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Malta Faces Renewed EU Scrutiny Nine Years After Daphne Caruana Galizia’s Murder

21 October 2026 at 22:20

The European Commission has urged Malta to strengthen judicial independence, tackle corruption and improve protection for journalists, as a European Parliament debate exposes continuing disagreements over the country’s rule-of-law record.

The European Commission has called on Malta to accelerate judicial reforms and strengthen safeguards for journalists, nine years after the assassination of investigative reporter Daphne Caruana Galizia, as the European Parliament revisited concerns over corruption and institutional accountability on Wednesday, 21 October.

European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Michael McGrath told MEPs in Strasbourg that Malta had made progress in certain areas but had yet to implement several outstanding recommendations concerning judicial independence, high-level corruption and media freedom.

The debate followed the controversial acquittal of businessman Yorgen Fenech, who had been accused of involvement in Caruana Galizia’s murder. Maltese prosecutors appealed the verdict in September, leaving the criminal proceedings subject to further judicial consideration.

Commission identifies continuing weaknesses

The European Commission’s 2026 Rule of Law Report, published in July, assessed Malta’s progress in reforming its justice system, anti-corruption institutions and protections for the media.

The report acknowledged certain improvements, including additional resources allocated to judicial and prosecutorial authorities.

However, it found that progress remained limited on several recommendations.

These include reducing delays in judicial proceedings, improving the investigation and prosecution of high-level corruption and ensuring greater judicial involvement in the appointment of the Chief Justice.

The Commission has also expressed concern about the effectiveness of existing anti-corruption arrangements.

Although investigations and prosecutions have increased in some areas, Brussels continues to seek a stronger record of final judgments in major corruption cases.

Court delays and pressure on judicial resources remain significant difficulties.

McGrath told Parliament that the Maltese authorities must continue implementing reforms to address these shortcomings.

Fenech acquittal intensifies accountability debate

Caruana Galizia was killed by a car bomb near her home in Bidnija on 16 October 2017.

The 53-year-old journalist had investigated corruption, money laundering and political connections involving prominent figures in Malta’s business and political establishment.

Her assassination prompted international condemnation, widespread demonstrations and investigations into the circumstances surrounding the killing.

Several men have subsequently been convicted for participating in the murder or supplying the explosives.

However, the criminal proceedings concerning the alleged commissioning of the assassination have remained contentious.

On 2 September 2026, a nine-member jury acquitted businessman Yorgen Fenech of complicity in the murder and criminal association. The verdict was reached by eight votes to one.

Fenech had denied ordering or financing the killing.

The acquittal prompted criticism from Caruana Galizia’s family and organisations campaigning for press freedom.

On 22 September, Malta’s Attorney General formally appealed the verdict, challenging legal decisions made during the trial.

The appeal does not overturn Fenech’s acquittal or establish criminal responsibility.

The Court of Criminal Appeal must determine whether the legal grounds presented justify further proceedings, potentially including a retrial.

The criminal case remains separate from the broader political debate over Malta’s institutional reforms.

Maltese MEPs clash in Strasbourg

Wednesday’s parliamentary debate exposed sharp disagreements between representatives of Malta’s opposition Nationalist Party and governing Labour Party.

Nationalist MEPs Peter Agius and David Casa criticised the authorities’ record on corruption and institutional accountability.

Agius argued that repeated European Commission assessments had failed to produce sufficient improvements and questioned whether Malta’s institutions were effectively addressing allegations of wrongdoing.

Casa referred to the findings of the independent public inquiry into Caruana Galizia’s assassination, which concluded in 2021 that the state had contributed to circumstances in which a climate of impunity enabled the killing.

He argued that significant recommendations arising from that inquiry remained outstanding.

Labour MEP Alex Agius Saliba rejected the criticism, maintaining that Malta had implemented reforms and that its judicial institutions should be allowed to perform their functions independently.

He pointed to the prosecution’s appeal against Fenech’s acquittal as evidence that the judicial process was continuing.

Labour MEP Thomas Bajada concentrated on the protection of journalists and the need to counter misinformation while preserving independent reporting.

The disagreements subsequently prompted a response from Maltese Prime Minister Robert Abela, who accused opposition MEPs of damaging Malta’s reputation through their interventions.

Protection of journalists remains unfinished

Media freedom featured prominently in the Commission’s concerns.

Malta has introduced legislation addressing certain abusive legal proceedings against journalists, including transposing EU protections against strategic lawsuits intended to discourage public participation.

However, the existing measures principally concern civil proceedings with cross-border implications.

