Freedomedia

April 26th, 2007

Are Bloggers Journalists?

Posted by Josh in Uncategorized

This essay was actually written as a statement to be delivered at a meeting for the University of Arizona chapter of SPJ while I was still in custody; I’ve posted it here without any changes to what I originally wrote. As such, there is a number of temporal references that seem out of place.

The question has no simple answer, just as there is no easy way to respond to being asked, “Are Christians good people?” Most would respond that some are and some are not; certain zealots would proclaim that all Christians are good people by definition, and still others would argue that all people are good despite whatever bad things they may have done. A fourth group would claim that the very idea of “good” and “evil” is an entirely artificial construct and a completely irrelevant measure, and all of these arguments are a valid response to the question that is before us tonight.

The simplest answer is that some bloggers are journalists whereas others are not. After all, few would contend that the 16 year-old who writes about her daily exploits on her Myspace page is a journalist. But what happens when this very same girl manages to break a story on her principal’s scheme to embezzle from the school? Does she then become a journalist? When she returns to writing about the guy in chemistry, is this now journalism? In a recent essay, Bill Moyers cites Tom Rosentiel of the Project for Excellence in Journalism who points out that “the proper question is not whether you call yourself a journalist but whether your work itself constitutes journalism.” Given the paradoxes inherent in tonight’s question, I’m inclined to think that Moyer and Rosentiel are onto something.

Can bloggers be journalists? Absolutely. A blog is nothing more than a medium. Sure, the cost of entry is cheaper than launching your own daily newspaper and the rules of engagement aren’t nearly as formalized, but when you think about it, how different is this than the development of any new medium? I imagine that when radio was invented there were plenty of newspapermen and a few newspaperwomen who were clamoring that radio-news was not real journalism. This same scenario likely played out again with the advent of television. Today it’s the internet, and like the journalists of yester-year many are quick to discount blogs as a viable medium for transmitting news and some probably feel threatened by the development as well.

In many ways the very first blogger was I.F.Stone. Of course his Weekly came and went long before the blog was invented but his approach is very similar to that of many bloggers. Each week he’d publish a paper that contained a combination of stories from other publications, his reflections, and original reportage. If you look at many blogs you’ll see the very same formula. Just as I.F. Stone’s Weekly is considered journalism, so should this approach to news-gathering when applied to a blog.

If we can establish that it is not the form but the function that defines journalism then we must determine what criterion are necessary to establish something as such. Once again, Moyers and Rosentiel come through with a description that I find hard to argue against: “A journalist tries to get the facts right,’ tries to get as close as possible to the verifiable truth–not to help one side win or lose but to ‘inspire public discussion.’ Neutrality … is not a core principle of journalism, ‘but the commitment to facts, to public consideration, and to independence from faction, is.’”

If a work falls within this general rubric than it seems safe to qualify it as journalism; it shouldn’t matter whether it happens to be the work of a newspaper reporter, a television personality, or a blogger sitting in her bedroom fueled by nothing more than a fresh cup of coffee and an undying zest to uncover the truth and share her findings with the world. As I see it, that blogger whose sole motivation is the pursuit of truth and who cannot expect a pay-check from her pursuits is a true journalist and her contribution may likely prove as valuable as those of her professional colleagues.

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April 22nd, 2007

Developing Calender of What I’ll Be Up to.

Posted by Josh in Uncategorized

It’s been crazy these past few weeks; to go from no incoming stimuli to a steady stream of contact has been quite a bit overwhelming. I’ve been pretty busy with media stuff and will be speaking at a few bay area events in the next few days. If you’re interested in engaging in a dialogue about the issues that my case has raised then I encourage you to come on out.

Tomorrow, Monday, I will be speaking at USF at 4:00. David Silver has all the details on his blog. Check it out on upcoming.

justice and journalism: josh wolf on information, independence and control
monday, april 23, 4-6 pm
university of san francisco, mclaren 252

On Wednesday I will be speaking at San Francisco State University; the college I graduated from shortly before heading to FDC Dublin

Students Against War at San Francisco State University Presents:
A Panel Discussion on the local costs of the US’ “War on Terror”.

Wed, April 25th
6:30pm
HSS 130

Speakers Include:

Josh Wolf -
Anatole Anton -
Mohammad Hanif -
Assela Donovan-Blood -

I’ll be heading to the East Coast on May 2nd and will be in DC from the 3rd through the 8th and in New York City until the 11th of May. If you’re interested in meeting with me or having me speak in either locale, please e-mail me: mail(at)joshwolf.net. I’m looking forward to getting back into the swing of things and continuing my work in illuminating injustice in order to catalyze change. Thank you for joining me.

