US Justice Department announces plans to revoke critical protections for journalists

Today, the U.S. Department of Justice released a memo from Attorney General Pam Bondi directing the agency to rescind the current version of the “news media guidelines,” and publish a new policy. The guidelines, which have been in place since the Nixon administration, detail how and under what circumstances federal prosecutors can issue subpoenas, court orders, or search warrants for journalists’ testimony, work product, or other records. 

The guidelines were most recently updated in 2022 and expressly prohibited the Justice Department from using subpoenas or other investigative tools against journalists who possess and publish classified information obtained in newsgathering, with only narrow exceptions.

Responding to the announcement, Reporters Committee President Bruce D. Brown made the following statement: 

“We have seen this announcement, but we haven’t seen the language of the new policy. 

“Some of the most consequential reporting in U.S. history — from Watergate to warrantless wiretapping after 9/11 — was and continues to be made possible because reporters have been able to protect the identities of confidential sources and uncover and report stories that matter to people across the political spectrum. 

“Strong protections for journalists serve the American public by safeguarding the free flow of information.

“We’ll wait to see what the policy looks like, but we know reporters will still do their jobs, and there is no shortage of legal support to back them up.”

The Reporters Committee regularly files friend-of-the-court briefs and its attorneys represent journalists and news organizations pro bono in court cases that involve First Amendment freedoms, the newsgathering rights of journalists and access to public information. Stay up-to-date on our work by signing up for our newsletters and following us on Bluesky, LinkedIn, Instagram, Facebook, and X.