The Commission has urged Malta to extend comparable protections to domestic cases.

Other concerns include journalists’ access to official information, protection from intimidation and the need for more comprehensive legislative safeguards.

McGrath indicated that the Maltese government intended to present additional media legislation in the coming weeks.

The Commission has called for consultations with journalists, media organisations and civil society before the measures are adopted.

European institutions are also examining Malta’s implementation of wider EU requirements under the European Media Freedom Act.

Further pressure for reform

The European Parliament’s proceedings form part of the continued scrutiny of Malta’s institutional record following Caruana Galizia’s assassination.

The Commission’s annual rule-of-law assessments provide a mechanism for identifying outstanding problems and monitoring governments’ responses.

However, the implementation of many recommendations remains the responsibility of national authorities.

For Malta, the immediate issues concern the government’s promised media legislation, outstanding judicial reforms and the progression of the appeal in the Fenech case.

The Commission has made clear that further improvements are required, while the Maltese government maintains that substantial institutional changes have already been introduced.

The next assessment will depend on legislative measures actually adopted, their implementation and progress through the relevant judicial proceedings.

A Free Speech Group at Columbia Canceled an Event About Free Speech Over 'Cornell 7' Article Controversy

21 October 2026 at 20:26
Campus building at Columbia | Luiz C. Ribeiro/TNS/Newscom

Questioning the prevailing narrative about the "Cornell seven" case is bound to create controversy. And at Columbia University, two student journalists drew condemnation for their views on the case from the unlikeliest of places: a college free speech group. 

On October 13, Barnard junior Christina Ma and Columbia junior Nikos Mohammadi published an article called "The 'Cornell Seven' Is Really About Liberalism" in the Columbia Sundial, an independent student publication. The piece argued that the discourse surrounding the alleged rape at Cornell University infantilizes women by omitting the possibility that in a post–sexual revolution, liberal society, women may make regrettable but consensual choices.

"In the world that, for better or worse, follows from it, we cannot claim to stand for sexual freedom and then recoil in disgust when there's a possibility that a young woman simply chose to exercise it," Mohammadi and Ma wrote. 

The piece also argues that the "collective frenzy" over the Cornell case has created a climate on campus that makes it "difficult to disagree with the maximalist position on what happened" the night of the alleged rape.

As Mohammadi wrote in UnHerd, the piece caused immense backlash. He said he received an onslaught of messages urging him to commit suicide and demanding that his "career and life be destroyed." But the criticism went beyond threatening DMs and comments. 

The day after the article's publication, the Columbia Open Discourse Alliance (CODA) canceled an event about press freedom because the Sundial's editor in chief, Nick Baum, had been slated to speak at the event. Although Baum did not author the piece, CODA wrote in an Instagram post that the free speech group "refused" to be affiliated with the Sundial's article "in any way." 

CODA also claimed that the event, ironically called "Who Gets to Tell the Story? Press Freedom and the Public Square," could not take place at a time when "many survivors in our community feel that their stories are under attack and are not being believed."

The group added that the Sundial's article "promotes rape culture and works to silence survivors of sexual assault." 

The group's president, Aum Desai, told Columbia's student newspaper, the Columbia Daily Spectator, that the group canceled the event "not in spite of, but because of [CODA's] commitment to free expression." 

Columbia graduate Clayton Smith, who founded CODA in 2025, quickly commented that he was "shocked" by CODA's statements on Instagram. Smith started the organization to create a central hub for groups hosting events promoting free speech and open discourse, including the Sundial and Columbia's Heterodox Academy chapter.

He tells Reason that CODA's rationale for canceling the event was "ironic" and "hypocritical," and he believes the group should have collaborated with the Sundial if there were legitimate safety concerns at the event. He says he was particularly disturbed by the group's condemnation of the article and CODA's claim that it promotes "rape culture."

"They don't argue or explain how it works to silence survivors of sexual assault. It is a baseless slander that they use to condemn the article because it promoted an opinion they do not like," Smith says. 

Smith says he spoke to Desai on the phone after CODA posted the statements, and Desai tried to reassure him that CODA would uphold the principle of free speech. But Smith says he did not leave the phone call feeling "very confident at all" in Desai's commitment. 

Desai did not respond to Reason's requests for comment.

CODA faculty adviser and Columbia Business School professor emeritus Eli Noam was traveling in China during the fallout from the Sundial article and was not involved in CODA's decision.

After speaking with members of both CODA and the Sundial, Noam tells Reason that he thinks CODA "made some proper decisions, some correct decisions, and some mistakes."

