Journalists will join forces with lawyers to fight back in court

In 2026, journalists will need to assert their rights against governments and, when they hit a wall, join forces with lawyers to fight back in court.

The first year of the second Trump administration has already seen new heights in unlawful efforts to cut off access to information (and to punish newsrooms for doing their job). From unconstitutionally booting the Associated Press from the Oval Office because of its editorial stance, to creating unlawful press access policies at the Pentagon, the administration is desperately seeking to choke coverage it doesn’t like. The currents shaping these efforts are only likely to intensify in 2026.

The decimation of the federal workforce has put a particular strain on FOIA, which has never been adequately staffed or funded. Getting answers to FOIA requests — which was already almost impossible — has become even harder. As a telling example, while Department of Health and Human Services Secretary Robert F. Kennedy, Jr. promised “radical transparency,” he gutted the FOIA offices at the department, stymying access to critical information at a time of upheaval in American healthcare.

But it’s not just the feds who are trying to cut journalists off from information. A number of states have recently passed so-called “buffer zone” laws that criminalize approaching law enforcement personnel if told to stop. Those laws unconstitutionally restrict who can gather information to report on what the police are doing. Local governments have also sought to enact policies that restrict public employees from talking to the press without permission, stifling willing speakers from sharing information that benefits the public. And states like Tennessee and Indiana have sought to restrict press access to executions, where the press plays a crucial role documenting the government’s ultimate punishment.

The good news is that reporters and news organizations don’t have to fight back alone. Reporters Committee attorneys have already stopped enforcement of the police buffer laws in Indiana and Louisiana. We’ve filed FOIA lawsuits for newsrooms against ICE, the State Department, HHS, and more in the last few months. And we’re challenging restrictions on access to executions, gag policies, court proceedings, and more. All pro bono, and all with the mission to protect First Amendment freedoms.

Reporters sometimes dislike the idea of litigating because they want their work — not themselves — to be the story. I understand that, and I respect the sentiment. But access to information is a muscle that must be flexed by the press if it is to retain its democratic vitality. We must fight against each attempt to chip away at our legal rights. So wear your name on a lawsuit as proudly as you do your byline. And come to RCFP: We can help.