Feed9th Circuit Panel Rules in my case
From the Huffington Post:
In an unpublished ruling issued Thursday, a panel of the Ninth Circuit Court of Appeal ruled against freelance video journalist Josh Wolf and stated that he must comply with a grand jury subpoena for his unpublished footage. Previous coverage here.Winning in the Ninth Circuit is very much the luck of the draw these days. Although Wolf drew a favorable three judge panel for his bail motion, that was the August motions panel. This merits ruling was made by the September motions panel which features three much more conservative judges. They deemed the case so easy that no oral argument was necessary. They also determined not to publish their opinion, which generally means that they do not deem it to be significant enough to disseminate outside the parties to the case.
So our next step in the appeal process will be to appeal to the 9th circuit en banc which means that we would petition for the larger group of 9th circuit judges to hear the case. Hopefully the larger court will hear our case and rule in my favor. Our next appeal beyond that would be the Supreme Court.
At this point in time, I am still out on bail.
Stay tuned for more updates…
Dear Josh:
I am truly sorry to hear that you did not prevail in the ninth circuit, but why am I not surprised? That is the most liberal of all the courts, but the one that is likewise most overturned. When will the people begin to realize that we no longer can go to our courts for fairness and justice? You however will remain in both or prayers and thoughts. We are at the ready if there is a way we can be useful or helpful
Best and kindest regards,
Dr. H. Fred Johnson
Vene, Vede, Vece:
You’re in my thoughts, too, Josh. As long as journalists stand up for their beliefs, the federal government will be on the losing end of this bitter war.
Stay strong, man.
[...] Click here to view Mr. Wolf’s reply brief as submitted to the court on 21 August 2006 and here to view his blog. This case, In re grand jury subpoena of Joshua Wolf v. United States (06-16403) is particularly important due to First Amendment implications, namely whether a reporter, journalist, blogger or other individual operating in a similar capacity is required to disclose unpublished material in the course of a grand jury investigation or criminal trial. The government contends that this is par for the course (as did the judge who ruled against Mr. Wolf in the first place), citing the 1972 Supreme Court precedent Branzburg v. Hayes, 408 U.S. 665, as the basis for its argument. [...]
As far as I understand this case Josh was filming an incident in which a man suffered a fractured skull and someone tried to set a car on fire. This is being investigated, and evidence gathered. He has been requested to hand over the footage of the incident, and a court has ruled that he must hand over this footage. Josh is refusing, so is in contempt of court, for which he is or will be punished, as is normal.
But somehow Josh is the victim? Please explain.
Rob, first of all, there is no evidence in Josh’s film or even in the police report by the SFPd that anyone tried to set a car on fire, which is supposedly why this is under federal jurisdiction and supposedly what they are investigating. Josh was filming the partner of the policeman who was injured and has no footage of the injury to the policeman and the SFPD is investigating that. Unfortunately, although we think we have “freedom of the press”, we don’t really seem to have it at the national level although the California Appeals Court has ruled that bloggers are press and have the shield law to protect both sources and unpublished material.
Bloggers Beware…
We’re riding a new frontier here on blogger terrain. I wrote about what it…
The Feds are not investigating the cop who got hit in the head. The crime they are investigating is Title 18 USC sect. 844 ( http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=844 )
Thats arson.
The ABC 7 news report proves that no such arson ever occured here is a link to the transcript and video (http://abclocal.go.com/kgo/story?section=i_team&id=4517281)
a quote : But there were no flames — no remnants of a Molotov cocktail — just fireworks. Wolf’s video shows one in the street, and officers wrote in their reports that a protestor tried to shoot a bottle rocket at them.
The damage report on the squad car in question — number 1139 — mentions no burn damage, only a broken tail light.
for an deeper explaination visit http://www.codymolica.powersandmorrison.com
If there is no arson there is no crime and without a crime you cant have an investigation.
Its that simple.
no crime
no questions
no investigation
let Josh go.
Man I hate mainstream media this is just such a simple case and with all there degrees they still cant get it right.
long live Citizens Media!
Everyone who cares needs to contact Air America Radio and spead the word that this unconscionable event has occured or soon we will have no media left! 1 866 303 2270 http://www.airamerica.com
Turn the tape over dipshit. Maybe you’d like china better where’d theyd just chop your lame ass head off and take the tape.
I’m really sorry to hear about this too but at the same time I’m glad that there are people (such as Josh) willing to make such a big sacrifice of time, money, energy and over all life to stay true to ones word, to do a job honestly and correctly.
While I can’t speak for every one, I highly doubt any of his supporters (or Josh) see him as a “victim” as Rob commented earlier, but as some one who was put in a difficult postion and happened to have the strength to not just let the government walk all over his rights and ours.
As for m’s comment, while I don’t have the time or energy to reply to this comment with the same eloquent use of words, I will say this; We happen to live in a place where we are supposed to have certin rights, (you may not have noticed or learned) one of these rights include freedom of the press. So unless you have a real argument you can blow it out your ass.
After looking at both sides of the case, I believe that Josh should not stray from his principles. This is how I see it:
Josh is being punished as he is not complying with the Grand Jury, and more importantly, because he is somewhat aligned with the so-called anarchist, politically.
While the activities in question did occur in public, they are not on the tape because the laws of physics (or some universal force) say that you can’t be in two places at one time.
Then, I checked the report and apparently no car was set on fire.
This comes down to state vs. federal rights and how the emerging “new media” can be extinguished by big brother.
Most people would’ve turned snitch in the jailhouse but Josh didn’t. Plus, its hard to provide evidence you don’t have. The problems are that there is no “national shield law”, hell, we gonna need an International with this globalism, which is what they were protesting. Also, they are saying that bloggers don’t have the same rights as journalists reporting from a specified media.
This was just another attempt by the government to silence the voice of the governed. Damn republic and that which it stands for
[...] The message on this wall was painted by a group of 5th graders eager to leave their elementary school with a splash of color and an inspiring message. I had hoped to simply pass it along here on the blog, but the message seemed all the more fitting when I read that Joshua Wolf has lost his initial appeal and that the US Attorney’s office has filed a motion to have him put back in jail. [...]
Rob sees things too black and white if he wont doesn t want to realise s.th. fairly obvious there are two riciples here “contempt of court2 and the ( democratically necesary ) freedom of voicing your opinion
_ as evidenced by him filming on his volition.
And he didn t do it for money but for that very principle.
Whereas mainstream does it for the dollars.
As for the other joker ..”(go to China” …) well if you wanna be irrational…say Go teleport your self back to the middle ages. While we re at it…go into the stone age and hang with the Neanderthals. jeez! Ok more politely expressed :Is there a hierarchy of suffering? Or is suffering just suffering , fullstop !
By the way…sorry for the orthographical mistakes…( See…I can spell orthography !)
[...] A video blogger in California lost his appeal over contempt charges after he refused to turn over video he shot at a demonstration. Joshua Wolf, 24, had filmed a G8 demonstration in San Francisco which turned violent. Wolf is currently free on bail, but federal prosecutors have filed a motion to have him jailed while the appeals process continues. [...]
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