Press freedom in the United States has long been heralded as a cornerstone of democracy, protected under the First Amendment of the Constitution. Yet, despite these protections, journalists in the country face growing challenges that threaten their ability to report freely. From political pressure and legal threats to violence and economic instability, the American press is more vulnerable than it may seem. This article is based on information presented during a briefing held by Ethnic Media Services on February 14, where Joel Simon, Zach Press and David Loy gave valuable insights into the fragility and dangers press is facing nowadays in America.

The First Amendment states, “Congress shall make no law… abridging the freedom of speech, or of the press.” This constitutional protection, however, does not guarantee that journalists can operate without fear or interference. Legal challenges, government suppression, and financial constraints have increasingly put American press freedom to the test. One of the most significant threats comes from the judicial system itself. The use of subpoenas to force journalists to reveal confidential sources, the proliferation of Strategic Lawsuits Against Public Participation (SLAPPs), and national security laws have all been used to silence investigative reporting. Recent cases, such as the conviction of whistleblowers under the Espionage Act, have sent signals to journalists and their sources.

“A couple years ago I participated in a project to look at emerging legal threats around the world. One of the things we documented outside the United States with a lot of legal harassment targeting media was not related to the production of media content, so it was not related to actual journalism, but related to other things. Tax issues, allegations of fraud or workplace practices, those are all risk areas (…) and the Trump administration has already demonstrated some considerable sophistication, and d employed some surprising tactics.  So expect the unexpected”, mentioned Joel Simon, founding director of the Journalism Protection Initiative at the Craig Newmark Graduate School of Journalism in New York City.

Hostility toward the press has escalated in recent years, particularly from political figures who frame journalists as adversaries. The phrase “fake news” has been weaponized to discredit unfavorable reporting, fostering a climate of distrust in media institutions. Former President Donald Trump’s labeling of the press as the “enemy of the people” set a dangerous precedent, encouraging attacks—both verbal and physical—against reporters. Even beyond rhetoric, government actions have raised red flags. In 2023, the Department of Justice was criticized for secretly obtaining the phone records of reporters from The New York Times, The Washington Post, and CNN. This act of surveillance threatens the confidentiality of sources, a fundamental principle of investigative journalism.

Physical threats against journalists in the U.S. have surged, bringing into question how safe it is to be a reporter in a country that prides itself on press freedom. The U.S. Press Freedom Tracker documented multiple cases of reporters being assaulted, arrested, or harassed while covering protests, political events, and social movements. The 2020 protests following the killing of George Floyd marked one of the darkest moments for American press freedom. Journalists were targeted with rubber bullets, tear gas, and arrests, even when clearly identified as members of the press. The attack on the Capitol on January 6, 2021, also showcased the vulnerability of journalists, with rioters destroying equipment and physically assaulting members of the media.

Financial instability in the journalism industry poses another severe threat to press freedom. The rise of digital media and the decline of print revenue have led to widespread layoffs and newsroom closures. When media outlets struggle financially, they become more susceptible to corporate and political influence. Ownership concentration has exacerbated the problem, with a handful of large corporations controlling much of the news landscape. Billionaire ownership, such as Jeff Bezos’ acquisition of The Washington Post and Elon Musk’s purchase of Twitter (now X), has raised concerns over potential editorial influence. Meanwhile, hedge funds and private equity firms have gutted local newspapers, reducing the ability of journalists to hold power to account at the community level.

One of the biggest challenges for journalists today is the increasing difficulty in accessing public information. Government agencies at local, state, and federal levels have implemented barriers that make it harder to obtain records. Delayed responses to Freedom of Information Act (FOIA) requests, excessive redactions, and outright denials have hindered investigative journalism. In 2023, The Associated Press reported that FOIA requests were being ignored at an unprecedented rate, making it increasingly difficult for journalists to hold government agencies accountable. Without transparency, the press cannot effectively inform the public or expose corruption.

Despite these challenges, there are steps that can be taken to strengthen press freedom in America. Advocacy groups, media organizations, and policymakers must work together to protect journalists and safeguard the integrity of the press. Strengthening legal protections, such as the passage of a federal shield law, would help protect journalists from being forced to reveal confidential sources. Additionally, anti-SLAPP laws need to be expanded to prevent frivolous lawsuits aimed at silencing journalists.

“I don’t believe the press or anyone should self-censor because of the fear that government will abuse its power to censor newsworthy reporting. (…) There are legal limits on how one can go about reporting the news not all news gathering methods are automatically immune from legal scrutiny if one breaks into a building or hacks into a computer or bribes someone to release information, those could potentially you know be crimes. But the First Amendment protects the right generally to report the news by lawful means”, explained David Loy First Amendment Coalition’s legal director and experienced free speech and open government litigator.

Holding governments accountable through public pressure on agencies to comply with transparency laws is crucial. Strengthening FOIA laws and enforcing penalties for non-compliance can ensure journalists have the access they need. Promoting media literacy can help citizens distinguish between credible reporting and propaganda, countering the spread of misinformation and disinformation. Supporting independent journalism through nonprofit news organizations and reader-supported journalism can help counteract the economic challenges facing the industry. Public funding for local journalism, as seen in some European countries, could be another solution. Ensuring journalist safety by training law enforcement agencies to respect press rights and prosecuting attacks on journalists with the seriousness they deserve is also essential. International organizations like Reporters Without Borders continue to monitor these issues, but domestic action is necessary.

“I think journalists also need to be availing themselves of legal advice as it comes to what legal tools do you have at your disposal to make sure you’re in the best position possible if you need to defend against a claim. Some States have anti-stat laws that require what we call fee shifting, meaning if the plaintiff loses and it’s dismissed early in the case, the defendant will recover its attorney’s fees, the amount it had to spend to defend the claim. That is a very strong deterrent. Because if the plaintiff knows they’ll be on the hook for a claim that they just wanted to raise to get attention to shame the defendant speaker maybe they’ll think twice about it” said Zachary Press, Staff Attorney for Lawyers for Reporters.

While the United States continues to be a stronghold of press freedom compared to many other nations, it is far from immune to the forces that threaten journalistic independence. Political hostility, legal challenges, economic instability, and violence against reporters all pose significant risks to the free press. To uphold democracy, America must reaffirm its commitment to press freedom through stronger protections, greater transparency, and a collective effort to support independent journalism. The future of free speech depends on it.