In formal comments, SEJ stated that the section of NOAA guidance policy requiring advance public affairs approval of media interviews — and minders sitting in on those interviews — thwarts open communication between scientists and reporters, which is "unacceptable in a free society."

Five years after writing about polar bears drowning, apparently from lack of sea ice, a wildlife biologist with the U.S. Bureau of Ocean Energy Management, Regulation and Enforcement was suspended without a reason. Later he was told it was due to charges of "scientific misconduct" from a party or parties not identified.

The draft "Scientific Integrity Policy" marks the first time that the EPA's previously unwritten minders-and-permissions policy for press interviews has been reduced to a publicly disclosed written policy applying to the entire agency. The Society of Environmental Journalists has previously opposed these restrictions and is likely to submit formal comments on this draft policy as well.

Public Employees for Environmental Responsibility petitioned NOAA to reverse its no-advocacy policy, saying it's inconsistent with the agency's official scientific integrity policy and the Obama administration's much-vaunted advocacy of more openness in federal government.

A U.S. District judge heard oral arguments July 8, 2011 on a DHS motion to dismiss the case, brought by the National Press Photographers Association, the American Civil Liberties Union and the National Association of Criminal Defense Lawyers.