Press Freedom and Civil Liberties

Sens. Ted Budd (R-N.C.) and Jeanne Shaheen (D-N.H.) are introducing the Special Operator Protection Act, a bipartisan bill that would make it a federal crime to publicly share identifying information about U.S. special operations forces and certain supporting personnel, as well as their immediate family members, when done with intent to threaten, intimidate or incite violence. The proposal follows journalist Seth Harp’s posts naming and photographing a man he identified as the Army Delta Force commander in the recent U.S. operation to capture former Venezuelan President Nicolás Maduro, which triggered a House Oversight motion to subpoena him and a Republican referral urging the Justice Department to prosecute. The bill would bar publishing names, photos, home images, contact details and other personal data tied to units like Delta Force or SEAL Team 6, with penalties of fines and up to five years in prison, rising to a potential life sentence if the disclosure leads to death or serious injury. Harp argues he used only material already publicly available and did not share addresses or similar details, calling the commander a legitimate subject of journalistic scrutiny, while sponsors say there is “no compelling reason” for such identities to be made public given foreign‑adversary threats. The measure is likely to ignite a major First Amendment and press‑freedom fight over how far Congress can go in criminalizing publication of non‑classified but sensitive information about U.S. military and intelligence personnel.