"I think we're dealing here with…a group of college students who kind of were confronted with a crisis at 2 a.m.," Noam says. "And kind of [made] some judgments that they now regret, and they do." 

He tells Reason that it was not "unreasonable to assume there would be a disruption" at the event, given the climate at Columbia and "about this rape allegation." He says the group suddenly "had an event where they needed college security" and could not organize in time. CODA, Noam says, is not yet recognized by the university, and he thinks the group was likely fearful of jeopardizing its recognition.  

Still, Noam says CODA's statements condemning the article were "unreasonable," and it was "disappointing that they kind of lost their nerve here."

Although he was not involved in planning the panel, Mohammadi says, to his knowledge, there were no credible threats of violence to the panel. He understood there may have been "disgruntled students" and an "environment CODA did not want to deal with." But instead of simply canceling the event or working with the Sundial to find a solution, Mohammadi says CODA overstepped by condemning the Sundial piece. 

James Applegate, an astronomy professor who serves on Columbia's Academic Freedom Council (CAFC) alongside Noam, tells Reason that he disagreed with CODA's decision to cancel the event.

Applegate tells Reason he was considering attending the event, and he was "rather surprised and disappointed" when it was canceled.

He recalled that when he was a professor in 2000, he objected to changes to the school's sexual misconduct policy on the University Senate floor. He says his statements were "similar to what was said in the Sundial article" and there was a "level of emotion in this debate." 

"Nonetheless, we had the debate. I was in it, and the degree to which it was civil is shocking when you look at where we are now. And it's sad." 

Applegate said he does not condemn CODA, however, "for the simple reason that the atmosphere on college campuses and on the left wing of politics in general in the United States is quite vicious."

CODA's honorary faculty fellow John McWhorter tells Reason he interpreted CODA's statement as "saying that an event about who gets to tell the story is untenable when or if a critical mass of people with such stories don't even feel comfortable telling them— i.e.being a participant in the event." He added, "I imagine some might think of that as cutting the salami a little thin, but then I highly suspect that Desai is equally worried about the event becoming a physical melee of some kind. In that, let's face it, he is hardly unreasonable."

Still, McWhorter said that he would have chosen to have the event himself, "especially as in the likely case that some people did talk about their experiences without any particular repercussions, it may have made the more reluctant people less apprehensive about doing so in the future."

According to Mohammadi, as of Tuesday, the Sundial, College Republicans, Platypus Affiliated Society at Columbia (which discusses leftist thought and history), and Columbia's Heterodox Academy chapter have left CODA. 

CODA was not the only group to condemn the Sundial's piece. On October 14, the Columbia Political Review's editorial board wrote that Mohammadi and Ma's piece "violates standards of integrity" and "perpetuates a culture of campus violence, rape, and assault." The editorial board of the Columbia Political Review, which purports to publish "multipartisan political discourse," stated that it would refuse to publish "any article that upholds or recreates cultures and systems of rape, sexual assault, or violence" and it urged "all campus publications to do the same."

And on Monday, Columbia's main newspaper, the Spectator, published a staff editorial accusing the Sundial of violating journalistic ethics by "its page to disparage survivors of sexual violence." 

Mohammadi tells Reason the piece underwent "far more editorial scrutiny than any other piece" the Sundial had published given the sensitive nature of the topic.

Free speech student organizations are necessary on Columbia's campus, especially as the school's free speech climate continues to crumble; it recently received a failing grade from the Foundation for Individual Rights and Expression. And while upholding free speech principles may have become more fashionable among those resisting the Trump administration's pressures on academic freedom or those defending pro-Palestinian speech, it is clear that some topics remain taboo in the public square. College is supposed to be a place where students debate controversial topics, form their own beliefs and opinions, and learn from mistakes. Hopefully, the students who demanded condemnation instead of debate will be forgiven for their perversion of free speech ideals, and they will learn to afford such grace and open-mindedness to classmates with whom they disagree.

The post A Free Speech Group at Columbia Canceled an Event About Free Speech Over 'Cornell 7' Article Controversy appeared first on Reason Magazine.

Arizona Man Awarded $67,500 on Behalf of Aborted Embryo

21 October 2026 at 18:50
An ultrasound image showing a judge's gavel | Photo: Kohanova/Envato (AI-modified)

An Arizona abortion clinic that didn't tell a pregnant woman about the physical characteristics of her 8-week-old embryo before prescribing abortion pills has been found liable in a case brought by the ex-husband of the pregnant woman, who didn't want her to get an abortion.