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April 22nd, 2007

Today in Secondlife

Posted by Josh in Uncategorized

Josh Wolf Secondlife Trial (4 of 5)

The trial on Secondlife today was very interesting. Unlike my own legal battle, there was a jury in the Secondlife case and the Federal government was found to have overstepped its bounds. I’ll be posting a transcript soon, and the folks at the Berkman Institute at Harvard law school plan to create some sort of Machina film of the mock trial.

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April 19th, 2007

I’m on trial in Second Life…

Posted by Josh in Uncategorized

After going through the reality of this ordeal this past year; I will be on trial again in a virtual world: Second Life. From Duranske

Harvard Law Professor Charles Nesson and HLS Graduate/Computer Science Ph.D. Candidate Rebecca Nesson are preparing to run a moot court trial of the Josh Wolf case on Berkman Island in Second Life this weekend. The lawyers in this trial will be HLS students, and Professor Nesson will be the judge. Second Life citizens will act as mock jurors. The trial will be held Sunday, April 22nd from 1:00-3:00 pm SLT (Pacific) on Harvard’s Berkman Island in Second Life (here’s a SURL ), and the event is open to the public.

This should be interesting to witness, if not a bit traumatic…

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April 11th, 2007

A Celebration of Freedom

Posted by mail in Uncategorized

Hey everyone in the bay area! We’ll be having a concert and celebration of my release this Monday at the Brava theatre at 24th and York St, In the city of San Francisco. After the show, we’ll be having an afterparty somewhere in the Mission. Stay tuned to this page for details about the afterparty. Hope to see all of you who have been there to support me at the show and party!

celebration of freedom ver2

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April 9th, 2007

On a Journalist’s duty to the public

Posted by mail in Uncategorized

From SFGate:

PRO: Federal shield law is needed to extend journalist protections

It feels as if I’ve barely had a chance to blink since walking out the front gate of the Federal Detention Center in Dublin on April 3, but the debates on what we should take away from my experience have already escalated into a full-on storm of differing voices. Much of the debate has focused on whether or not I am a journalist; this question is nothing more than a distraction and a red herring over the very real issues exposed by the marathon saga that only concluded when I was released from custody.

[Podcast: What's next for Josh Wolf .]
For the purposes of this argument, let’s assume that I am a journalist. What does this story mean for the role of media in our society?
In February 2006, I was subpoenaed by the FBI Joint Terrorism Task Force to appear before a federal grand jury with my source materials and submit to secret examination, a demand that would be unenforceable in a state court under the California shield law’s protection for journalists. The federal government claimed jurisdiction because it was investigating the alleged attempted arson of a San Francisco Police Department vehicle. The federal officials rationalized this claim with a tenuous connection, that is, that federal money was provided to the SFPD.As would any journalist when his legal rights are circumvented, I decided to fight the subpoena and eventually found myself in federal prison on Aug. 1. During the course of our legal battle, my lawyers and I offered to screen the footage for U.S. District Judge William Alsup in order to show there was nothing of evidentiary value in the unpublished video, but he repeatedly refused to judge the merits of the tape. Though there was nothing of a sensitive nature on my unpublished tape, I continued to fight for the rights I feel were robbed from everyone through my available appeals.The appeals proved unsuccessful and it was at this time that we decided to put forward the very same resolution we agreed upon last week: I would provide the tape for all to see in exchange for being excused from testifying before the grand jury. We were rejected.After the judge ordered both parties into a mediation hearing with U.S. Magistrate Joseph Spero, we were eventually able to agree on the original November proposal. On April 3, my video was posted on the Internet, and then provided to the U.S. attorney, along with a declaration stating “no” to two questions:

– Could I identify the person Officer Peter Shields was chasing?

– Did I witness the incident of the alleged attempted arson?

Many have suggested I am not a journalist because I have personal views about my subject matter; others have argued that I don’t qualify for journalistic protections because I am not employed as a journalist by a corporation. How would a “journalist with a press pass” have responded to such a demand by the federal government?

While I was fighting my legal battle, two reporters for The Chronicle were in a similar situation. The circumstances may have been different, but I think the principle was the same. Thankfully, Chronicle staff writers Mark Fainaru-Wadu and Lance Williams were able to escape doing jail time, but in both cases, we resisted government demands that go against California law and a journalist’s ethics.

The question that needs to be asked is not “Is Josh Wolf a journalist?” but should journalists deserve the same protections in federal court as those afforded them in state courts.

