Take Josh Wolf's name off this image and replace it with yours

Professor Kim has a fantastic piece on BlogHer.org today: "Bloggers, journalists demand freedom for jailed vlogger". If you blog or you write anything -- and I do mean grocery lists on post-it notes, depending on what you're buying -- you should read it.

According to Reporters Without Borders, right now 130 journalists and 57 "cyber-dissidents" are imprisoned. It's frankly amazing that Josh Wolf is one of them. So amazing, in fact, that traditional journalism associations have put the (tired) question, "are bloggers journalists?" behind them and begun work to defend Wolf's rights as an independent journalist. The AP's Juliana Barbassa reported yesterday:

"The news media becomes an information-gathering arm of law enforcement when journalists are ordered to give up confidential sources or unpublished material, said Tony Overman, president of the National Press Photographers Association. "When news sources believe that statements or actions observed or reported by journalists find their way into the hands of police or prosecutors, those sources will be less willing _ or flat-out afraid _ to cooperate with the media," Overman said at a news conference. The photographers association and the Society of Professional Journalists announced they would help pay for the legal defense of freelance video journalist Joshua Wolf.

" Let's hope organizations with deep pockets and important connections, such as The New York Times and Journalism.org, where I found this story, are next in line to support Mr. Wolf and, de facto, all of us. (Although he's not on RSF's list yet, they've issued this statement demanding his release). To take effective action, it appears we have at least three steps to consider: 1. Equip anyone who wants to report news (on a blog, in a paper, whatever) with a strong defense. In our current legal system, that first line of defense is a federal shield law, as I have posted before. California has one but it isn't protecting Wolf in this case and federal agents are able to do an end-run around it in this case, as Reporters Without Borders reports:

Wolf’s lawyer, Jose Luis Fuentes, told Reporters Without Borders that the judge refused to look at the video footage in question during yesterday’s hearing, saying this was the grand jury’s job. The also judge said there was no federal shield law that exempted journalists from participating in a grand jury investigation.

2. Evangelize the First Amendment and its value across American society -- especially since many Americans publish blogs for people living abroad in countries such as China and Egypt, who cannot safely do so. We could all use a shield law -- not just working journalists. The risk of stopping with shield laws is that they create a sense of a special class of citizen -- a club of people who are trained to and encouraged to use all their First Amendment rights, while writing, observing and thinking by the rest of us can feel (or worse ACT) sidelined. Chris Boese puts it beautifully:

Instead, what we may be trying to say is that the right to BEAR WITNESS and REPORT are as much a part of the basic Bill of Rights of every person as are the rights to expression, assembly, and religious belief. Subject, of course, to the same libel laws and standards of truth (the primary defense against libel) as "professional" journalists. Maybe the bigger questions should dwell on defining what are the most appropriate uses of subpoenas in a free society.

3. Learn what your legal rights are as bloggers right now. Here's a starter list of links: Check out Legal tips for bloggers: Audio advice from experts.

Now...I'm off to the wiki Kim linked to help Josh Wolf and his family. Hope to see you there...

Comments

[Judgemental Joe]

Call me crazy, and I do have a tendency towards paranoia, but he could have staged it to advance his profile and career.

What is the public service of filming the vandalism of a police car, then protecting the people who did it? Doesn't sound like whistle-blower protection to me.

I suppose I should read the piece before I judge him to death. But there are many legitimate cases of journalists who shouldn't have to reveal their sources, I don't think this is one such case, and I think it taints the whole group. (Off to read the piece now. Thanks for listening.)

[Judgemental Joe backs down]

"Tony Overman, president of the National Press Photographers Association. 'When news sources believe that statements or actions observed or reported by journalists find their way into the hands of police or prosecutors, those sources will be less willing _ or flat-out afraid _ to cooperate with the media,'..."

Ok I suppose that makes sense.

[Judgemental Joe backs down]

But really, what if the video was of an assassination? Where do we draw the line?

Throw me a clue, I really want to know what I'm missing here.

[Christopher King]

Well the answer is.... we need not cross that bridge yet because there has been no assissination.... which might implicate issues of concern of national security, and that would be addressed in part using the doctrines of clear and present danger from Schenck v. United States, 249 U.S. 47 (1919) and Ellsberg/Pentagon Papers -- click on the Daniel Schorr/Christian Science Monitor link here:

http://christopher-king.blogspot.com/2005/07/criminalizing-civil-conduct-in-live.html

Anyway, my discussion with Mr. Wolf's attorney yesterday was interesting as we discussed the bogus attempt of the feds to invoke jurisdiction using a federal Arson Statute:

http://christopher-king.blogspot.com/2006/08/kingcast-and-jailed-video-blogger-josh.html

My take on the situation is as follows as noted in my post:

"I must be a Revolutionary because they've tried to shut me down seven (7) times!

Similarly, if Mr. Wolf is compelled to give up that video it will be the key that unlocks the door to dungeons and torture rooms chock full of government doms. They want to shut him down just as much as they want to shut me down, and that much is patently obvious."

Peace.

[Roxanne]

Hmmmm. I know a few people to send this to.