FeedOn a Journalist’s duty to the public
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.
– 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
Very well put – you got the issues just right.
And we are all in your debt for the sacrifice you made for the public good.
Very rarely am I in agreement with what my government does but this time I am. When you witness a crime in this country you are bound by law to give testimony. It’s not up to you to decide if what you saw is relevant, it’s up to the judge. The judge had every reason to doubt your word because you are a self proclaimed anarchist and, at this point, didn’t claim to be a journalist. The judge looked at the rest of the group you admittedly belonged to and because of the damage they (and perhaps, in his eyes, you) had caused thought it necessary to ask questions. Nothing wrong with this, and I should add, nothing wrong with being an anarchist unless you destroy other peoples property. Given the facts was it an unreasonable request, given that you came across as an untrustworthy witness?
When your lawyers realized they couldn’t get you out of this, and you realizing you needed something significant to justify your actions decided to play the journalist card. The government didn’t recognize the shield law because they didn’t recognize you as a journalist, I am sure they thought, as many people have, that you were using it dishonestly. So really the case is about whether or not you are a journalist, because in saying you are something you are not calls into question your integrity and hence reliability as a witness. I also notice you have been evasive about this in interviews, which has only hurt your case and made you look even more dishonest.
There really is no significant story here or any crusade for lost rights, but I give you credit for the publicity you have garnered for yourself. Only time will tell what kind of role you will play in the media but given the comments on this blog, and others, you are not seen as favorably as you see yourself. That’s the problem with blogs you see, the authors are not held responsible for their words and no-one bothers to check facts, but that’s another story.
I hope I live to see a “journalist” beated to death.
I’ll just say I’m an anarchist and refuse to help bring the perps to justice.
Sorry, I don’t buy your arguments.
You’re not a journalist. You don’t even pretend to be impartial.
No, journalists shouldn’t have the same protections in federal courts that they have in state courts. That’s part of why they are different court systems! Ever hear of states’ rights?
And your implied position that journalists don’t have rights and protections in federal courts is either a misrepresentation of your knowledge or a reflection of your ignorance.
Oh, and answering those two little questions in your declaration is a rather significant difference between your final agreement and what you proposed in November.
Sorry you had to spend any time incarcerated, and sorry that it was so long, but you held the key to that cell all along, and could have used it at will.
I hope you learned your leason! Break the law… You don’t pass go… You don’t collect $200.
Josh, weren’t you trying to sell this story in 2005? I guess a little publicity won’t hurt. hope it was worth it for the loss of credibility.
[...] Josh Wolf was released from prison in Dublin, California earlier this month to the tune of a tidal-wave of media attention. His blog entry from April 9th tells a bit about his first few days as a free man. [...]
jt wrote: “When you witness a crime in this country you are bound by law to give testimony. It’s not up to you to decide if what you saw is relevant, it’s up to the judge.”
–Unless you work for the reigning administration and then you can avoid being subpoenaed altogether. Or you can just fire the judge (if they are investigating your buddies for corruption).
If you want an interesting definition of journalist, look it up on wikipedia. If Matt Drudge is a journalist then Josh certainly is.
In Russia they simply murder nosey journalists, some of them were Americans
Most people, including Josh, have political bias about certain events. Josh often makes the point that by admitting the bias up front, you are more honest than those who pretend to be “fair and balanced”, ie. witness Fox News. I remember a long time ago, people would take two papers, usually a morning and evening paper and often they would have different bias. It was interesting to read the same events knowing they were reported with a different slant because of the bias of the paper. I don’t remember anyone being upset about that. The idea was to read and think about the information and form your own judgements.
good point joe, I don’t consider a drudge a journalist either, but I don’t think we should hold this wolf guy up as some kind of saviour just because he is from the other side of the political spectrum. both sides need to do better and wolf needs to get his story straight as he is not exactly looking good in the media right now. peace.
In this day and age the authorities need to recognize that what with blogs and the internet and all that most anyone can be a journalist. I embarrassed our local police chief (acting) some years ago when I couldn’t get information about a bridge accident because I didn’t have a press pass. I published this reason, naming him as the person who would not release the information. He was upset, but he had it coming. He gave me a dirty look at a city meeting but he didn’t dare complain. I publish under a pen name (as posted) so he had no clue until the story came out. Served him right! I said I was a journalist and I proved it in print. I consider Josh Wolf a national hero, a true patriot and a great AMERICAN!
Well done!
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