By Kris Cundiff
Many journalists seeking information from public officials are all too familiar with the same obstacle: “I’m not allowed to talk to you.”
Blanket policies that prohibit rank-and-file public employees from speaking freely with the press are pervasive across the country. These so-called “gag” policies often require government workers to get permission from higher-ups or the public relations office before speaking with the news media, and they’re meant to control the government’s messaging. But too often, the outcome is obstruction.
Journalists regularly report facing delays or denials when public information officers control access to government employees with direct knowledge of newsworthy issues. When these employees can’t speak freely to reporters, the public loses out on important information.
That’s why my colleagues at the Reporters Committee for Freedom of the Press are helping journalists challenge the constitutionality of these gag policies.
In 2024, Reporters Committee attorney Paula Knudsen Burke, alongside attorneys from the Yale Law School Media Freedom and Information Access Clinic, represented journalist Brittany Hailer in a federal lawsuit that forced a Pennsylvania county to scrap such a policy in its jail. That lawsuit is believed to be the first of its kind brought by a journalist, according to the Society of Professional Journalists.
Earlier this year, local officials in Key Biscayne, Florida, agreed to sunset a similar policy after Reporters Committee attorneys brought a First Amendment lawsuit to challenge it on behalf of a nonprofit newsroom.
Now, Burke is representing three news outlets in a federal lawsuit challenging a gag policy at Pennsylvania State University that not only requires members of its board of trustees to get permission from the board before speaking with the news media — it prohibits its trustees from making “negative” or “critical” public statements about university affairs altogether.
The lawsuit argues that the restrictions infringe on journalists’ First Amendment rights to receive information from trustees who would otherwise speak freely with reporters, making it harder for journalists to report news about the state’s largest university.
So far, we’ve seen that when journalists put pressure on government officials to reform these problematic policies, it can spark change. If you suspect that a gag policy is hindering your coverage of public agencies in Indiana, there are a few things you can do.
First, determine the agency’s rules for its employees speaking with the press. When you know exactly what the policy says, it’s easier to navigate it. If the agency has a formal news media policy, you can submit a public records request for it. The Reporters Committee’s Open Government Guide for Indiana is a great resource with everything you need to know about Indiana’s Access to Public Records Act, and SPJ has a sample template for requesting these kinds of policies.
When you have the policy in hand, you should consider a few questions: Who is subject to the policy? Who enforces it? If an employee violates the policy, could they face disciplinary action? These factors could come into play if a government employee invokes the policy as a reason he or she can’t speak with you.
Also, document any difficulties you face in reporting as a result of the policy. If these restrictions are standing in the way of getting straight answers from government officials about neighborhood schools or public safety, the public has a right to know.
Finally, please reach out to me about these government gatekeeping practices — or any other legal questions you face in newsgathering. My email is kcundiff@rcfp.org, and my legal support is always free to journalists.
Kris Cundiff is the Indiana Local Legal Initiative attorney at the Reporters Committee for Freedom of the Press. He lives just outside of Indianapolis.
