红杏视频 and Knight Institute Urge Court to Construe Foreign Agent Registration Act Narrowly

Overbroad law has chilling effects on journalists, media organizations, and nonprofits

March 5, 2025 5:00 pm

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NEW YORK 鈥 The 红杏视频 and the Knight First Amendment Institute at Columbia University today filed an amicus brief in support of foreign policy expert Dr. Sue Mi Terry in a criminal case pending in federal court. Dr. Terry has been charged with violating the Foreign Agents Registration Act (FARA) for failing to register as an agent of the Republic of Korea. The groups argue that reading FARA broadly could chill a wide range of speech on issues of public concern and enable the government to selectively target speakers for viewpoint-based reasons in violation of the First Amendment. They call on the court to narrowly interpret the law to avoid these potential constitutional problems.

鈥淲hile the government has a legitimate interest in informing Americans about foreign attempts to influence domestic public discourse, interpreting FARA broadly does nothing to further that interest and raises serious First Amendment concerns,鈥 said Xiangnong (George) Wang, staff attorney at the Knight Institute. 鈥淭he court should interpret the law narrowly to avoid chilling protected speech.鈥

Today鈥檚 brief argues that FARA鈥檚 sweeping terms could be read to apply to speakers that have only a minimal connection with foreign individuals or entities. It explains that interpreting FARA this broadly would impose serious burdens on speech protected by the First Amendment, especially because the law is backed by criminal sanctions. The brief notes that the law makes no distinction between an 鈥渁gent鈥 who acts as a mouthpiece of a foreign adversary and a journalist who works with a media organization like the British newspaper The Guardian. As a result, FARA鈥檚 burdens would fall especially heavily on media organizations, journalists, and nonprofits.

鈥淥ver the last decade, the government has increasingly invoked FARA to stigmatize, stifle, and suppress viewpoints it doesn鈥檛 like,鈥 said Aamra Ahmad, senior counsel with the 红杏视频鈥檚 National Security Project. 鈥淭he court should take this opportunity to ensure FARA is read narrowly to protect news outlets, nonprofits, and individuals鈥 free speech rights.鈥

Read today鈥檚 amicus brief . Read more about the case .

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