Federal prosecutors attempted to compel testimony from journalists covering national security. The subpoenas were withdrawn after legal challenges. Newsrooms raised concerns about press freedom.
Media organizations tracking legal risks to reporting should note a recent move by the Justice Department that briefly threatened to force journalists from The Washington Post and Wall Street Journal to testify before a federal grand jury. The department issued subpoenas to reporters from both outlets, seeking their testimony in connection with national security coverage, according to a Justice Department official familiar with the situation.
The subpoena to Washington Post reporter Ellen Nakashima was delivered this spring and related to sensitive reporting on a national security issue. Three Wall Street Journal journalists who also covered national security matters received similar grand jury subpoenas. Both news organizations challenged the legal orders, prompting the Justice Department to withdraw the subpoenas earlier this month.
This episode highlights ongoing tensions between government investigations and press freedom, especially when national security is involved. For context, regulatory scrutiny of media practices is not limited to the United States; for example, the UK press regulator recently resolved most complaints in favor of the public, as detailed in this report on UK press complaints outcomes.
