By constitutional design, the press is antagonistic to the government. As the late U.S. Supreme Court Justice Hugo Black wrote in his opinion defending the publication of the Pentagon Papers more than 50 years ago, “Only a free and unrestrained press can effectively expose deception in government.”
Such a free and unrestrained press requires a cohort of committed legal advocates. That’s why President Donald Trump’s unconstitutional executive order aiming to punish preeminent United States law firms over their pro bono clients represents an unacceptable attack on the legal profession and poses a threat to an independent press.
That is also why the New England First Amendment Coalition and 41 fellow press freedom advocates, led by The Intercept’s Press Freedom Defense Fund, filed an amicus brief today urging the U.S. Court of Appeals for the District of Columbia to affirm four District Court decisions. All four lower courts found the Trump Administration’s executive order that imposed sanctions on law firms for representing the president’s political opponents unconstitutional. NEFAC and its partners filed a similar brief in April 2025.
This most recent amicus brief, authored by Andrew Sellars and Kendra Albert of Albert Sellars LLP, argues that the press plays an essential role as both a proxy for the public and a check on government power. This role requires an oppositional relationship with government interests. The president’s executive orders targeting lawyers with clients opposed to his agenda severely restricts press organizations’ access to legal counsel, particularly for outlets relying on pro bono or reduced-fee representation.
“If the Executive Order stands, many lawyers will be chilled from taking on work so directly in conflict with the President, out of fear for the harm it would cause to their greater practice,” according to the brief. “Lawyers who are not chilled will face the constant threat that a similar executive order aimed at them would throw their work into disarray and deny them access to the people and places necessary to advocate for their clients.”
Quoting the court in New York Times v. United States, the famous Pentagon Papers case, amici explained that a president cannot be allowed to selectively punish law firms for representing clients who anger him — which would almost certainly include the news media. Doing so would “wipe out the First Amendment and destroy the fundamental liberty and security of the very people the Government hopes to make ‘secure.’”
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. You can learn more about our advocacy here and explore all our legal briefing and policy letters here.
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began in 2006 to advance and protect the five freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.