Kiley, Raskin Introduce Bipartisan, Bicameral PRESS Act to Uphold First Amendment Principles

Washington, D.C. (6/21/2023) – Today, Representatives Kevin Kiley (R-CA-03) and Jamie Raskin (D-MD-08) introduced bipartisan, bicameral legislation to uphold First Amendment Principles. A companion bill has been introduced by Senators Lee, Durbin, and Wyden in the US Senate. The PRESS Act unanimously passed the House in the 117th Congress.

“As acknowledged by America’s founders, the freedom of the press to report on and disseminate information is critical to our republic,” said Rep. Kiley. “Our bipartisan legislation further codifies these First Amendment principles into law and will mitigate infringement upon the Constitution by the federal government.”

“Our Constitution provides that no law shall abridge the freedom of the press and inspires us to protect journalists against government overreach and abuse of the subpoena power,” said Rep. Raskin. “Our bipartisan PRESS Act vindicates the promise of journalistic freedom. I’m grateful to Rep. Kiley and Sens. Wyden, Lee and Durbin for their partnership on this legislation and their recognition of press freedom as a fundamental democratic imperative.”

“In a world where information is power, the role of reporters as truth-seekers and watchdogs cannot be understated. Recent events, however, have cast a chilling shadow over their pursuits. Law-enforcement agencies have resorted to clandestine tactics, subpoenaing emails and phone records in an effort to unmask confidential sources,” said Senator Lee. “Not only is this legislation imperative to shield journalists from unnecessary government surveillance, but it is also necessary to protect the public’s right to access information, hold their elected officials accountable, and actively participate in representative government. We must seize this opportunity and ensure that the Fourth Estate remains an indomitable force in its quest for truth.”

Background: The PRESS Act ensures reporters cannot be compelled by the government to disclose their confidential sources or research files, and also protects their data held by third parties like phone and internet companies from being secretly seized by the government without the opportunity to challenge those demands in court. The bill shields journalists’ communications records from the government, with narrow exceptions for terrorism and threat of imminent violence or harm.

While 48 states and the District of Columbia have some form of shield law or reporter’s privilege, protections vary significantly, and there is no federal shield law, and the state laws do not apply to investigations by federal agencies, such as the DOJ. Importantly, there are currently no legal restrictions that prevent the government from secretly obtaining a reporter’s records directly from phone companies, email providers and other third parties in order to identify their sources.

It is endorsed by: News/Media Alliance, Radio Television Digital News Association, National Association of Broadcasters, Freedom of the Press Foundation, Demand Progress, American Civil Liberties Union, Committee to Protect Journalists, Reporters Without Borders, Reporters Committee for Freedom of the Press, Electronic Frontier Foundation, Defending Rights and Dissent, PEN America, Center for Democracy & Technology, First Amendment Coalition, ARTICLE 19, Protect the 1st Foundation, Online News Association, Coalition For Women In Journalism, Knight First Amendment Institute at Columbia University, Government Information Watch, Institute for Nonprofit News, New York News Publishers Association, Surveillance Technology Oversight Project, Granitt, Illinois Eagle, J. The Jewish News of Northern California, Tucson Sentinel and Arizona Press Club.

You can read the bill text here and a summary here.

Recent Posts

Feb 28, 2024
In the Community

Representative Kiley Cosponsors the Give Kids A Chance Act to Fight Childhood Cancer

WASHINGTON – Representative Kevin Kiley (R-CA) has cosponsored the Give Kids A Chance Act, a bipartisan bill to provide children access to cutting-edge trials and therapies for cancer. Children facing life-threatening cancers would have new opportunities for cutting-edge treatment under legislation supported by U.S. Rep. Kevin Kiley. “Adults have access to multiple treatments and therapies, but […]

Feb 8, 2024
Fire Management

Representative Kiley Introduces the SAFE HOME Act to Protect Homeowners from Wildfires

WASHINGTON – Representative Kevin Kiley (R-CA) recently introduced H.R. 6861, the Supporting Affordable Fire Emergency Hardening through Optimized Mitigation Efforts (SAFE HOME) Act. Californians struggling to pay higher home insurance rates and harden their homes against fires would find relief under new legislation sponsored by Representative Kevin Kiley. “The federal government needs to be more proactive […]

Feb 2, 2024
In the Community

Rep. Kiley to Join Placer, Nevada, and El Dorado County District Attorneys in Support of initiative to Reverse Prop. 47

On Saturday, February 3, Representative Kevin Kiley will join Placer County DA Morgan Gire, Nevada County DA Jesse Wilson, El Dorado County DA Vern Pierson, and former Sacramento County DA Anne-Marie Schubert at a signature gathering event for the initiative to amend Prop. 47. The initiative has already gathered over 300,000 signatures. A total of […]