The Patriot Act and Freedom of the Press

On May 7, 2025, Representative Anna Luna (R-FL) presented a bill called the “American Privacy Restoration Act.” The bill would repeal the ironically named USA Patriot Act and return all affected laws to their status before 9/11 (luna.house.gov). The act has been referred to committee and hasn’t reached the floor for a vote. While the government is shutdown it won’t be voted on. GovTrack predicts there is 0% chance the act will pass. You can use their site to send your representative your opinion.

The Patriot Act doesn’t get a lot of press these days. People seem to have forgotten, or not noticed, the changes in our government since the Twin Towers attacks 24 years ago. One reason the Patriot Act doesn’t get a lot of press; the Patriot Act affects what you see on the news.

Sponsored by Representative Tom Cole (R-OK) the bill H.R.1968 – Full-Year Continuing Appropriations and Extensions Act, 2025 became law (Congress.gov). The law extends the Patriot Act for another year.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. First Amendment of the US Constitution.

The Patriot Act authorizes surveillance of reporters and seizure of their phones and other records. This is to allow law enforcement access to their sources. This can be done without the reporter being informed. Further, a gag order is applied that prevents the reporter from telling anyone their materials have been taken by the government. The order applies for life.

Surveillance creates an atmosphere of fear journalists must live and work with. It affects the way they report the news.

Freelance journalist and video blogger Josh Wolf was imprisoned for refusing to surrender video of G8 protests in San Francisco CA in 2005. Part of his video showed a protester being choked by a police officer. Wikipedia

In 2010, the FBI seized the phone records of New York Times reporter James Risen, as part of an investigation into a CIA leak. Risen’s case highlighted the use of the PATRIOT Act to gather information from journalists Number Analytics

No whistle blower or “unnamed source” cited in the news can be taken at face value. The government can find out their identity, they can be prosecuted and they know it. People with a clearance sign a disclosure agreement with the government that is in affect for their entire life. So called “government whistleblowers” are mostly not on the level; they are “leaking” information that is either not real or intentional propaganda. The government can use agents to release “information” and defer the blame for it. Psychologically some people are more likely to believe something they think was “leaked” rather than released by the government.

The Department of Homeland Security takes down webpages they deem to be terrorist related. This has included some discussions on counter terrorism methods.

In other changes, Section 215 removed a FISA provision that limited the types of records that the government, with a FISA court order, could require certain businesses to produce, replacing it with a general authority to demand “any tangible things” of any third party, including “books, records, papers, documents, and other items.” This section also imposed a gag order that generally prohibited third parties from disclosing the fact that the Federal Bureau of Investigation (FBI) had sought or obtained such things. Britannica

Prior Restraint is the legal term used when the government tries to prevent the press from printing a news story (Cornell Law School). If taken to court judges will weigh the gag order based on First Amendment rights and the current political situation. During time of war or national emergency the judges may favor the government. These reviews may happen in secrecy under the Patriot Act.

The Patriot Act is based on the War on Terror and presumably can be used to preempt a news organization from printing a story. We are not allowed to see when and how this doctrine has been applied.

The first amendment’s provision for Freedom of the Press is designed to prevent abuse of the press for political purposes. The question we must ask ourselves is; have these powers of the DHS over domestic press devolved to become political manipulation?

Can a cult be created in the DHS, CIA, FBI or any other government department?

  • Repeal the Patriot Act The New American
  • Patriot Act Wikipedia
  • The Patriot Act Threatens Freedom of the Press Encyclopedia.com
  • PATRIOT Act’s Influence on Media Number Analytics (most of the links in this article have been removed)
  • Justice Department ignored some policies when seizing reporters’ phone records, watchdog finds AP News
  • AP Phone Records Scandal Highlights a Broader Problem: Lack of Checks and Balances on Government Access to Records ACLU
  • CPJ joins call for meaningful reform of US surveillance Committee to Protect Journalists
  • Trump Justice Dept. seized phone records of 4 NYT reporters NBC News
  • Why Did CISA Take That Video Down?’: Dan Bishop Grills DHS Official About ‘Disinformation’ Campaign YouTube
  • What Powers Does the Patriot Act Give the FBI and NSA? legalclarity
  • Stifled Voices: Growing Dangers of Censorship in the Media Princeton Political Review
  • The Neglected History of the Prior Restraint Doctrine McKinneyLaw
  • The GOP Opposes Biden’s Nominee to head the ATF 4dforum