Joshua Rosenstein was quoted in a Washington Examiner article about the Justice Department’s move towards forcing Russia-funded news outlets to label themselves as propaganda and publicly disclose their funding and editorial processes. Rosenstein discusses the probability and consequences of these organizations challenging the Justice Department in court.

“Fighting a FARA registration demand is risky and an uphill battle,” Rosenstein said. If the outlet argues it deserves a statutory exemption as a news organization, he said, “the regulations place the burden for proving the exemption squarely on the purported foreign agent.”

Rosenstein doubts a First Amendment challenge would prevail, likening FARA disclosures to campaign donation reporting the courts have upheld. He added that resisting the Justice Department may increase the risk of criminal prosecution for not registering.

 

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