Special Investigations

Press Freedom Defense Fund

Nonprofit Coalition Asks Courts to Prevent Coercive Federal Investigation Tactics

Seventeen organizations filed an amicus brief calling out pretextual federal investigations and arguing for judicial oversight.

Seventeen nonprofit organizations, led by The Intercept’s Press Freedom Defense Fund, filed an amicus brief today urging the U.S. Court of Appeals for the D.C. Circuit to prevent the Federal Trade Commission from conducting an retaliatory investigation into Media Matters for America, brought after Media Matters published critical reporting about allies of the Trump administration.

The brief, authored by Albert Sellars LLP, notes that this sort of coercive tactic — where a federal agency will launch a pretextual investigation, keep it open as a way to coerce compliance, and resist any effort to have a court review the lawfulness of the agency’s actions — has become a troublingly common form of government intimidation under the current administration. From the Justice Department to the Federal Communications Commission, court intervention has been one of the few tools that organizations have to prevent federal overreach. The amicus brief asks the appellate court to uphold a preliminary injunction. Without judicial remedy, such investigations are an acute danger to the nonprofit organizations that Americans rely on for information on matters of public concern. The brief argues that courts must intervene to prevent such investigations from chilling coverage of issues that might be adverse to those currently in power. 

“Nonprofit organizations must be aggressively vigilant to protect First Amendment rights in the face of a federal government’s onslaught,” said David Bralow, legal director of the Press Freedom Defense Fund. “The chilling investigation into Media Matters is one of many affronts to free speech. These unabridged regulatory invasions, combined with such other attacks like the arrest of journalists in Minnesota and the invasive seizure of confidential communications in Washington, D.C., demonstrate the perilous state of our democracy.”

Read our complete coverage

The coalition includes a mix of nonprofit research, advocacy, and media organizations, including CalMatters, the Center for Investigative Reporting, the Coalition for Independent Technology Research, the Dangerous Speech Project, Defending Rights & Dissent, the Electronic Frontier Foundation, the First Amendment Coalition, Free Press, Freedom of the Press Foundation, Lion Publishers, MuckRock Foundation, the National Coalition Against Censorship, Open Vallejo, the Project on Government Oversight, Public Knowledge, and Reporters Without Borders USA. 

“The Press Freedom Defense Fund exists to confront exactly this kind of abuse. When the government uses open-ended investigations to drain resources, intimidate funders, and silence critics, the damage goes far beyond one organization — it sends a warning to every journalist and researcher in the country. We’re standing with Media Matters because the First Amendment is not negotiable,” said Annie Chabel, CEO of The Intercept.

For more information, please contact The Intercept’s Miroslav Macala at miroslav.macala@theintercept.com.

IT’S EVEN WORSE THAN WE THOUGHT.

What we’re seeing right now from Donald Trump is a full-on authoritarian takeover of the U.S. government. 

This is not hyperbole.

Court orders are being ignored. MAGA loyalists have been put in charge of the military and federal law enforcement agencies. The Department of Government Efficiency has stripped Congress of its power of the purse. News outlets that challenge Trump have been banished or put under investigation.

Yet far too many are still covering Trump’s assault on democracy like politics as usual, with flattering headlines describing Trump as “unconventional,” “testing the boundaries,” and “aggressively flexing power.” 

The Intercept has long covered authoritarian governments, billionaire oligarchs, and backsliding democracies around the world. We understand the challenge we face in Trump and the vital importance of press freedom in defending democracy.

We’re independent of corporate interests. Will you help us?

IT’S BEEN A DEVASTATING year for journalism — the worst in modern U.S. history.

We have a president with utter contempt for truth aggressively using the government’s full powers to dismantle the free press. Corporate news outlets have cowered, becoming accessories in Trump’s project to create a post-truth America. Right-wing billionaires have pounced, buying up media organizations and rebuilding the information environment to their liking.

In this most perilous moment for democracy, The Intercept is fighting back. But to do so effectively, we need to grow.

That’s where you come in. Will you help us expand our reporting capacity in time to hit the ground running in 2026?

We’re independent of corporate interests. Will you help us?

I’M BEN MUESSIG, The Intercept’s editor-in-chief. It’s been a devastating year for journalism — the worst in modern U.S. history.

We have a president with utter contempt for truth aggressively using the government’s full powers to dismantle the free press. Corporate news outlets have cowered, becoming accessories in Trump’s project to create a post-truth America. Right-wing billionaires have pounced, buying up media organizations and rebuilding the information environment to their liking.

In this most perilous moment for democracy, The Intercept is fighting back. But to do so effectively, we need to grow.

That’s where you come in. Will you help us expand our reporting capacity in time to hit the ground running in 2026?

We’re independent of corporate interests. Will you help us?

The War on Immigrants

Kristi Noem Repeatedly Claimed ICE Deported a Cannibal. It Was “Completely Made Up.”

Law enforcement sources told The Intercept that Noem’s tale about a cannibal was a fabrication.

The Intercept Briefing

What Does Trump Want With Cuba?

The Intercept Briefing

The Trump administration’s maximum pressure campaign is pushing Cuba into a deeper humanitarian crisis.

Trump Menaces Iran With Massive Armada Capable of Prolonged War

The amount of military forces gathering near Iran dwarfs even the monthslong build-up before the U.S. coup in Venezuela.

© The Intercept. All rights reserved

Enter your email to keep reading for free.

This is not a paywall.

By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use.

No ads. No corporate BS. Skip the propaganda and donate to keep The Intercept going strong:

No ads. No corporate BS. Skip the propaganda and donate to keep The Intercept going strong:

We’re independent of corporate interests. Will you join us?

© The Intercept