• 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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    Posted in Democracy, Post-Constitution America

    Credibility Tips for Journalists

    December 13, 2016 // 32 Comments »




    The working journalists of America sh*t the bed with their election coverage this year.

    For the most part, the media as a whole fetishized the Clinton candidacy (first woman ever! most experienced candidate ever! dynasty!) and treated Trump as an oaf when they weren’t calling him Hitler and parading any person who wished to accuse him of something before the cameras. That pattern continues now, though the accusations have changed from sexual harassment to near-treason on behalf of Putin.

    Alongside this circus were scum stories on all facets of the campaign attributed to… no one. “Sources close to the campaign said,” or “Officials who could not be identified” and so forth. It almost gave the impression reporters were just making stuff up. Alongside that were many media outlets that simply reprinted others’ stories, so that a piece of journalistic garbage flew around the Internet without anyone asking any questions or verifying the contents.

    It was sad. The result was the media at large has little credibility left with the public. When people have a hard time figuring out whether or not you’re reporting fake news, you have a problem.

    So, as a public service, here are some credibility tips for journalists:

    — Don’t just write apocalyptic stories warning what Trump might do (impose tariffs, restrict abortion) without also telling us what would have to actually happen for the change to take place. Will he simply need to sign an Executive Order? Get Congress to pass a law? Take a case to the Supreme Court? Because screeching about something that might happen without letting us know how realistic that happening is is poor work.

    — Along with the above: go easy on the might happen stuff. Don’t whisk your readers from a phone call with Taiwan’s president to war with China by this weekend. Think twice before publishing any headline that includes “Trump Might…”

    — On a similar note, try to work in some of the following to your pieces: context, named sources, perspective, explanation, less undergrad simple conjecture. So, for example, in a story about the Million Woman March being denied a permit to protest on the grounds of the Lincoln Memorial, mention that (to date) no one has been issued any permits, it’s too early. Tell us it has been since at least the 1980s that a large scale protest permit has been issued for the Memorial. Explain that the decision to issue/refuse is made by the National Park Service, which is under the control of Obama, not Trump. Note that since the 1980 Reagan inauguration protest space at the ceremony has consistently been reduced. That makes a much better article than a headline screaming “Trump Denies Women’s Right to Protest.”

    — In fact, more fact and less bombast in general is a good thing. Separate fact from conjecture from opinion, old journalism school style.

    — Remember the words alleged and accused. Use them not only for criminals, but when an (alleged) victim makes a statement claiming a politician or celebrity assaulted them.

    — Alleged and accused are especially important words when reporting on hate crimes. Reports of hate crimes stir up a lot of explosive motions. Report responsibility. Victim shaming is bad; exercising healthy journalistic inquiry is essential. It is your job.

    — And those anonymous sources. There are important roles for anonymous sources, but not to report smears, gossip, innuendo, political speculation, or to play into political manipulation. If you don’t have on-record sources, and you’re not reporting on the next Edward Snowden, check to see if you have a story you can report responsibility.

    — Question the information, less the source, but stay awake that all sources have an agenda. If you don’t know what it is and how you are playing into it, stop and figure that out before you go to print.

    — Control your partisanship. Journalists, remember a few years ago when Fox became so grossly overtly one-sided, and how little you thought of them? That’s what a lot of people think of you now.



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    Copyright © 2017. 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

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