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Are journalists raided because they're doing their jobs too well?
More than 50 organizations have demanded transparency over the FBI's May raid of journalist Tim Burke's home newsroom.
Courtesy of Tim BurkeThe FBI raided Florida journalist Tim Burke’s home newsroom in May following publication of outtakes — which Burke says he obtained online through a publicly accessible URL — from Tucker Carlson’s interview with rapper and fashion superstar Ye, formerly known as Kanye West.
Following the raid, more than 50 press freedom organizations sent a letter to the Department of Justice demanding transparency about how the government believes Burke’s newsgathering broke federal computer hacking laws, and whether the DOJ followed the law and its own guidelines in authorizing the search on Burke’s home newsroom.
As Burke continues to fight for the return of his data and equipment, such as computers and hard drives, Freedom of the Press Foundation Deputy Director of Advocacy Caitlin Vogus spoke about the case and its connection to other recent press freedom threats on the National Press Club’s Update-1 podcast.
Vogus explained:
“[T]his is a really important issue for journalists working around the country. They need to know, especially if they’re freelancers, that the DOJ is going to apply the Privacy Protection Act and its own policies when it comes to investigations of journalists. And they need to know whether what they are doing in their online investigations could be considered to violate federal law in the eyes of the government.”
Listen to the full episode here.
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Appeals Court Sides With Author Sued Over ProPublica Article
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A New York state appeals court has handed freelance journalist William D. Cohan a legal victory, affirming the dismissal of a defamation lawsuit filed against him by the subject of an article published by ProPublica. Ruling with unusual dispatch — the court issued its opinion on Oct. 31, only three weeks after oral arguments — it declared that the article “flatly contradicts the existence of actual malice,” the standard of proof that a public figure must meet to win a libel suit. “The plaintiff failed to show,” the opinion stated, “that his claims had a substantial basis in law.”
The plaintiff, Jide Zeitlin, sued Cohan in 2021, claiming that he was defamed by the article, “The Bizarre Fall of the CEO of Coach and Kate Spade’s Parent Company.” The article examined Zeitlin’s rise from being the son of a Nigerian maid to a Goldman Sachs partner and Fortune 500 CEO, and then his downfall, as allegations of an extramarital affair with a woman he photographed contributed to his resignation from Tapestry, the corporation that owns Coach and other brands.
In its four-page opinion, the appeals court credited the fact that Cohan cited Zeitlin’s denials in the article, provided links to original documents so that readers could judge for themselves and relied on a “host of other sources whose reliability plaintiff does not challenge.” As the opinion put it, “plaintiff’s allegations of actual malice rest largely on his own statements.”
“We are extremely gratified by this victory,” said Jeremy Kutner, ProPublica’s general counsel. “The court immediately recognized that the article was balanced and deeply reported, rejecting Zeitlin’s claims just three weeks after it heard the case.”
ProPublica was represented by Jay Ward Brown and Emmy Parsons of Ballard Spahr LLP.
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