Unprecedented times call for unprecedented measures, and since the beginning of the year, ASJA has taken an unprecedented stand to uphold and protect free speech, freedom of the press, and other rights that freelance writers and authors hold dear.
That was the message from members on ASJA’s First Amendment and Advocacy committees who spoke at a June 10 webinar.
Members addressed the challenges to the U.S. Constitution, especially the First Amendment, that have occurred with greater frequency since the beginning of the current presidential administration. Protecting First Amendment rights that writers depend on for their livelihoods have long been part of ASJA’s mission.
“ASJA’s leaders felt it was necessary to bring members up to date on the ongoing efforts being made by the organization regarding free speech and freedom of the press, as well as other topics,” Sherry Paprocki, chair of the First Amendment Committee and a former ASJA president, said in the webinar.
In the hour-long event, multiple members briefed attendees on the letters and statements ASJA has written or signed onto since the start of the year, all voicing First Amendment concerns; efforts to pass legislation to protect journalists from frivolous defamation lawsuits; federal legislation affecting freelancers rights to self-employment; and how ASJA is participating in the ongoing fight against book bans.
ASJA Statements Support First Amendment Rights
First Amendment concerns, and freedom of the press in particular, have been a top priority for Darcy Lewis since she became ASJA president in January. Since then, Lewis and the ASJA board of directors have approved ASJA joining other media and civic groups to sign letters or public statements sent to elected US officials decrying challenges to press freedoms. Those communications include:
- In May, signing onto an Authors Guild petition to Congress to reinstate Register of Copyrights Shira Perlmutter
- In April, signing onto a Society of Professional Journalists statement supporting press freedom and reaffirming the role of ethical journalism in modern society
- In March, issuing a statement denouncing the federal government’s intention to dismantle the reinstatement of the Voice of America and calling for its reinstatement
- In February, signing onto a Demand Progress/Freedom of the Press Foundation letter to the U.S. Senate opposing the permanent appointment of Interim U.S. Attorney for D.C. Edward R. Martin, Jr., who threatened to prosecute journalists who “threaten” or “impede” the Department of Government Efficiency.
See the extent of ASJA’s activity and read full text of all statements on the Media Releases page of the ASJA website.
Update on Protecting Writers Against Unwarranted Defamation Lawsuits
In the webinar, lawyer and ASJA member Michael Bobelian updated members on the latest developments in efforts to protect writers again frivolous defamation lawsuits. Those efforts are focused on anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The issue is important for anyone, but especially important to journalists when they are sued, Bobelian said.
To date, 35 states and Washington D.C., have passed versions of anti-SLAPP laws. The laws generally stipulate that if the defendant proves that they did not defame the plaintiff, the presiding judge can compel the plaintiff to cover the defendant’s legal fees. Such a request must be made prior to the start of the discovery phase of the lawsuit, and if it is successful, the case is immediately suspended and the attorney fees may be awarded.
There is no federal anti-SLAPP law but a small contingency of federal legislators has taken an interest in the matter, Bobelian said.
Update on Actions to Protect Freelancers’ Rights to Self-Employment
ASJA Advocacy Committee chair and Fight For Freelancers cofounder Debbie Abrams Kaplan updated attendees on ongoing efforts to protect freelancers’ rights to self-employment.
Kaplan has been among those who’ve worked for years to stop an anti-freelancing bill called the Protecting the Right to Organize (PRO) Act from becoming law. The PRO Act, which is ostensibly intended to make union organizing easier, includes an ABC test to determine who is considered an employee for the purposes of organizing that would likely impact whether some companies continue using independent contractors. The PRO Act is currently introduced in both the federal House and Senate but it is not anticipated to proceed in a meaningful way, given the current Congressional makeup.
Toward the end of President Donald Trump’s first term, his administration implemented an independent contractor rule seen as favorable to freelancers, but the Biden administration replaced it with its own seven-factor test to help determine whether a person is an independent contractor or employee. The Biden rule led to five lawsuits, including two by freelance writers (Kaplan’s is among those). All those cases are on hold while the current Trump administration decides whether to withdraw the Biden rule and create a new rule. The administration has said it will not currently enforce the Biden rule.
Although that decision may favor freelancers, Kaplan warned that corporations like to safeguard their labor policies. If they decide that working with independent contractors is too risky, they will make their own decisions about how to handle the situation.
In February, Rep. Kevin Kiley, R-CA, introduced a House bill called the Modern Worker Empowerment Act that would make it easier for independent contractors to continue working independently. For more information on the Modern Worker Empowerment Act, read this ASJA blog post about it from ASJA member and Fight For Freelancers co-founder Kim Kavin.
At the state level, New Jersey’s labor department proposed a new rule in April that threatens independent contractors of all kinds. The proposed rule would be even worse than California’s AB5, according to analyses by multiple labor and employment law firms. In California, freelance writers and numerous other types of independent contractors ultimately gained exemptions from AB5 so they could keep working with their clients. New Jersey’s proposed rule contains no such exemptions.
Kaplan invited ASJA members and other freelancers who live in New Jersey to testify at a hearing about why this would be bad for independent contractors. The meeting will take place June 23 at the New Jersey Division of Taxation in Trenton. Please join the Fight for Freelancers New Jersey page for more information.
Updates on Banned Book Week and First Amendment Week
Judah Freed, an ASJA member and member of the national Banned Books Week Coalition committee, shared updates on upcoming banned books related events and activities. The 2025 Banned Books Week takes place Oct. 5-11. This year’s theme is “Censorship is So 1984. Read for Your Rights.” Find out more on the organization’s website, www.bannedbooksweek.org.
Banned Books Week will include Let Freedom Read Day, on Oct. 11, when the coalition suggests book lovers take at least one action to defend them from censorship and stand up for library staff, educators, writers, publishers, and booksellers.
Freed will attend the American Library Association’s annual convention June 26-30 in Philadelphia to support Banned Book Week activities and promote his own work. For any ASJA members interested in attending, registration is open through the last day of the conference, see details here.
Freed encouraged writers, authors, and anyone who cares about words to volunteer in any capacity in the fight against book bans. Writing legislators, supporting authors online, and running for school boards or library trustee positions are ways to support efforts against book banning.
And, if you’re a writer whose book was banned, “Raise a stink,” Freed said.
ASJA may take part in Free Speech Week, Oct. 20-26. Now in its 20th year, the annual event raises public awareness of the importance of freedom of speech and of a free press in our democracy, and to celebrate that freedom. Stay tuned for an update.
Tami Kamin Meyer is an Ohio attorney, freelance writer, and a previous ASJA marketing chair.