens, Alex Gibson, Gary Dickson, Courtney Manning, Nadine Gordimer, Mario Vargas Llosa, Madeline Domenichella Samuel Beckett and Kurt Vonnegut. Index Additional research/editing: promotes debate, monitors threats to free Ryan McChrystal, Melody Patry, At- speech and supports individuals through its ticus O'Brien-Pappalardo, annual awards and fellowship program. Esther Egbeyemi, Samuele Volpe, Jemimah Steinfeld llustrations: Eva Bee Design: Matthew Hasteley 2 INDEXONCENSORSHIP.ORG US MEDIA FREEDOM IT’S NOT MEARS ABOUT THE media made by US have also been caught up in the move to tight- SPresident Donald Trump have obscured a en border security, a trend that began during JUST wider problem with press freedom in the Unit- President Barack Obama’s administration but ed States: namely widespread and low-level gathered pace after the Trump inauguration animosity that feeds into the everyday work- on January 20, 2017. Without clear guide- ing lives of the nation’s journalists, bloggers lines, journalists have found themselves at and media professionals. This study examines the mercy of Customs and Border Protection documented reports from across the country agents who have seized and searched their TRUMP: in the six months leading up to the presi- electronic devices. dential inauguration and the months after. It The arrests and border searches come as clearly shows that threats to US press freedom states are introducing new legislation or in- go well beyond the Oval Offi ce. terpreting older laws in ways likely to have a “Animosity toward the press comes in many detrimental effect on reporting. forms. Journalists are targeted in several ways: For citizen reporters and freelancers, who US MEDIA from social media trolling to harassment by do not have the protection of media organiza- law enforcement to over-the-top public criti- tions, the climate was already hostile and is cism by those in the highest offi ce. The nega- now becoming more so. As the experience of tive atmosphere for journalists is damaging Gawker has shown, even large media websites for the public and their right to information,” can be driven out of business if they rile the FREEDOM said Jodie Ginsberg, CEO at Index on Cen- rich and powerful. sorship, which documented the cases using “Attention on the media has focused on an approach undertaken by the organization the very public spat between Donald Trump to monitor press freedom in Europe over the and major news outlets,” Melody Patry, head past three years. of advocacy at Index on Censorship, The US study shows journalists said. “But this survey shows that FRAYING have been on the receiving end threats to media freedom of online and offl ine har- ass- are far more deep-rooted ment, as well as being and affect local journalists, arrested and charged bloggers and investigative with criminal of- reporters across the country. fenses just for This is a serious cause for AT THE doing their job. concern in a country that Reporters prides itself on the First traveling into Amendment principles the country protecting a free press.” EDGES CREDIT: Eva Bee 3 INDEXONCENSORSHIP.ORG US MEDIA FREEDOM INDEX The law enforcement response to protesters and reporters has been increasingly militarized in the state according to the American Civil Liberties Union. In August 2016 the former Arrests and governor of North Dakota Jack Dalrymple (R) declared a state of emergency. Among journalists arrested and charged were Amy Goodman, host of the news pro- detainments gram Democracy Now! She was taken into custody on September 3, 2016, after she fi lmed private security guards employed by Dakota Access LLC using dogs and pepper spray to disperse the protests against construc- HE ARREST OF journalists covering dem- producer, a photojournalist, a live-streamer tion work. Her video has been viewed over 14 onstrations poses one of the largest direct and a freelance reporter. However, charges million times on Facebook. At fi rst Goodman Tthreats to the freedom of reporters perform- against four of the journalists were dropped was charged with a misdemeanor offense of ing their professional duties. Not only are they nine days later. Charges against videographer criminal trespass, but that was escalated by physically removed from the protests but they Shay Horse were dismissed on February 21. the state attorney to a rioting felony. A district are also being charged with serious criminal Only freelance reporter Aaron Cantu remains judge fi nally dismissed the charges in October. offenses. Previously journalists may have been charged with felony rioting. In another pipeline protest, documentary charged with misdemeanors – the most seri- Other examples of reporters targeted dur- filmmaker Deia Schlosberg was detained ous of which only carries a large fi ne or up to ing protests include those covering the Dakota while fi lming a demonstration on October 11, a year in prison. Now they are being charged Access Pipeline and Black Lives Matter dem- 2016, where climate change activists manually with felonies, which can carry decades in jail. onstrations discussed in more detail below. closed off the TransCanada Keystone Pipeline “This trend towards treating reporters at More incidents suggest law enforcement of- in Walhalla, North Dakota, which brings tar Skagit County in Washington state, docu- protests as active participants is alarming. Al- fi cers need training and directives to respect sands oil across the border from Canada. It mentary producer Lindsey Grayzel and her though these charges are most often dropped, journalists’ rights to cover events – like the was one of fi ve similar demonstrations that cinematographer Carl Davis were arrested the continuing arrests could cause journalists case of Chris Hayes, a Fox 2 St. Louis jour- day held by climate change activists as an act and held for 24 hours for fi lming activist Ken to think twice about covering a demonstration nalist, who on June 30, 2016, was handcuffed of solidarity with the campaign against the Ward manually closing off the Trans Moun- or reporting on police abuses against partici- and shackled to a bench in Kinloch, Missouri. DAPL. Schlosberg was charged with three of- pants,” Hannah Machlin, project offi cer for He was detained after objecting to being fenses which could have landed her in prison Index on Censorship's Mapping Media Free- barred from a public meeting on uninsured for 45 years: conspiracy to theft of property, I don’t see why I would not be dom, said. and unregistered police cars, a story that Fox conspiracy to theft of services and conspiracy allowed to get a photo of peaceful This pattern did not begin with the election 2 had originally investigated. Hayes was is- to tampering with or damaging a public ser- of Trump. These decisions were also taken sued a court summons for failure to comply vice. The charges were eventually suspended protesters being arrested. If that is during the Obama administration by local law and disorderly conduct. and will be formally dropped, but only if she off limits, what else is? enforcement agencies and state attorneys. commits no further crimes for six months. Six journalists who were covering protests North Dakota Access Pipeline (DAPL) Schlosberg told The Guardian that she hasn’t at Trump’s inauguration were arrested in the and associated protests covered a protest since October to avoid se- tain pipeline. Grayzel is in the process of mak- capital and charged with felonies, the most se- Several journalists and documentary fi lmmak- rious consequences were she to be arrested ing a documentary about Ward. vere punishment under Washington DC’s law ers covering protests against the controversial again, demonstrating the effect that such ac- Though neither Grayzel nor Davis were on against rioting. oil pipeline project have been arrested and tions can have on journalism. pipeline property, they were charged with sec- They included two reporters, a documentary charged with felonies. On the same day, at another protest near ond-degree burglary, criminal sabotage and ➔ 4 INDEXONCENSORSHIP.ORG US MEDIA FREEDOM INDEX ➔ assemblage of saboteurs, all felony cases highway.” Within the week all charges against which could lead to a 30-year prison sentence. him had been dropped. The charges were ultimately dismissed, but Two other journalists were also arrested Grayzel said the police still had her memory at the same demonstration. WAFB (a CBS- cards with footage on them, her phone and affi liated TV station for Baton Rouge) assis- her notes. tant news editor Chris Slaughter, who was The charges against other filmmakers, clearly identifi ed by his staff shirt and media who also fi lmed activists on October 11, are credentials, and Breitbart News reporter Lee still pending and they could still face prison Stranahan were charged with obstruction of a sentences.
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