The ex-husband, Mario Villegas, was awarded $67,500 in a civil lawsuit accusing the clinic of violating an informed consent law that an Arizona court declared unconstitutional earlier this year.

'A Dangerous Precedent'

The Lawyering Project, which represented the doctor and clinic being sued by Villegas, had warned that the case could "establish a dangerous precedent in Arizona concerning embryonic personhood and chill the provision of abortion care."

"A pre-viability embryo or fetus is not a person," says its website in a summary of the case, "and a physician cannot be subject to a wrongful death action for providing high-quality abortion care to a patient who wants an abortion."

In an August 2024 order, Judge Bryan B. Chambers of the Arizona Superior Court in Gila County agreed with the defendants that Arizona's wrongful death statute does not, as written, apply to the death of embryos. The court is "unwilling to expand the common law definition of 'person' as applied to the wrongful death statute to include all unborn children whether viable outside the womb or not," Chambers wrote.

But that doesn't mean he tossed Villegas' lawsuit entirely. And in a judgement released July 22 but largely unnoticed until this week, Chambers wound up holding that Villegas is entitled to $5,000 in statutory damages and $62,500 "in compensatory damages for his psychological, emotional, and physical injuries."

No one in the case alleges that Villegas' ex-wife—referred to in court documents as M.S.V.—was tricked, coerced, or generally uninformed about the abortion. The case turns on technicalities and Arizona's onerous, biased (and now barred) requirements for what abortion doctors must tell patients in order to obtain informed consent.

'Deprived of the love….of his child'

M.S.V's abortion took place in July 2018, when she was around eight weeks pregnant. At the Camelback Family Planning clinic in Phoenix, she was provided with information at least 24 hours before she could come back for the abortion pills, and she signed various consent forms, including one affirming that she was "comfortable with [her] decision to terminate this pregnancy," according to ProPublica.

Around two years later, in July 2020, Villegas—now divorced from M.S.V.—sued the clinic and physician Gabrielle J. Goodrick, alleging medical malpractice and wrongful death. Villegas "has been deprived of the love, affection, comfort, and companionship of his child," his initial complaint stated. He "has been deprived of his constitutionally protected right to parent Baby Villegas."

Villegas sought to have himself appointed the personal representative of the estate of the aborted embryo, and a probate judge agreed.

In an amended complaint, Villegas added that "the estate has been deprived of the net income Baby Villegas would have earned during her lifetime" and sought damages for that, too. (Villegas took the liberty of assuming the embryo was a girl, even though the abortion would have been too early in the pregnancy to tell.)

"Across the U.S., people have sued for negligence in the death of a fetus or embryo in cases where a pregnant person has been killed in a car crash or a pregnancy was lost because of alleged wrongdoing by a physician," noted ProPublica in a 2022 article about the case. "But a court action claiming the wrongful death of an aborted embryo or fetus is a more novel strategy, legal experts said."

Informed Consent or Compelled Speech?

Ultimately, the case came down to Arizona's informed consent law, not fetal personhood.

In the amended complaint, Villegas argued that the clinic had violated Arizona law on informed consent for abortion.

That law—declared unconstitutional in February 2026—said that doctors must obtain informed consent before performing abortions (which is normal) and then added that this consent only counts if clinics obtain it in highly particular (and medically unnecessary) way and tack on a lot of loaded language and anti-abortion rhetoric.

It says that "at least twenty-four hours before the abortion, the physician who is to perform the abortion or the referring physician" must inform a patient woman "orally and in person" about topics such as "alternatives to the procedure or treatment" and "the probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed." Doctors were also required to tell a woman seeking an abortion that if she went through with the pregnancy, various forms of assistance may be available.

Villegas alleged that even though his wife technically consented to the abortion, it didn't count because the information wasn't provided by the same doctor who prescribed her the pills, and because doctors didn't warn her about the potential "loss of the 'maternal-fetal' attachment bond inherent in birthing a child" and didn't explain alternatives to abortion or the 8-week-old embryo's physical characteristics.

He also complained that the printed form M.S.V. was given "changed the statutory term 'the probable gestational age of the unborn child' to 'the probable gestational age of the pregnancy,' which misstates Arizona's legislative determination that every pregnant woman is carrying a human child."

M.S.V. testified in court "that nothing would have changed her mind about obtaining the abortion," as Chambers put it in his judgement. And no one alleges that the clinic simply failed to discuss some risks and other relevant information with her before the procedure. It simply failed to use the loaded language preferred by the state.

