Less than a month into Donald Trump’s second presidency, concerns over press freedom are mounting as journalists, newsrooms, and legal experts brace for what could be an era of increased government scrutiny, intimidation, and censorship. From federal investigations into media organizations to reporters being barred from the White House, press advocates warn that the very foundation of a free and independent press is under siege.

At a Feb. 14 Ethnic Media Services panel discussion, leading media law experts and press advocates detailed the risks facing journalism today. They explored government overreach, legal threats against news organizations, and the chilling effect on journalists and their sources.

Government Investigations and Regulatory Attacks

One of the most alarming developments has been the Federal Communications Commission (FCC)’s investigation into Bay Area radio station KCBS, following its coverage of ICE raids in San Jose on Jan. 26. The station now faces the possibility of losing its broadcast license—an unprecedented move that many view as retaliation for its reporting.

David Loy, legal director of the First Amendment Coalition, warned that the FCC’s actions signal a dangerous shift. “It appears to be a claim that reporting the news is not in the public interest if the government doesn’t like what’s being reported,” he said, calling it a clear abuse of power.

The FCC’s scrutiny isn’t limited to KCBS. Regulatory inquiries have also been launched into NPR, PBS, and MSNBC’s parent company, Comcast, raising concerns that federal agencies are being weaponized to punish critical news outlets. Brandon Carr, a Republican FCC commissioner, has led these efforts, citing reasons that legal experts argue are politically motivated.

Legal Attacks: The New Front Line Against Journalism

Legal challenges against journalists and media organizations are nothing new, but experts say the current administration is taking a more sophisticated and aggressive approach. Joel Simon, founding director of the Journalism Protection Initiative at the Newmark Graduate School of Journalism, emphasized that these attacks aren’t always direct censorship—they often come in unexpected forms.

“We have documented cases where legal harassment of the press isn’t about news content itself, but about unrelated issues like tax violations, fraud allegations, or workplace policies,” Simon said. He warned that this tactic—previously seen in authoritarian regimes—is now being used in the United States to silence dissenting voices.

Zach Press, a senior staff attorney at Lawyers for Reporters, echoed these concerns, urging media organizations to proactively protect themselves. He advised newsrooms to ensure editorial consistency, strengthen legal policies, and obtain media liability insurance to withstand lawsuits designed to drain their resources.

Intimidation and the Chilling Effect on Reporters

Beyond legal threats, direct intimidation of journalists has escalated. The Associated Press was recently barred from the White House after refusing to comply with a controversial executive order renaming the Gulf of Mexico the “Gulf of America”. Meanwhile, President Trump and Elon Musk have used their social media platforms to publicly target specific journalists, leading to harassment and threats.

David Loy cautioned against self-censorship, emphasizing that fear itself is a powerful tool of control. “The process is the punishment. Investigations alone have a chilling effect on journalists and their sources,” he explained, adding that newsrooms must resist the temptation to back down in the face of intimidation.

Joel Simon reinforced this point by pointing to press crackdowns in India, Hungary, and Venezuela, where slow but deliberate erosion of press rights eventually led to full-scale government control of media. “Once press freedom is eroded, history shows it’s incredibly difficult to reclaim it,” Simon warned.

What Can Journalists Do?

With press freedom at a critical juncture, panelists urged journalists to take proactive measures to protect their work and their rights:

  • Strengthen legal protections: Newsrooms should secure media liability insurance and familiarize themselves with anti-SLAPP laws to defend against frivolous lawsuits.
  • Enhance digital security: Encrypted messaging apps like Signal, secure email services like ProtonMail, and rigorous cybersecurity measures can help protect sources.
  • Be rigorous and transparent: “Make sure your reporting is bulletproof,” said Loy. “Meticulous fact-checking and consistent editorial standards are the best defense.”
  • Resist self-censorship: Despite the risks, journalists must continue reporting the truth, refusing to be bullied into silence.

While the legal and political landscape remains uncertain, one message from the panel was clear: The future of American journalism depends on the courage of those willing to defend it.