• FARA: Freedom of the Press, But On the Government’s Terms

    March 31, 2018 // 21 Comments »



    A bipartisan group of lawmakers called for Attorney General Jeff Sessions to investigate if Al Jazeera, the news outlet connected to the Qatari government, should register with the Justice Department as an agent under the Foreign Agents Registration Act (FARA.)

    This has broad implications for our First Amendment, our access to dissenting opinions, and in how the rest of the world views us.


    The lawmakers claim Al Jazeera “directly undermines American interests” and broadcasts “anti-American, anti-Semitic, and anti-Israel” material. Al Jazeera would join Russian outlets RT and Radio Sputnik, Japan’s Cosmomedia, the Korean Broadcasting System, and the China Daily in registering as foreign state propaganda outlets. DOJ has also been asked to look into a range of other Chinese media.

    Ironically, the bipartisan request to force Al Jazeera to register comes amid a controversy over the network’s filming of a documentary critical of pro-Israel lobbying in the U.S. The network used an undercover operative to secure footage revealing possibly illegal interactions between advocacy groups and lawmakers.

    The Foreign Agents Registration Act was never intended to regulate journalism. The legislation in fact includes finely-worded exemptions for approved journalists, scholars, artists, and the like, who are not required to announce themselves as “agents of a foreign principal” regardless of what they create. The law was created in 1938 in response to German propaganda, specifically Nazi officials and those they employed to make pacifist speeches in then-neutral America and to organize sympathetic German-Americans. By requiring those working for the Nazis to register, and report their finances and spending, U.S. counterespionage authorities could more easily keep track of their activities.

    FARA law doesn’t even prohibit straight up propagandizing, though it seeks to limit the influence of foreign agents by labeling their work, apparently to help out Americans who otherwise would not be able to tell the difference on their own. The law specifically says “Disclosure of the required information facilitates evaluation by the government and the American people of the statements and activities of such persons in light of their function as foreign agents.” Indeed, the Atlantic Council claims these actions “do not suppress freedom of speech; instead, it serves the First Amendment by supplementing information available to the public.”

    Here’s a use of FARA in line with the law’s original intent: the Abu Dhabi Tourism and Culture Authority, whose job is to lobby Americans on behalf of a foreign government, in this case, to take vacations in Abu Dhabi, is a FARA registrant. You know who is up to what when the Abu Dhabi Tourism and Culture Authority says they have decent beaches you should visit. Other typical registrants might include an American lawyer hired by Saudi Arabia to lobby Congress in favor of more arms sales. Being a foreign agent is happily legal and very popular with former Congresspeople and government bureaucrats; you just need to announce your employer.


    But FARA can also serve a more nefarious purpose, as a Catch-22 prosecution (a “compliance statute”) for those the U.S. wants to declare as foreign agents but who resist; if the feds want to taint you as a foreign agent, you either agree and register, or face jail.

    That is what happened in the case of RT and Radio Sputnik. Following the 2016 election, frightened officials demanded the Russian news organizations register as propaganda agents. RT’s editor-in-chief maintained her network was an independent news outlet, but chose to comply rather than face criminal proceedings, adding “we congratulate the American freedom of speech and all those who still believe in it.” Critics then swung RT’s snarky comment on free speech into “proof” it unfairly criticizes America.

    The use of FARA to allow the government to declare which foreign media outlets produce “news” and which produce “fake news” and propaganda is “a shift in how the law has been applied in recent decades,” said the Committee to Protect Journalists. “We’re uncomfortable with governments’ deciding what constitutes journalism or propaganda.”


    As the Justice Department wields the FARA weapon against journalists, here’s what they will face.

    Designation under FARA requires a media outlet label its reporting “with a conspicuous statement that the information is disseminated by the agents on behalf of the foreign principal,” a nutritional label for journalism. It also means the outlet must open its finances to the Department of Justice. It means Americans who choose to watch that media, or participate in its talk shows, or who work legally for those outlets, open themselves to accusations of “treason” (one political staffer was fired after being interviewed by Radio Sputnik.) It adds credence to the muddy cries of “fake news” used to shut out dissenting opinions. It gives credibility to groups like PropOrNot, which lists websites it “determines” are Russian propaganda, and Hamilton 68, which does the same for Twitter.

