Negative theory recognizes the press’s vulnerability to government retaliation.
Press Freedom
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Press Statement
Appeals Court Says Public and Press Have First Amendment Right to Access Bail Hearings
Public access to court proceedings is fundamental to our democracy, Knight Institute says
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Deep Dive
Don’t Assume the First Amendment Will Thwart Trump’s Pro-Censorious Agenda
With Trump in the Oval Office, the U.S. Supreme Court will find itself having to answer questions it has sidestepped for years.
By Jameel Jaffer -
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Press Statement
Federal Court Says Warrant Required for Device Searches at the Border
Cites concerns about chilling effects of warrantless searches on free speech & press freedom
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Essays and Scholarship
Recursive Press Freedom as the Capacity to Control and Learn From Mistakes
Toward a self-constituting, self-aware, self-monitoring, and self-correcting synthetic press in an era of generative artificial intelligence
By Mike Ananny -
Essays and Scholarship
The Other Press Clauses
State-level press protections could supplement the First Amendment's Press Clause
By Christina Koningisor -
Essays and Scholarship
Reconstructing the First Amendment: Teaching Disenfranchised Perspectives on Press Freedom
A case for a reparative journalism approach to teaching the First Amendment and press freedom
By Meredith D. Clark -
Essays and Scholarship
Policing Press Freedom
A discussion of the limitations of press exceptionalism
By Hannah Bloch-Wehba -
Essays and Scholarship
Legal Foundations for Non-Reformist Media Reforms
A positive-rights paradigm for guaranteeing a universal press system
By Victor Pickard -
Essays and Scholarship
The Future of Press Freedom
An introduction to "The Future of Press Freedom," a project featuring contributions from nearly 30 of the nation’s leading legal and media studies scholars
By RonNell Andersen Jones & Sonja R. West -
Essays and Scholarship
Distorting the Press
An exploration of First Amendment tools that protect publicly subsidized journalism against state capture
By Heidi Kitrosser -
Essays and Scholarship
Innovation Policy and the Press
A survey of policy possibilities that could protect and sustain local news
By Christina Koningisor & Jacob Noti-Victor -
Essays and Scholarship
From Bloggers in Pajamas to the Gateway Pundit
How government entities do and should identify professional journalists for access and protection
By Richard L. Hasen -
Deep Dive
Post-Newspaper Democracy and the Rise of Communicative Citizenship: The Good Citizen as Good Communicator
People, in addition to the media, should facilitate the flow of reliable civic information.
By Nik Usher -
Deep Dive
Fitting a Square Peg into a Round Hole: Why Traditional Free Press Doctrines Fail in Dealing With Newer Media
There are areas of social media and the internet wherein existing First Amendment doctrine is likely to fail.
By Erwin Chemerinsky -
Deep Dive
The Constitutional Exceptionalism of Religion & the Press
Protecting the press as an exceptional democratic institution
By Amanda Shanor -
Deep Dive
Journalism and Academia: Knowledge Institutions Buttressing Constitutional Democracy
By Vicki C. JacksonAn analysis of two different knowledge institutions that serve democracies
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Deep Dive
What Journalists “Know” About Our Free Press That Just Ain’t So
Journalists today share a nostalgia for a past that never was.
By Michael Schudson -
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Deep Dive
Press Benefits and the Public Imagination
Rethinking rhetoric about the value of the press
By Erin Carroll -
Deep Dive
Returning FOIA to the Press
A case for structural reforms to restore FOIA's value to journalists
By Margaret Kwoka -
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Deep Dive
The Long Shadow of Food Lion
A Fourth Circuit case has deterred undercover investigative journalism nationwide.
By Alan K. Chen -
Press Statement
Knight Institute Comments on U.K. Court Decision Allowing Assange to Appeal Extradition
Case will continue to cast a shadow over press freedom, Institute says
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Event
The Future of Press Freedom: Democracy, Law, and the News in Changing Times
A symposium examining what it means to safeguard and support the role of the press in the United States today.
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Deep Dive
Countering the Mosaic of Threats to Press Functions
There is a clear, democratic public interest in journalism—but the press continues to face a myriad of challenges.
By Lili Levi -
Press Statement
Knight Institute Comments on U.S. Government “Assurances” in Assange Case
Says assurances aren’t responsive to concerns that press freedom advocates have been raising
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Press Statement
Knight Institute Reacts to British Court Ruling Allowing Julian Assange to Appeal Extradition to the U.S.
Says prosecuting Assange under the Espionage Act threatens press freedom
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Deep Dive
The Enduring Significance of New York Times Co. v. Sullivan
Sullivan protects fundamental press functions—its overruling would be devastating.
