Today, is World Press Freedom Day. Which made this post feel very fitting.
This week, during his resignation speech, Judge Baillargeon lamented about civil rights being under attack and specifically cited the silencing of journalists. Being one of my favorite judges, a tremendously inspiring person, and an overall force of good, he will surely leave behind a legacy where he is not only known for his spiffy bow ties, but his commitment to constitutionally-protected rights.
(Seriously, I just adore him, can you tell?)
One of those rights, is the First Amendment.
Our democracy claims to honor and uphold freedom of the press, and as a result, one would think that journalists have a secure place in the courtroom, observing, reporting, and holding power to account. But across the country, a troubling trend is emerging: courts are increasingly silencing journalists, using the very institutions meant to protect justice as tools to suppress it.
Just this past week, the Trump Administration decided to roll back Biden-era press protections. Reporters without Borders tracks the data, and it’s definitely getting sketchy for America.
Whether it’s through gag orders, sealed records, denied access, or retaliatory contempt charges, reporters are being pushed out of spaces where transparency is not only warranted; it’s essential.
The Rise of Court-Imposed Silence
Journalists covering the legal system are no strangers to tension. Judges often walk a fine line between ensuring fair trials and protecting First Amendment rights. But that balance is increasingly tipping in favor of secrecy.
Here are a few tactics being used to keep reporters quiet:
Overbroad Gag Orders: some judges are issuing sweeping orders that prohibit parties and sometimes even witnesses or the press from speaking about cases, under the guise of protecting the judicial process. In some instances, these orders apply to journalists who were never parties to the case in the first place.
Access Denied: Reporters are being barred from courtrooms, particularly in cases involving police misconduct, judicial impropriety, or controversial prosecutions. Doors that should be open are slammed shut with little to no justification.
Sealed Records, Secret Hearings: More cases are being decided behind closed doors with records sealed indefinitely. This undermines both the public’s right to know and the press’s ability to report truthfully and completely. Consider this lawsuit at the ACLU concerning rights to secure courtroom video.
Contempt as a Weapon: Some courts have gone as far as jailing or fining journalists for refusing to reveal sources or for publishing legally obtained information that officials simply find inconvenient.
Why This Matters
The courtroom is not just a venue for legal drama; it’s where real lives are impacted by decisions made in the name of the public.
When journalists are silenced, so is the public’s ability to witness those decisions. Because without independent journalists, you can’t count on the local news media, increasingly under political influence, to care.
This erosion of transparency damages trust in the justice system and enables abuse of power to flourish in the dark.
Let’s be clear: transparency doesn’t threaten justice. It strengthens it.
Case Studies in Suppression
In case looking around and today’s political landscape isn’t enough, consider these accounts:
In Missouri, a journalist was threatened with charges for reporting on flaws on a government website. But they had thanked him before they decided to threaten him.
In Arizona, a judge sealed court documents related to a police shooting, citing vague concerns about safety and publicity.
In multiple jurisdictions, investigative journalists reporting on corruption or prosecutorial misconduct have faced retaliatory subpoenas and threats of legal action meant to intimidate and chill their reporting.
The Call for Reform
To protect democracy, we must protect court transparency. That includes:
- Stronger protections for journalists and their right to report on public proceedings.
- Clear limits on gag orders that respect press freedoms.
- Mandatory justification for sealing court records and denying access.
- Legal safeguards for whistleblowers and investigative reporters targeted through retaliatory means.
Courts should be fortresses of accountability, not complacent in secrecy.
Resources for Journalists:
