A fierce storm in mid-April damaged a school on a Navy base in Bahrain, forcing it to close. Stars and Stripes reporter Shannon Renfroe wanted to cover the open house on the Navy base intended to update concerned parents on the repairs. But a Public Affairs officer said she couldn’t go without a military escort and by the time one arrived, all the parents had left.

What could have been a relevant story on how families were affected by the school closing ended up with only official comments for deadline. What is frustrating is that the reporter did not actually require an escort. Stripes staff are Department of Defense employees and must go through federal background checks to receive what’s called their Common Access Card — the same card used by the military for unclassified areas.

Access is one of three areas of heightened concern to journalists in proposed rules open for public comment in the Federal Register. The proposed rules govern the independent reporting standard of Stripes journalism to best serve the military community. However, taken together they pose a threat to the independence of Stars and Stripes and hinder the ability of reporters to fulfill their responsibility of gathering the news.

If no action is taken, these rules will become hard and fast regulations. As a veteran journalist tasked with protecting the First Amendment rights of the Stripes news organization, I want to prevent those proposed rules from becoming binding. And I am asking for the help of anyone who believes in an independent and free press.

Did you know that the government blocks Stripes journalists from filing Freedom of Information Act requests? They can file as private citizens but cannot use the resulting information in a Stripes story. How does that help the public?

Did you know that the government prohibits Stripes from republishing classified or controlled unclassified information that has already been published in other media? That means Stripes readers — the military, their families and other government employees and contractors — cannot see information that others in the public can get elsewhere. We are talking about censorship.

Let me explain in more detail about the importance of access, republishing classified or controlled unclassified information and filing FOIAs. Then I’ll describe the action we can take.

First, briefly (because this can quickly get into bureaucratic-speak) — Stripes has been operating under a 1993 regulation that came out before the digital age revolutionized the media landscape. Obviously it required updating and many of the changes in the proposal by the Assistant to the Secretary of Defense for Public Affairs are improvements. The document containing the proposals is published in the Federal Register (Vol. 89, No. 79) and open for public comment until June 24.

I urge First Amendment and Stripes supporters to offer comments and will provide details on how to do so at the end of this column. Comments are crucial for requiring the DOD to rework the language in the three objectionable areas.

Access: As proposed, reporters may ask questions of DOD officials, and may cover events open to those with installation access. My problem is with the word “may.” It denotes permission; it is not absolute. It leaves the interpretation to someone, for example a Public Affairs officer, whether a reporter may — or may not — ask questions or cover an event.

The example of Shannon Renfroe ordered to have an escort for an Open House is hardly earth-shattering. But if this can be required for relatively innocuous events, imagine how open the officials would be to sensitive matters. Stripes journalists have been vetted for security clearance by the federal government. The public benefits by their unfettered access to public events. A better word than “may” is “authorized.”

FOIA: As DOD employees, Stripes journalists adhere to many policies not required of commercial media, such as certain ethics guidelines; that’s fine. But within those policies is the rule that a federal employee cannot file a Freedom of Information Act request of the federal government. This blocks Stripes journalists from using a tool available to others.

Curiously, the statute regarding the FOIA has no mention of barring anyone from filing a request for information. And DOD’s own language is confusing and contradictory.

I propose this wording: “DOD shall not use the U.S. government employee status of Stripes’ reporters to block the release of, or access to, information through the FOIA statute provisions of otherwise releasable FOIA information.”

Republishing classified or controlled unclassified information: The emphasis is on republishing such information, for example, as the Pentagon Papers. Stripes adheres to guidelines that would neither harm national security nor put the lives of U.S. military personnel — its audience — at risk. But the decision whether to republish must reside with Stripes editors, and ultimately the publisher, as called for in the news organization’s independence ordered by Congress. It is absurd to put into policy that Stripes cannot provide information to its readers that is readily available elsewhere. This gets to the heart of credibility. How could the news organization be trusted as a source for all information if the government is telling them they must withhold certain already-published information?

When the rules of federal employment conflict with the First Amendment in the U.S. Constitution, the First Amendment must prevail.

Preferred wording: “Stars and Stripes can republish, in whole or in part, reports already available to or known by the public based on classified or controlled unclassified information.”

I urge you to join me in offering public comments on the Federal Register and to do your part to support Stars and Stripes’ independence. Remember, the deadline is June 24.

There are two ways to submit comments: on the website or via mail.

Website: Go to the Federal Rulemaking Portal: https://www.regulations.gov/document/DOD-2023-OS-0058-0001

Mail: Send your written comments to Department of Defense, Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.

Important! Your submission must include the agency name and docket number: Stars and Stripes Media Organization, [Docket ID: DOD-2023-OS-0058] or the Regulation Identifier Number: RIN 0709-AL63

Email Jacqueline Smith at ombudsman@stripes.com