But "the statute does not require proof that M.S.V. would have made a different decision had she been fully informed," wrote Chambers in his judgement. And even if some of the rules of informed consent were followed, "nothing in [Arizona law] suggests that substantial compliance with the consent provisions is all that is necessary."

Fortunately, the informed consent law at the heart of this case has been struck down, so future doctors don't have to worry about being sued for failing to say "unborn child."

But there's still something chilling about the way all this played out. M.S.V. had argued to court that she was tricked into pregnancy—she thought her ex-husband "was fixed," because he'd had a vasectomy, though it was since reversed. Chambers said this did not negate her consent to sex with him, since M.S.V. "was not deceived about the nature of the act. At most, she was deceived about a potential consequence (pregnancy risk)."

In M.S.V.'s telling, she did not exactly give informed consent to the sex that led to pregnancy, but she did give informed consent to the abortion procedure. In neither situation, however, do M.S.V.'s claims about her own consent seem to have mattered much at all.


In the News 

The Transportation Security Administration (TSA) shows "significant weakness" when it comes to protecting passenger data, according to the Department of Homeland Security Office of Inspector General.

A TSA authentication vendor "was able to access and extract sensitive passenger information, including driver's license and passport images, during system troubleshooting and enhancements, without TSA's knowledge," the report says. More:

TSA lacked clear policies, did not track when this data was extracted, could not verify that extracted information was properly deleted, and did not notify passengers when their biometric and biographic information may have been stored. As a result, although passenger information was generally protected during routine operations, weaknesses in vendor oversight created a risk that sensitive personal information could be retained or exposed.

The Electronic Frontier Foundation comments:

As the OIG's audit underscores, this technology presents privacy risks associated with unsecured data, unauthorized access, and data breaches. The government's use of this technology also creates a mass surveillance system and facilitates the creation of warrantless biometric records for unconsenting parties.

[…] Given that facial recognition technology is prone to mistakes, combined with the OIG's audit revealing significant privacy weaknesses, it is imperative that travelers remember that opting out is possible. TSA's own website emphasizes that travelers who wish to decline to have their photo taken for facial comparison can do so without any delay, disruption, or recourse.


More Sex & Tech 

• You could make a full-time beat out of covering cops' misuse of Flock cameras these days. The latest: "A former Joliet police lieutenant is now facing felony charges for misusing the city's Flock camera system," per CBS News. And, in Sharonville, Ohio, "a police lieutenant was indicted Tuesday after he allegedly used Flock camera systems…29 times between Dec. 19, 2024, and April 20, 2026, to track a person's whereabouts" for personal reasons, Fox 10 reports.

• Airbnb says hosts can't make you wash and dry your own dishes anymore:

I just got an email from Airbnb laying out new ground rules for what hosts can demand of guests, and THANK GOD.

At my last Airbnb, I had to strip the beds, wash every dish, clean the kitchen, haul the trash out to the road, and there was still a $100 cleaning fee! https://t.co/tfQGqQKsRo

— Jessica Huseman (@JessicaHuseman) October 20, 2026

• Another case challenging the use of Flock cameras to get convictions. In Texas, Charles Brownlee—sentenced to 60 years in prison for armed robbery—is asking a federal appeals court to throw out his conviction, "arguing that the AI-powered camera system gives law enforcement more surveillance power than the Constitution allows," per The Texas Tribune.

• A California law that takes effect in 2027 "will require large companies to make a good-faith effort to link customers to a human by phone within 15 minutes," notes The San Francisco Standard. "But it has a carveout for companies that never offered phone support in the first place. It remains to be seen whether the legislation will hold any sway over the AI firms leading the charge to replace human agents."

• Jacob Sullum delves into a convoluted lawsuit filed against Students for Life by a Texas woman who opposes a Texas anti-abortion law.

• In the latest incident to blur the line between the FBI catching criminals and creating them, an FBI task force catfished a high school maintenance worker using an AI-generated image of a 15-year-old, then used Clearview AI facial recognition tools to identify him and Flock to track his car.

The post Arizona Man Awarded $67,500 on Behalf of Aborted Embryo appeared first on Reason Magazine.

10 major press freedom and civil liberties groups demand Congress stop ‘unconstitutional’ targeting of BreakThrough News

20 October 2026 at 23:07

A coalition of press freedom and civil liberties organizations is calling on the House Ways and Means Committee to abandon its threat to subpoena staffers at BreakThrough News. The House committee has demanded that BreakThrough employees testify before Congress unless the outlet withdraws its First Amendment and other objections to the committee’s earlier subpoenas and document requests by October 20.