By Samantha Barbas -
Deep Dive
“MURDER THE MEDIA”: Press Freedom, Violence, and the Public Sphere
Exploring the relationship between the press and violence in a democratic society
By Joseph Blocher -
Deep Dive
A Professional Wrestler, Privacy, and the Meaning of News
How a more sacrosanct approach to terms like “press” and “news” can help privacy cases
By Amy Gajda -
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Press Statement
Knight Institute Comments on British Court Hearing in Case Against Julian Assange
Urges Justice Department to drop Espionage Act charges, saying they’re a threat to press freedom
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Press Statement
Knight Institute Commends Passage of the PRESS Act
Says House decision affirms importance of protecting journalists from government surveillance under the First Amendment
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Deep Dive
The Press and American Democracy
Identifying four distinct constitutional functions of "the press"
By Robert C. Post -
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Event
State of Silence: The Espionage Act, Politics, and Press Freedom
A panel discussion and Q&A on the Espionage Act
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Deep Dive
Political Tensions and the Democratic Press
Advocates for press freedom must confront the objectivity-subjectivity and institutionalism-populism divides.
By Gregory Magarian -
Institute Update
An Introduction to Our Project: The Future of Press Freedom
A cross-disciplinary initiative to identify and protect the role of the press
By RonNell Andersen Jones & Sonja R. West -
Institute Update
Call for Papers: New Voices in Press Freedom
The Knight Institute invites submissions from junior scholars exploring the news in changing times.
By RonNell Andersen Jones , Sonja R. West & Katy Glenn Bass -
Press Statement
Knight Institute and Reporters Committee File Amicus Brief in Case Challenging Electronic Device Searches at the Border
Argue warrantless device searches violate the First and Fourth Amendments
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Event
Covering Democracy: Protests, Police, and the Press
Reception, Advance Film Screening, and Panel Discussion
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Press Statement
Texas News Outlets and Criminal Justice Advocacy Group Challenge Caldwell County’s Closed-Door Hearing Policy
Say policy violates the First Amendment rights of the press and public to observe critically important hearings
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Press Statement
El Faro Journalists, Knight Institute Urge Court to Deny Motion to Dismiss Case Against Spyware Manufacturer
Court should hold NSO Group responsible for use of its spyware to surveil and intimidate journalists
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Event
Secret Surveillance
Countering spyware’s threats to freedom of the press and expression
10:00 am - 12:00 pm ET
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Event
Spyware and the Press
A discussion about the threat that malicious surveillance technology poses to press freedom around the world
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Essays and Scholarship
Protecting Public Knowledge Producers
Exploring the nature and value of government knowledge producers in our constitutional order and the legal, cultural, and political threats that they face
By Heidi Kitrosser -
Essays and Scholarship
Investigative Deception Across Social Contexts
Why intentional lies used to conduct undercover investigations are celebrated in some contexts and criminalized in others
By Alan K. Chen -
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Deep Dive
Pegasus spyware was used to hack reporters’ phones. I’m suing its creators
When you’re infected by Pegasus, spies effectively hold a clone of your phone – we’re fighting back
By Nelson Rauda Zablah -
Press Statement
Periodistas de El Faro y el Knight Institute demandan a NSO Group por un programa espía
Según la demanda, el uso de programas maliciosos para vigilar e intimidar a los periodistas amenaza la libertad de prensa en todo el mundo
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Press Statement
El Faro Journalists, Knight Institute Sue NSO Group Over Spyware
Use of malicious software to surveil and intimidate journalists threatens press freedom around the world, lawsuit says
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Essays and Scholarship
Presuming Trustworthiness
How the Supreme Court has abandoned once-positive assumptions about press speech, even while embracing the trustworthiness of other speakers, and what it might mean for democracy
By RonNell Andersen Jones & Sonja R. West -
Essays and Scholarship
Fake News, Lies, and Other Familiar Problems
A guide to thinking about the best way to navigate the contemporary crises of the American public sphere
By Sam Lebovic -
Press Statement
Knight Institute Comments on DOJ’s Revised Regulations Limiting the Seizure of Journalists’ Records
Says policy has deficiencies but is a foundation for further reform
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Press Statement
Knight Institute and Committee to Protect Journalists Call for Release of Intelligence Report on Khashoggi Murder
Say suppression of report is an affront to press freedom
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Deep Dive
The Espionage Act Has Been Abused — But Not in Trump’s Case
Reforms to the law are long overdue, but they have nothing to do with the Mar-a-Lago search
By Jameel Jaffer -
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Press Statement
Knight Institute Comments on Espionage Act Reform Legislation
Says measure would protect press freedom but also calls on Congress to expand protections for whistleblowers
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Essays and Scholarship
The Great Reckoning
Lessons from 1940s media policy battles
By Victor Pickard -
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Press Statement
Knight Institute Comments on Decision to Grant U.S. Request for Extradition of Julian Assange
Says indictment under the Espionage Act casts a shadow over investigative journalism
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Deep Dive
The Media will be All Right
A plaintiff’s lawyer’s lament on how anti-SLAPP will be an obstacle for defendants with or without Sullivan
By Carrie Goldberg -
Deep Dive
Sullivan is Not the Problem
It’s the amplification of misinformation that’s the issue; the solution is about the architecture of our public square
By Nabiha Syed -
Quick Take
Groups Press Attorney General to Drop Espionage Act Charges against Julian Assange
Warn that criminal case poses grave threat to press freedom
By Lorraine Kenny -
Essays and Scholarship
What We Owe Whistleblowers
Jameel Jaffer argues that their disclosures since 9/11 have been vital, and that we should protect them better than we do
By Jameel Jaffer -
Deep Dive
The Law of the Reporter’s Privilege is a Mess. A Federal Shield Law Could Help Fix It.
