Judge Rules Conspiracy Theorist Actions Unconstitutional

Michael Hedges November 25, 2020 Follow on Twitter

Long associated with crackly shortwave signals and wars, cold and not, government-funded international broadcasting languished when the memories of the Cold War dimmed after the fall of the Berlin Wall. Interest in news and features from distant lands rose again as major international broadcasters adjusted their missions as they replaced shortwave for FM. BBC World Service, Radio France International, Deutsche Welle and Voice of America bolstered journalistic endeavors with statutory "firewalls" between the journalism and governments. Propaganda did not end, obviously, but international broadcasting took on a different context. Audiences returned.

Under established US legislation a “firewall” exists between journalists and political appointees at US-funded international broadcasters; Voice of America (VOA), Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia, Office for Cuba Broadcasting and Middle East Broadcasting Networks. Those broadcasters are funded by the US Congress and managed by the US Agency for Global Media (USAGM), which was established in 2018 to replace the Broadcasting Board of Governors.

Late last week (November 20), US district court judge Beryl Howell enjoined USAGM and its executives from abridging editorial independence and First Amendment rights of its journalists. It is a temporary injunction pending a full trial. The ruling stems from a complaint by several USAGM officials placed on administrative leave in August, which they claim was unlawful, violating the First Amendment of the US Constitution and the statutory firewall. The Department of Justice presented a claim a week earlier that USAGM employees, on the federal payroll, do not enjoy First Amendment (speech freedom) protections.

Judge Howell disagreed. Mr. Pack and his deputies "violated and continue to violate (journalists’) First Amendment rights because, among other unconstitutional effects, they result in self-censorship and the chilling of First Amendment expression," said her opinion. "These current and unanticipated harms are sufficient to demonstrate irreparable harm."

Two years ago now outgoing US president Donald Trump nominated Michael Pack to be USAGM chief executive and he was finally confirmed this past June by the Republican controlled Senate. Mr. Pack’s primary credentials were as a documentary producer and promoter of right-wing conspiracy theories. Top USAGM officials walked out on the appointment. Then in his first act, within days, the five operational directors of each broadcasting operation were fired or suspended along with several deputies. He also suspended visas for all foreign employees.

If that wasn’t enough he ordered an investigation into VOA White House Bureau Chief Steve Herman for posting a segment on then presidential candidate (now President-elect) Joe Biden that Mr. Pack called “anti-Trump.” An internal investigation was ordered and undertaken by two political appointees, conclusions still unavailable for “confidentiality” reasons. It should be noted that Mr. Herman is well-respected among Washington correspondents. VOA’s journalism is also highly-regarded even though its output is generally unavailable within the US. Prague-based RFE/RL, with a slightly different mission, is almost completely unknown within the US. It continues to distress Eastern European autocrats.

“The court confirmed that the First Amendment forbids Mr. Pack and his team from attempting to take control of these journalistic outlets, from investigating their journalists for purported ‘bias,’ and from attempting to influence or control their reporting content,” said attorney representing plaintiffs Lee Crain, in a statement, quoted by NPR (November 24). "We are deeply grateful for Chief Judge Howell's opinion, which ensures that the journalists at Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, and their sister networks can rest assured that the First Amendment protects them from government efforts to control editorial and journalistic content.”

Biden campaign spokesperson Andrew Bates telegraphed Mr. Pack’s tenuous position “soon after (Biden enters) the White House“ because it is believed he wants to turn USAGM “into Trump TV,” reported news portal Vox (June 25), “Michael Pack is decidedly unqualified,” he said, “and his actions risk hijacking invaluable, nonpartisan media institutions that stand up for fundamental American values like freedom and democracy in the world.”

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