Prosecution of journalists
Prosecution of journalists for newsgathering activity is the use of criminal law — anti-leak statutes, espionage acts, conspiracy theories, obstruction charges — to deter reporting on government. Concrete forms include indictments of reporters for receiving classified information, subpoenas seeking the identification of sources backed by criminal contempt for refusal, prosecutions theorized as "conspiracy" with sources, and post-publication charges that effectively criminalize the work of investigative reporting. Espionage prosecutions of leakers themselves are a separate matter; the publication tracks cases where the journalist is the target.
Documented entries (4)
2026
DOJ issued grand jury subpoenas compelling Washington Post and Wall Street Journal reporters to testify about sources
On June 23, 2026, the Justice Department issued grand jury subpoenas ordering reporters at The Washington Post and The Wall Street Journal to testify about their confidential sources, then withdrew the subpoenas after they became public. The Associated Press confirmed the issuance and withdrawal via sources familiar with the matter. The subpoenas targeted newsgathering activity, not disclosures of classified information, making them a direct threat to press-source confidentiality at two of the country's largest newspapers.
FBI opens criminal leak probe targeting the sources behind The Atlantic's reporting on Kash Patel
In early May 2026, MS NOW reported — with corroboration from PBS NewsHour, TheWrap, Poynter and Democracy Now — that the FBI had opened a criminal "insider threat" investigation into the sourcing behind Atlantic reporter Sarah Fitzpatrick's story documenting FBI Director Kash Patel's excessive drinking and erratic conduct. The probe is highly unusual: it does not stem from any disclosure of classified information and instead targets leaks to a journalist, a posture in which reporters have historically been treated only as witnesses. FBI agents assigned to the matter reportedly objected that they were not supposed to pursue it, and the bureau publicly denied the investigation.
DOJ charges 30 more over anti-ICE Minnesota church protest, bringing total to 39 defendants
On February 27, 2026, the U.S. Justice Department unsealed a superseding indictment in the U.S. District Court for the District of Minnesota charging 30 additional people — bringing the total to 39 — over the January 18 anti-ICE protest at Cities Church in St. Paul. All 39 are charged under place-of-worship civil-rights statutes, including the Freedom of Access to Clinic Entrances (FACE) Act, with conspiring to interfere with and interfering with the free exercise of religion; the defendants include independent journalists Don Lemon and Georgia Fort, who say they were covering the protest as reporters. Attorney General Pam Bondi announced that 25 of the 30 newly charged had been arrested, even though a magistrate judge had earlier found no probable cause to arrest several defendants, including the journalists.
Federal grand jury indicts independent journalist Georgia Fort and former CNN anchor Don Lemon under FACE Act for covering anti-ICE church protest
On January 30, 2026, federal agents arrested independent journalist Georgia Fort and former CNN anchor Don Lemon following an anti-ICE protest at Cities Church in St. Paul, Minnesota, where a U.S. Immigration and Customs Enforcement official serves as pastor. A federal grand jury in Minnesota indicted both on charges of "conspiracy against right of religious freedom at place of worship" under the Freedom of Access to Clinic Entrances (FACE) Act of 1994. Both journalists have maintained they were reporting on the protest, not participating in it. As of mid-May 2026, Fort reports that the legal constraints of the pending prosecution have functionally silenced significant portions of her newsgathering.