    Subjecting journalists to FARA sends a message about America. It encourages foreign governments to impose restrictions (Russia has already passed a law requiring outlets like CNN to register as foreign agents.) It uses the full authority of the American government to declare Al Jazeera, a network which reaches 310 million people in more than 160 countries, has no equal place within a free press because its broadcasts are “anti-American, anti-Semitic, and anti-Israel.” In the specific case of Al Jazeera, it seemingly extends America law to cover anti-Israeli propaganda as well. As with attempts to claim Wikileaks is espionage and not journalism, this use of FARA says the U.S. will use its laws to harass those with “un-American” opinions.

    The use of FARA to restrict foreign journalists also adds to rising sense among too many already frightened Americans that our freedoms are being used against us. “The U.S. is at a huge strategic disadvantage when it comes to the New Media Wars because our information environment is so open and rich,” said one former CIA Deputy Director of Intelligence. Perhaps too many dissenting voices isn’t a good idea. The Internet is just too much freedom for the First Amendment to responsibly allow. Maybe the government should become more involved in what we say, hear, watch, and read, as Facebook and Twitter (who banned RT from advertising) do now, you know, for our own protection. Our open society is a vulnerability, not a strength.


    The roots of our most basic rights flow from the freedom of the press written into the First Amendment. The press must be unfettered in reporting so citizens can make informed decisions when voting, protesting, and petitioning their government. Government should play no role in designating good journalists from bad, licensing who can report, or otherwise interfering with access to a broad range of ideas. Sorting out the marketplace of ideas — opposing opinions, bias exposed and hidden — is supposed to be our job as an informed citizenry anyway.



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    Copyright © 2018. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

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    Posted in Democracy, Post-Constitution America

    On al Jazeera Speaking about Third Party Candidates

    October 27, 2012 // 11 Comments »

    I spent some time on al Jazeera television this week, speaking about the importance of third party presidential candidates.


    Too many important issues– climate change, defense spending, drone wars– are either not discussed at all by the mainstream candidates, or are brushed off the debate table with muttered agreement. Third Party candidates serve to bring those issues into the conversation.


    Unfortunately, these candidates get little-to-no mainline media coverage, and their debate was limited to C-Span and alternative outlets like al Jazeera.

    Good luck, of course, finding sources like al Jazeera on your local cable provider. You can, however, watch it online for another view of the day’s events.




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    Posted in Democracy, Post-Constitution America

    Of hearts and minds won in Iraq and the legacy left behind

    February 18, 2012 // 1 Comment »

    AL ARABIYA is one of the leading Arabic-language news sources in the Middle East, with readership concentrated in Saudi Arabia. They were kind enough to review my book, We Meant Well.

    The review notes:

    There’s been an increase of news reports recently assessing portions of the legacy of the work and money spent by international forces along with aid workers in Afghanistan.

    If the book, “We Meant Well: How I Helped to Lose the Battle for the Hearts and Minds of the Iraqi People,” provides any insight, the legacy could be defined by a few successes, but also, sadly, an overall environment of inefficiency, ignorance and a startling cluelessness that even billions of dollars couldn’t cure.

    But the humor doesn’t mask his ultimate conclusion about the nation-building efforts of America and its allies. “Our efforts, well-meaning but always somewhat ignorant, lacked a broader strategy, a way to connect to local work with national goals,” he writes. “Some days it felt like the plan was to turn dozens of entities loose with millions of dollars and hope something fell together,” something akin to monkeys typing, an effort which might produce Shakespeare.

    In “We Meant Well,” Van Buren chronicles jaw-dropping sums being spent on a dizzying array of programs. At $63 billion and counting, “we were the ones who famously helped paste feathers together year after year, hoping for a duck.”


    You may also want to read a write up from a recent speaking engagement I had in Camden, Maine, or commentary on that same appearance from the Government Accountability Project.

    The review in Al Arabiya follows Al Jazeera reprinting my recent article on whistleblowers facing retaliation from the US government, including my own case. I have spoken with journalists from the UK, Iran, Belgium, the Netherlands, Russia, France and Japan. It remains something between amusing and just plain sad that while these news sources feel it important to bring a variety of opinions to their readers, and while even the US Army asked to hear me speak about reconstruction, all the State Department can seem to do is label me as insubordinate, like they are but some lousy naked emperor, embarrassed. It is not about agreeing, but agreeing to listen. Oh well.



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    Posted in Democracy, Post-Constitution America

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