The committee says its inquiry is part of a tax-related investigation into one of BreakThrough’s donors. But the committee and its chairman, Rep. Jason Smith, R-Mo., have also accused the outlet of “anti-American rhetoric” and “messaging that mirrors hostile government propaganda,” pointing to its criticism of immigration enforcement and of US and Israeli foreign policy. The letter outlines that such statements make clear the investigation is targeting BreakThrough for its viewpoints. The coalition warns that letting Congress interrogate a newsroom over its editorial positions sets a dangerous precedent for journalists of every political persuasion.

Freedom of the Press Foundation (FPF) Chief of Advocacy Seth Stern stated: “Rep. Smith’s shameless targeting of BreakThrough News for editorial viewpoints that he dislikes shows a complete disregard of the First Amendment. Congress has many more important things to do than interrogate an entire nonprofit newsroom because lawmakers speculate that disagreement with their opinions must evidence a conspiracy. The committee has not identified any alleged unlawful conduct by BreakThrough or any legitimate legislative purpose for its investigation. People who themselves hold controversial political views should understand the risk of normalizing fishing expeditions targeting dissent.”

Read the full letter below:

Dear Chairman Smith,

We are a coalition of press freedom and civil liberties organizations. We are alarmed by your recent correspondence threatening to issue subpoenas to BreakThrough News, a nonprofit organization that publishes news reporting and commentary. Your letter indicates that you plan to demand that virtually every individual associated with BreakThrough’s newsroom, from its editor-in-chief to its social media manager, appear before Congress unless BreakThrough rescinds its well-founded First Amendment and other objections to your prior invasive demands.

The Committee first demanded records from BreakThrough in February, claiming to be pursuing a tax-related probe into donations from Neville Roy Singham, a U.S. citizen based in Shanghai. Those demands and subsequent ones were outrageous in and of themselves, but serially subpoenaing employees of a small left-wing news outlet to compel them to personally appear before you, for no reason other than to further a vindictive political stunt, is beyond the pale and reminiscent of some of the darkest chapters in our nation’s history.

Although your justifications have repeatedly shifted in your various letters and subpoenas to date, you have admitted the true impetus for the inquiry is the groups’ viewpoints, stating they have “amplified anti-American, foreign-aligned narratives on social media, and pushed messaging that mirrors hostile government propaganda.” You further stated, “I will absolutely not stand by and allow our tax code to be abused to push anti-American rhetoric on our home soil.”

The First Amendment protects those who voice even controversial opinions shared by hostile governments abroad, but your primary examples of BreakThrough’s “anti-American” views are criticism of ICE’s tactics and Israel’s U.S.-funded wars – policies that many millions of Americans who have never received funding from or even heard of Mr. Singham also dislike.The fact that foreigners also dislike those policies might underscore their unpopularity, but it does not diminish BreakThrough’s right to share similar views. 

Your letter also raises BreakThrough’s alleged connections to a lawfully organized domestic political party, the Party for Socialism and Liberation. Such connections are not illegal and, like receiving donations from a U.S. citizen living abroad, cannot come close to supporting broad subpoenas seeking a news entity’s internal documents or depositions from its entire staff.

Beyond the blatant unconstitutionality of targeting news outlets for their political views, House subpoenas must serve a legislative purpose. Fishing expeditions do not suffice.

BreakThrough News’s reporting and commentary, no matter how distasteful you may find it, is protected by the First Amendment, just as your own views are protected no matter how distasteful others may find them. As the Supreme Court wrote over 80 years ago, “if there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”

The First Amendment exists to protect people with politically disfavored views from people like you. Speech that politicians approve of is not in need of constitutional protection. 

The threatened subpoenas are clearly designed to target BreakThrough for reporting and editorial viewpoints with which the Committee disagrees. Subpoenas of journalists and newsrooms obstruct First Amendment activity by forcing cash-strapped news outlets to spend time and money defending their rights, and by intimidating not only reporters but also sources, donors, and readers.

We demand that you refrain from issuing further unlawful and retaliatory subpoenas, and drop your entire unconstitutional inquiry into BreakThrough News.

Sincerely,

Freedom of the Press Foundation

American Society of Journalists and Authors

Defending Rights & Dissent

First Amendment Foundation

National Coalition Against Censorship

National Press Photographers Association (NPPA)

PEN America

Society of Environmental Journalists

Society of Professional Journalists

The Media and Democracy Project

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