Photo by Nellie Adamyan on Unsplash
UPDATE: The Pittsburg Post-Gazette editorial board weighed in on this lawsuit: Editorial: Pittsburgh journalist’s lawsuit could transform government transparency
The editorial says, in part: “Ms. Hailer’s lawsuit, filed on her behalf by the Yale Law School Media Freedom and Information Access Clinic and the Reporters Committee for Freedom of the Press, could have broad ramifications for the ability of the public to find out essential information about matters of public importance. We hope and expect her to prevail in a case that could go all the way to the Supreme Court of the United States, and enhance press freedom for generations to come.
“Over the past few decades, governments and other agencies have tightly constricted access to the people who actually make the decisions and know, first-hand, key information about public policy, public health, public safety and other public matters. During that time, a system of spokespeople and public information officers (PIOs), who serve as information clearinghouses and buffers between officials and the press (and therefore the public), has become the norm.
“While these people are often competent and generous professionals, they aren’t always — and their work depends on the culture of organizations they serve. Further, even in the best-case scenario, by filtering everything through the media office this system restricts access of journalists to experts and decision-makers.”
SPJ DC Pro Chapter board member Kathryn Foxhall, a tireless advocate for loosening restrictions on journalists’ access to government agency experts imposed by rules and the use of public information officers who often are the chokepoint on providing that access, has been working behind the scenes on this latest development in that fight. An investigative reporter in Pennsylvania has filed a lawsuit challenging the Allegheny County Jail over its policies prohibiting staff and contractors from speaking to the media or others about the jail without approval.
Foxhall said: “Information control is one of the most abusive, deadliest things in all human history, even when leaders believe in what they are doing. Journalists take pride in the notion that, ‘Good reporters get the story anyway.’ But we don’t know what remains hidden. We need to fight these bans as if many lives depend upon it. They do.”
Following is her announcement about the ground-breaking lawsuit.
To SPJ folks:
Yesterday [Thursday, Aug. 17, 2023] a Pittsburgh investigative reporter filed suit against the Allegheny County Jail [in Pennsylvania] for rules gagging employees from speaking about anything related to the facility.
The case is believed to be the first such suit brought by a journalist.
This is a momentous point in the long fight against restrictions that block reporters altogether or force them to be overseen by the authorities, often through a public information office.
The Yale Law School Media Freedom and Information Access Clinic and the Reporters Committee for Freedom of the Press brought the suit.
The release is on the SPJ site.
I cannot emphasize enough that this is about SPJ’s work.
We approached a number of people over time, and three years ago the Yale Media Clinic picked up on it, in particular because Frank LoMonte had written a road map for journalists’ legal action. RCFP joined several months ago.
The terrific reporter bringing the suit, Brittany Hailer, told me that there was a lot of confusion in her mind and in talking to others about the gag rules: Like: can they really do this? Why?
Then somebody put her in touch with SPJ and suddenly, “The adult was in the room.”
SPJ was in the person of Haisten Willis at that point.
Hang together folks. We are a terrifically important network.
Kathryn
Here is an excerpt from the SPJ release:
“These speech bans, which journalists have seen grow more pervasive and controlling, are among the most damaging threats to free speech and public welfare today,” said SPJ National President Claire Regan. “SPJ has repeatedly led in opposing these restrictions which it has called censorship and authoritarian. [Brittany] Hailer’s suit shows journalists themselves can fight back in court against people in power silencing subordinates in terms of talking to reporters or forcing them to report conversations to authorities.”
The Yale Law School Media Freedom and Information Access Clinic and the Reporters Committee for Freedom of the Press filed the suit on behalf of Hailer, director of the Pittsburgh Institute for Nonprofit Journalism, whose work is funded in part by The Pulitzer Center.
The complaint says, “The Gag Rules prevent reporting that is urgently needed to inform the public about conditions and events at the Jail and unconstitutionally impede news coverage of the Jail needed for meaningful public oversight and accountability.”
Hailer has reported extensively on problems at the Allegheny County Jail. For example, the suit claims, since April 2020, at least 20 men have died after entering the jail, with circumstances of many of the deaths being unclear and, “in several cases, the Jail has never provided medical records to family members to confirm a cause of death.”
“This case presents an important issue for reporters at a time when agencies at every level of government are barring their employees from talking with the press,” said David Schulz, director of the Media Freedom and Information Access Clinic. “The issue at the heart of this case goes directly to the ability of the press to ferret out the news the public needs for democracy to function.”