FOR IMMEDIATE RELEASE

First Amendment Foundation Statement on United States v. Burke

The First Amendment Foundation – Florida applauds the federal court’s decision in United States v. Burke to dismiss wiretap charges that were never grounded in law. This ruling is a significant victory for free expression and press freedom, and it will help restore confidence that journalists, researchers, and members of the public are not breaking federal law simply by accessing or reviewing streaming information. 

For more than 40 years, our Foundation has defended the principle that government cannot use vague or untested theories to punish lawful newsgathering. The court’s rejection of the government’s approach here affirms that openness and access to information are cornerstones of both the First Amendment and a healthy democracy.

Key takeaways from the ruling:

  • Government overreach rejected. The court found that the government’s wiretap theory was not supported in law, sending a clear message that prosecutors cannot stretch statutes to intimidate or silence those engaged in lawful information gathering.
  • Streaming access is not a crime. The decision reassures journalists, watchdogs, and the public that reviewing streaming content does not violate federal law; a critical point in an era when so much information is shared online.
  • First Amendment values are protected. The dismissal upholds the principle that the press and public must be free to access, analyze, and report on information without fear of baseless criminal prosecution.

The First Amendment Foundation was proud to support Tim Burke in this case because the stakes extended far beyond one journalist. The government’s expansive theory, if accepted, could have chilled investigative reporting and undermined public confidence in the safety of newsgathering itself.

Today’s decision is a victory not only for Tim Burke, but for every citizen who believes in transparency, accountability, and the right to know.

Click here to review the court order.

Bobby Block

Executive Director

First Amendment Foundation – Florida