Muzzling microphones while murderers walk free: An attack on the First Amendment and the rule of law

Ashley L. Upkins, President of the National Bar Association issued this statement today.

Today, many of us are feeling storms from all directions.

Some are literal snow and ice storms brought on by Mother Nature, leaving families without power or heat, including in my hometown of Nashville.

And some “ICE storms” are administration-made, manufactured through policy choices and enforcement actions that attempt to suppress speech and eradicate American values.

Let me be clear: even if our homes are without power, we are not!

We have the power of the Constitution. We have the power of our courts. And we have the power of our voices and the obligation to resist efforts that undermine democracy and silence a free press.

As President of the National Bar Association, I am outraged by reports that journalists, including Don Lemon, Georgia Fort and others, were arrested by federal agents after covering a public protest in St. Paul.

Instead of arresting journalists in an attempt to muzzle their microphones, the administration should be arresting the murderers of Keith Porter, Jr., Alex Pretti and Renee Good. This is a direct assault on the First Amendment and a chilling signal to every journalist and every American who understands that democracy requires sunlight.

We are watching, in real time, the dissemination of information come under direct attack.

Journalists are being arrested. Facts are openly contested. Truth is increasingly treated as negotiable. Many of us woke up today to headlines that were deeply disturbing. What is clear is this: control over information is being tested in this country and the press is being placed squarely in the crosshairs.

A free press is a constitutional cornerstone.

Journalists engaged in lawful newsgathering and reporting must be able to do their jobs without fear of arrest or retaliation by the federal government. Any effort to criminalize press activity demands the highest level of judicial scrutiny and a clear constitutional basis.

The National Bar Association calls for a prompt, independent review of the facts surrounding these arrests. Anything less undermines public trust and the rule of law.

Protecting public safety and enforcing the law can never come at the expense of civil liberties.

The National Bar Association will not be silent while the press is treated as a threat rather than a safeguard.

The National Bar Association is joining forces with other organizations to support every legal and institutional tool available to challenge unconstitutional overreach and defend a free and independent press.

Ashley L. Upkins, President, National Bar Association