Journalists need to know when they can expect to receive protection under federal law and when they can’t
By Mayze Teitler & Samuel Aber -
Deep Dive
The Justice Department’s New Media Protections Are (Mostly) a Promise, Not Yet a Reality
What’s most important is not what the Attorney General has already done, but what the Justice Department and Congress do next
By Anna Diakun & Jameel Jaffer -
Press Statement
Knight Institute Comments on DOJ’s New Guidelines Limiting the Seizure of Journalists’ Records
Calls on Congress to codify new protections quickly
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Quick Take
The Pentagon Papers 50 Years Later
Safeguarding press freedom today requires extending protections to whistleblowers and limiting the use of the Espionage Act
By Lorraine Kenny -
Press Statement
Knight Institute Comments on DOJ’s Effort to Obtain CNN Reporter’s Records
Says this is a particularly disturbing case raising serious press freedom concerns
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Deep Dive
For the Biden Administration, Who Counts as News Media?
Newly obtained document raises concerns that some newsgatherers will be denied First Amendment protection
By Anna Diakun & Trevor Timm -
Press Statement
Knight Institute Calls on Biden Administration to Sanction Saudi Crown Prince for Murder of Journalist
Says newly released intelligence report on killing of Jamal Khashoggi underscores urgent need for accountability
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Analysis
How America Can Deliver Justice for Jamal Khashoggi
The recently released intelligence report concludes that Saudi Arabia’s crown prince was likely responsible for the journalist’s murder. That can’t be the end of the story.
By Jameel Jaffer & Joel Simon -
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Quick Take
A Promising Start
The new administration takes steps to reaffirm transparency and press freedom
By Larry Siems -
Press Statement
Knight Institute Comments on Decision to Reject U.S. Request for Extradition of Julian Assange
Says indictment under the Espionage Act will continue to cast a shadow over investigative journalism
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Analysis
It's Assange in the Dock, But It's National Security Journalism on Trial
Jameel Jaffer highlights press freedom concerns in his testimony in Assange extradition proceeding
By Jameel Jaffer -
Interactive
Press-Related Espionage Act Prosecutions
Documenting trends in press-related Espionage Act prosecutions
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Essays and Scholarship
Measuring and Protecting Media Plurality in the Digital Age: A Political Economy Approach
Developing a platform-neutral "attention share" plurality review for media mergers
By Andrea Prat -
Advocacy
Statement from the Staff of the Knight First Amendment Institute at Columbia University
Calls for reforms to protect protest and press rights and end police violence
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Press Statement
Knight Institute Comment on Espionage Act Reform Legislation
Says Bill Would Protect Journalists
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Analysis
The Espionage Act and a Growing Threat to Press Freedom
The government’s now-routine use of the Espionage Act against journalists’ sources raises First Amendment concerns.
By Jameel Jaffer -
Press Statement
Knight Institute Responds to UN Special Rapporteur’s Report on the Murder of Journalist Jamal Khashoggi
Executive Director Jameel Jaffer calls on U.S. government to support the report’s recommendations and the quest for justice
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Podcast
Podcast: Prosecuting Julian Assange for Espionage is a Coup Attempt against the First Amendment
On Intercepted, Knight Institute's Jameel Jaffer discusses the indictment of Julian Assange under the Espionage Act and explains why the case represents a grave threat to press freedom.
