The Functional Government Initiative (FGI), a government watchdog, has filed a lawsuit against the State Department, seeking critical documents related to its controversial censorship activities. At the heart of the case is the now-disbanded Global Engagement Center (GEC), an agency accused of using taxpayer dollars to suppress free speech and support efforts to blacklist media outlets.
We obtained a copy of the complaint for you here.
FGI’s legal action follows months of non-compliance from the State Department regarding Freedom of Information Act (FOIA) requests that aimed to uncover communications about censorship grants issued during the Biden administration.
Related: The Freedom of Information Act and How To Use It
FGI’s FOIA requests sought records from several State Department divisions, including:
The Bureau of Cyberspace and Digital Policy: The request focused on discussions related to the European Union’s Digital Services Act and communications with the White House. FGI alleges the records would shed light on whether US officials were involved in discussions about EU censorship policies.
The Global Engagement Center: Similar to the first request, this inquiry sought records about the Digital Services Act, involving specific officials and communications with external organizations.
Internal Press Guidance: FGI requested records related to a New York Post article published on September 13, 2024. The article reportedly referenced internal press guidance, and FGI sought to uncover records detailing its preparation, implementation, and related communications involving key officials.
The lawsuit alleges that despite acknowledging receipt of the FOIA requests, the State Department failed to produce any records or claim exemptions. “Defendant has failed to comply with the time limit set forth…” the complaint states, adding that FGI has exhausted all administrative remedies.
The nonprofit argues that the requested documents could provide critical insights into State Department activities, including its approach to EU regulations and responses to media inquiries. “FGI is being irreparably harmed by reason of Defendant’s unlawful withholding of requested records,” the complaint asserts.
The watchdog’s investigation gained traction after The New York Post revealed in September that the State Department had worked to discredit journalists and a congressman who questioned its funding activities.
One instance involved a memo targeting Gabe Kaminsky of the Washington Examiner and Matt Taibbi, known for the “Twitter Files,” for their reporting on GEC’s grants.
The memo also misrepresented comments by Rep. Jim Banks (R-Ind.), falsely attributing them to Russian state media to undermine his credibility.
The GEC has come under fire for pressuring social media platforms to suppress discussions, including legitimate theories about the COVID-19 pandemic’s origins, such as the now-widely accepted lab-leak hypothesis. Kaminsky’s reporting revealed that the GEC allocated $100,000 in grants during 2021 and 2022 to the Global Disinformation Index (GDI), an organization known for blacklisting media outlets deemed high-risk for spreading” disinformation.”
The GDI’s rankings were then shared with advertisers, influencing decisions to defund certain outlets.
Adding to the controversy, GDI received over $750,000 from the National Endowment for Democracy, a US government-funded nonprofit. Critics argue that such funding enabled GDI to penalize outlets with libertarian or conservative editorial views, including The Federalist, The Daily Wire, and more.
A report from the House Judiciary Committee revealed that an advertising cartel controlling 90% of global marketing budgets leveraged GDI’s blacklist to defund these outlets, exacerbating concerns about censorship.
In the complaint, FGI claims the State Department failed to meet its legal obligation to respond within statutory deadlines. “The FOIA is a vital tool for ensuring transparency, accessibility, and accountability in government,” the complaint quotes Attorney General Merrick Garland, highlighting the administration’s hypocrisy when it comes to freedom of information.