The answer is yes and the means to do it is for Congress to pass a federal shield law equivalent to California’s law. Fainaru-Wadu and Williams could have just as easily been in my place at FDC Dublin. There are no protections afforded to journalists in the context of a federal grand jury. The debate over who qualifies as a journalist can wait, but we need a federal shield law now.

Josh Wolf is a San Francisco journalist and video blogger who spent a record 7 1/2 months in federal prison for withholding information. His video blog can be found at www.joshwolf.net

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April 6th, 2007

US v Wolf, A video by Kevin Epps and Njeri Sims (February, 2007)

Posted by Josh in Uncategorized

US v. Wolf


click here to download

Hey everyone, First off, a big thanks to everyone who’s helped with all the support over the past 8 months or so! A huge thanks are due to my entire legal team: David Greene, Jim Wheaton, and Pondra Perkins at the First Amendment Project, Martin Garbus and Jose Luis Fuentes and Dan Siegal at Siegal and Yee; I couldn’t have navigated this legal quagmire without your insights and valuable legal work. Thanks to Julian Davis, and the Free Josh Wolf Coalition. And yet another thanks to you who helped my blog continue in my absence. We did it!

I’ve been really busy doing media interviews and what not and haven’t had any real time to do much beyond that. I hope to get back into the swing of things sometime next week. Until then, check out this video that Kevin Epps and Njeri Sims put together about my case. I think it fills in some of the gaps that haven’t really been covered much in a lot of the reports about my release.

Oh yeah, and a big thanks out to everyone who was involved in making this film; I really appreciate the energy put into getting word of this injustice out to the world. Thank you all.

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April 3rd, 2007

My First Public Statement as a Free Wolf (Delivered at 5:00PM in front of SF City Hall)

Posted by Insurgent in Uncategorized

In his dissenting opinion in the case of US v Coldwell (1972), Justice William O. Douglas wrote these prescient words which are not only significant to my case, but also reflect the greater state of affairs in the United States today: “As the years pass, the power of government becomes more and more pervasive. It is a power to suffocate both people and causes. Those in power, whatever their politics, want only to perpetuate it. Now that the fences of the law and the tradition that protected the press are broken down, the people are the victims. The First Amendment, as I read it, was designed precisely to prevent that tragedy.”

Contrary to popular opinion, this legal entanglement which has held me in Federal Prision for the past eight months, has never been about a videotape nor is the investigation about the alleged attempted arson of a San Francisco police vehicle as the government claims. While it is true that I was held in custody for refusing to surrender the tape and that the justification for making a federal case out of this was the police car, things are not always as they appear. The reality is that this investigation is far more pervasive and perverse than a superficial examination will reveal.

When I was subpoenaed in February of last year, I was not only ordered to provide my unedited footage, but to also submit to testimony and examination before the secretive grand jury. Although I feel that my unpublished material should be shielded from government demands, it was the testimony which I found to be the more egregious assault on my right and ethics as both a journalist and a citizen.

As there was nothing of a sensitive or confidential nature on my video outtakes, I had no reason to withhold their publication once I had exhausted all my legal appeals. When that point arrived I had already spent three months behind bars. I was advised by my legal team that publishing the video would not lead to my release; instead it would indicate to the court that my imprisonment was having a coercive effect even though it was not.

This hypothesis was verified when one of my attorney’s inquired whether the Assistant US Attorney would accept the footage in lieu of my testimony, he was told that the video alone would not suffice and that the US Attorney would accept nothing less than my full compliance with the demands of the subpoena. Things change.

When the judge came to realize the support for my cause was growing and that I was unlikely to waver anytime soon, he ordered both parties to meet with a magistrate judge in the hopes we could reach a solution amenable to everyone. After two rather strenuous sessions of mediation, we at last came to an agreement that not only leaves my ethics intact but actively serves the role of a free press in our so-called free socieity.

In the words of Justice Douglas, “The press has a preferred position in our constitutional scheme, not to enable it to make money, not to set newsmen apart as a favored class, but to bring fulfillment to the public’s right to know”.

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April 3rd, 2007

Watch the Unedited Video

Posted by Insurgent in My Videos

Before you watch the complete footage: Check out the


The Published Video.

During the course of this saga I have repeatedly offered to allow a judge to be the arbiter over whether or not my video material has any evidentiary value. Today, you the public have the opportunity to be the judge and I am confident you will see, as I do, that there is nothing of value in this unpublished footage.


Click To Play

I had wanted to reveal to you, the public, how ridiculous and without merit this matter is, but could not publish this tape until I had received assurances from the US Attorney that it would not be considered partial compliance and strengthen their claims that I might eventually be coerced.

Note: Video will take some time to load.

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