Thanks to so many of you, the ability of Stars and Stripes journalists to report the news independently and thoroughly has been on a path of gaining strength. Mostly.

You might recall that in June I put out the call through this column asking you to speak up and support journalists’ rights that were in danger in three ways.

First the why, then the how.

The federal regulations that govern how Stripes operates were extremely outdated — they go back to 1993 before the digital age transformed the news industry. The proposed updates were several years in the making by the policy staff in the Assistant to the Secretary of Defense for Public Affairs’ office and involved many departments weighing in with their perspectives on various areas, such as national security.

The proposed rulemaking updating the authorities and responsibilities of Stripes was published in the Code of Federal Regulations last spring with a 60-day window for comments. Most of the revised language was positive in reinforcing the media organization’s First Amendment editorial independence. But three areas raised my concern as ombudsman and that’s where I asked for the support of the non-Defense Department public.

And the response was terrific! Ninety-one people submitted comments about at least one of the concerns — many supported all three — which triggered a DOD review for merit and consideration. Thank you.

That review process will entail several more months, but the draft of revisions is encouraging in two of the concerns. Keep reading, however, for another “but …”

Now, I’ll detail those concerns — the “how” — how Stripes journalists’ and the news organization’s rights were endangered in the proposed update last spring and what is being done about them.

The three concerns involved access, the ability to file federal Freedom of Information Act requests, and the right to publish classified information that already had been published in mainstream media.

Access: The proposed rule was that Stripes journalists “may” cover events or activities on DOD installations without needing an escort as required for mainstream media. The difference is that Stripes journalists, as DOD employees, have successfully passed federal background checks — a condition of their employment. “May” connotes permission. Words matter. In the revision — based on comments submitted by so many of you — the wording is changed to “is authorized.” That is clear and direct.

Filing FOIAs: Many journalists I’ve spoken with are surprised to hear that Stripes reporters are prohibited from filing a FOIA request of a federal agency. Most states have Freedom of Information laws to uphold government transparency. But on the federal level, one agency cannot file such a request with another agency. Because Stars and Stripes is part of the Defense Department — though editorially independent — it came under that prohibition. Many of you argued that Stripes journalists should be able to use the same information-gathering tools as commercial media. The resulting compromise is that Stripes journalists can file FOIA requests as private citizens, not on their work time or equipment, and the resulting information can be used in a published news story.

Republishing classified information: Stripes would not be the first to release classified information, nor would it put the U.S. troops — its very readers! — in harm’s way. But can you imagine the credibility of Stripes if it didn’t let readers know about the Pentagon Papers — even decades after they were in the public sphere. At this point, however, there’s no budging because the regulation is from outside the Defense Department. What Stripes’ editors do to inform readers is report on reactions, without restating classified information. And that will have to suffice, unless Congress steps in.

As ombudsman, one of my duties is to monitor Stripes’ news coverage to make sure it is balanced, fair and thorough. Recently Ad Fontes Media issued its latest quarterly media-bias chart and it shows Stripes’ coverage is perfectly balanced, in the middle between far right and far left. It is an independent news organization that can be trusted to be unbiased. That is fundamental.

The new draft of the federal regulations takes many months to go through eight required steps and approval by several departments within DOD before reaching publication again in the Code of Federal Regulations.

Now here’s the “but …” As of noon on Jan. 20, all new federal regulations were put on hold until reviewed by “a department or agency head appointed or designated by the President,” the executive order states. (https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/)

My hope is that the review will happen as soon as possible and the in-depth approval process can resume, leading to Stripes journalists having clearly articulated rights to gather and publish the news for the U.S. military community around the world.

Jacqueline Smith is the ombudsman for Stars and Stripes. Email her at smith.jacqueline@stripes.com