Through its attorneys, BreakThrough News issued its official response to the House Ways and Means Committee today, detailing how the Committee’s own statements reveal the illegitimate and unconstitutional nature of their witch-hunt.
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The response explains: “The Subpoena falls short of the requirements that govern congressional investigations. The objections fall into four parts. First, the Subpoena exceeds the bounds of legislative inquiry by seeking to adjudicate and to expose rather than to inform legislation; the Committee’s own public description of its object confirms as much. Second, the Subpoena burdens rights of speech, press, and association that the First Amendment protects against precisely this kind of compelled disclosure. Third, the Subpoena reaches subjects beyond the jurisdiction the House has delegated to this Committee. Fourth, the Subpoena fails the requirements of pertinency and specificity that due process requires.”
It continues: “BreakThrough News cannot be required to respond to process that, as presently framed and as publicly described, seeks to punish, silence, expose, and condemn protected expression, including disfavored reporting, and it will not yield its First Amendment rights and privileges.”
PCJF Executive Director Mara Verheyden-Hilliard, constitutional rights attorney and counsel to BreakThrough News, stated in a press release that the Committee “seeks to smear and silence those fighting for change, and to shut down media that tells the truth to the American people about the actions of their government. This is an abuse of authority and a direct assault on democratic rights. We are defending our clients’ First Amendment rights – constitutional rights that cannot be compromised – before this modern day HUAC.”
From the beginning, BreakThrough declared that we would not be surrendering our First Amendment rights, and we will continue to do so. We would like to express our gratitude for the hard work of our legal counsel — the Law Office of Andrew D. Herman and Mara Verheyden-Hilliard of the Partnership for Civil Justice Fund — in responding to this outrageous attack.
Read the full 17-page response below:
Lttr. and Encl. to J. Smith regarding BreakThrough News Letter and Subpoena (8.7.26)Download
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