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Analysis
Intelligence, Ethics and Bureaucracy: The Duty to Warn Jamal Khashoggi
Documents released through FOIA litigation raise new questions about how intelligence agencies handled intercepted threats
By Larry Siems -
Press Statement
Knight Institute Comment on Indictment of Julian Assange
Warns indictment "sweeps in activities that are not just lawful but essential to press freedom"
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Analysis
Assange Indictment Is Shot Across the Bow of Press Freedom
The indictment characterizes as “part of” a criminal conspiracy journalistic activities that are not just lawful but essential to press freedom
By Jameel Jaffer & Ben Wizner -
Analysis
NSA and CIA Refuse to Confirm or Deny Whether They Followed Duty-to-Warn Procedures before Murder of Khashoggi
Agencies release redacted documents relating to "duty to warn" procedures, but refuse to say whether they considered warning Khashoggi
By Ramya Krishnan -
Analysis
Groups Urge Court to Uphold Core Press Protection in DNC Lawsuit Against Russia, Wikileaks
Amicus brief from Knight Institute, Reporters Committee, and ACLU stresses safeguards for publishing information of public concern
By Carrie DeCell , Brett Max Kaufman & Gabe Rottman -
Analysis
Intel Chief Won’t Confirm or Deny Whether U.S. Agencies Considered Warning Khashoggi
ODNI "Glomars" request for documents on journalist's murder, neither confirming nor denying that documents exist
By Ramya Krishnan -
Press Statement
Knight Institute Comment on Facebook’s Obstruction of Research and Journalism
Says ProPublica's report is deeply disturbing, calls on Facebook to welcome independent investigation of its platform
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Analysis
Why U.S. intelligence should release any Khashoggi files
It's imperative to know what U.S. intelligence agences knew about threats to journalist's life, and whether they took any steps to warn him
By Jameel Jaffer & Joel Simon -
Press Statement
Committee to Protect Journalists Joins Lawsuit Seeking Release of Khashoggi Documents
Knight Institute and CPJ v. CIA aims to determine whether intelligence agencies fulfilled "duty to warn" journalist that he was in danger
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Press Statement
Knight Institute Sues to Learn If U.S. Complied With “Duty to Warn” journalist Jamal Khashoggi
Reports suggest U.S. intelligence agencies intercepted Saudi communications discussing plot before Khashoggi's murder
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Press Statement
Ruling Restoring CNN Reporter's White House Press Credentials a Victory for Press Freedom
Revoking Jim Acosta's White House access "part of a pattern to suppress disfavored speech in public forums," Knight Institute says
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Analysis
CNN Suit Is an Important and Necessary Defense of Press Freedom
Revoking CNN's White House credentials undercuts role of the press as representatives of the people
By Jameel Jaffer & Katie Fallow -
Press Statement
Knight Institute Says CNN, Acosta Lawsuit Against White House Is a Necessary Defense of First Amendment
First Amendment bars White House from revoking reporter's access because it doesn't like his questions, says Executive Director Jameel Jaffer
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Essays and Scholarship
Newsworthiness and the Search for Norms
Response to Kate Klonick's "Facebook v. Sullivan"
By Amy Gajda -
Analysis
Targeting Journalists Under FISA: New Documents Reveal DOJ’s Secret Rules
Records suggest U.S. government is using FISA court orders to monitor journalists
By Ramya Krishnan -
Analysis
Facebook is shaping public discourse. We need to understand how
Social media platforms should lift restrictions impeding digital journalism and research
By Alex Abdo -
Press Statement
Knight Institute Calls on Facebook to Lift Restrictions on Digital Journalism and Research
Asks Facebook to amend its terms of service to establish a “safe harbor” for public-interest journalism and research
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Analysis
More Questions Than Answers from DOJ Letter About Journalist Surveillance
New DOJ disclosure on surveillance of the press provides little assurance on journalists' ability to protect confidential sources
By Ramya Krishnan -
Press Statement
DOJ’s Seizure of Reporter’s Records Raises Questions About Status of DOJ Media Guidelines
Seizure of New York Times reporter's phone and email records appears to violate the DOJ's own limits on surveillance of the media
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Forum
The De Facto Reporter's Privilege Imperiled
Recent Justice Department moves threaten longstanding, but often informal, protections for journalists and confidential sources
By Christina Koningisor -
Video
All the President's Twitter Blocks
Knight Institute Senior Staff Attorney Katie Fallow discusses the Knight Institute's First Amendment lawsuit against the president, on PBS's "The Open Mind"
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Press Statement
Knight Institute, Reporters Committee Argue Device Searches at Border Violate First Amendment Rights
Urge court to deny government's request to dismiss legal challenge
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Press Statement
Lawsuit Seeks Government Guidelines on Surveillance of Journalists
Knight Institute, Freedom of the Press Foundation file lawsuit amid surge in leak investigations
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Press Statement
Groups Unveil Nonpartisan Website to Track Free Press Violations
Knight Institute joins over 20 press freedom organizations in launching U.S. Press Freedom Tracker website
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Press Statement
Knight Institute Sues for Records On Cellphone and Laptop Searches at the Border
Lawsuit against DHS seeks information on searches of travelers’ electronic devices without a warrant