Tuesday, June 03, 2025

First Amendment question-Hypothetical: Washington Post hires a "stringer" in Gaza.

The editors know that the stringer is a member of Hamas, a designated foreign terrorist organization under federal law. - Clarice Feldman is with Washington Post.
  • The stringer reports from Gaza, and the Post relies on his reporting, as they would any other employee, despite his membership in Hamas.
  • The government indicts relevant actors for material support for terrorism
Would the First Amendment protect them from criminal charges?
Obviously, newspapers have had terrorist leaders write op-eds, and don't seem to fear criminal liability from that, and that seems correct. 
And media outlets can obviously quote statements from Hamas or Hezbollah.
  • But it strikes me as at least potentially distinguishable to *hire* a known member of Hamas, allow that person to be "reporting" the news, and *not disclose* to readers that the individual is known to be a member of Hamas...

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