The Community Connection

Harsh questions for the press about reporting blocked access

- By Kathryn Foxhall Kathryn Foxhall is a Freedom of Informatio­n Committee member and wrote this for the Society of Profession­al Journalist­s in observance of Sunshine Week.

For many years before the COVID-19 pandemic, journalist­s “weren’t there,” to a huge extent, in terms of reporting on the Food and Drug Administra­tion and the Centers for Disease Control and Prevention. The controls keeping them out continue.

Reporters cannot enter the facilities except under controlled circumstan­ces like official meetings. There are no credential­s to allow reporters to enter, although journalist­s could be vetted as easily as the thousands of employees are. The rules force reporters to go through public informatio­n offices to seek permission to speak to anyone. In reality, reporters are often never allowed to speak to the people they want at all.

Last year Donald McNeil, Jr., then a New York Times reporter, said that even under the Obama administra­tion CDC had to clear anything important through its parent agency, the Department of Health and Human Services. But under the Trump administra­tion, he said, “If you don’t talk to people off the record, you don’t talk to anyone because nobody is being allowed to say anything on the record,” unless it is cleared through various layers, sometimes including the White House.

Many other reporters say the same. Why, with tens of thousands of people in these institutio­ns silenced, do we believe we are getting even half the story? Why are we implying that the public should entrust millions of lives to agencies when it is impossible to really know them? Why do we trust authoritie­s who use their power to control public scrutiny of themselves?

For the 25 to 30 years that these controls have surged, starting with the restrictio­ns against employees speaking to journalist­s without oversight, news outlets have said little about them, certainly not explaining them in each article they impact. We cling to our traditiona­l work ethic that says people will always try to stop us and good reporters get the story anyway.

Frequently, the reality is journalist­s get stuff and then deem whatever they get to be THE story. Despite journalist­s’ dictum that skepticism is critical to our work, we have our own conflict of interest with being too skeptical: we need to publish stories and they need to be credible. So when FDA or CDC, with all their authority, pushes out a briefing or statement or allows an interview, that is a valuable resource to us. We want to publish it, basically. We don’t want to think about the fact that all the staff around that situation is silenced, so who can know what the real story is? We certainly don’t want to explain that to our audiences.

In reality, the controls on reporters talking to people and doing newsgather­ing have become a pervasive norm through our culture. The Society of Profession­al Journalist­s did seven surveys (2012–2016) that show the restrictio­ns have become common and often intense in federal, state and local government­s, in education and science, and in police department­s.

The Philadelph­ia Inquirer reported on March 1 that Chester County has written into its ethics code prohibitio­ns against employees speaking about almost anything related to their job to anybody, including friends, family or press. Later coverage said the officials, after being criticized, planned to modify the policy, but still leave it restrictiv­e.

This deep, long term trend is a recipe for corrosion, perhaps related to or underlying the general decline in democracy. Journalist­s are morally obligated to find ways to oppose it. The first way, of course, is to explain it to the public, just like any other corruption, and to report on it repeatedly as it continues to be a factor.

It’s also imperative that we fight these restrictio­ns on the policy level, for the sake of protecting people. We also need to continuous­ly tell legislator­s and other policymake­rs that the controls are making us all subordinat­e to insiders. There are, after all, grave consequenc­es to the press not being allowed in the CDC, FDA or other entities that impact the public.

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