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August 2, 2006
Video Blogger Jailed for Contempt
Yesterday, video blogger Josh Wolf was jailed by a federal court for refusing to turn over video tapes he shot last summer during a San Francisco anarchist protest.
In July 2005, Wolf shot footage of the protest, which resulted in a police car being burned. Federal prosecutors convened a grand jury to see if arson charges were warranted, and issued a subpoena to Wolf this February to turn over all footage he shot during the incident. Wolf refused, arguing that turning over the footage would make it less likely for sources to cooperate with journalists. According to the San Francisco Chronicle, the judge didn't buy that argument:
The case is "a slam dunk for the government,'' the judge said at the end of a 2 1/2 - hour hearing. Noting that the events Wolf photographed took place in public and involved no confidential sources, Alsup said there was a "legitimate need for law enforcement to have direct images of who was doing what to that police car.''"Every person, from the president of the United States down to you and me, has to give information to the grand jury if the grand jury wants it,'' Alsup said.
Assistant U.S. Attorney Jeffrey Finigan told the judge that Wolf was "placing himself above every other citizen in our society'' by defying the grand jury. Finigan said the subpoena had been approved by Attorney General Alberto Gonzales, as provided by Justice Department guidelines in cases against journalists.
Theoretically, Josh could remain in jail until next July, when the grand jury ends its term. Josh's mother, Liz Wolf-Spada, managed to post a note about the situation on his blog:
Although the July 20th hearing seemed promising, today the judge, Judge Alsop ruled against all motions including 5th amendment rights, rights coming under freedom of the press, against bail or a stay. Josh is in Dublin federal prison, in the East Bay area of the San Francisco Bay. I don't have any other information at this time, but his lawyer is planning to file an appeal to the federal 9th circuit court. That filing alone costs almost $500, so if you can donate any little bit helps with the expenses of legal counsel and money for Josh while in jail. If you believe in prayer or good thoughts please send them to Josh.
Having video blogged anarchist protests myself, I can sympathize with Josh's plight. I'm not sure if I'd be comfortable handing over footage of protestors either. Yet I can see the judge's point of view: Josh isn't protecting an anonymous source, nor was the footage shot in private. I wish I had a stronger legal perspective on the situation, but I have a feeling the judge may be right on this one, whether I like it or not. I just hope Josh doesn't have to spend the next year in jail. More power to him for standing up to defend his principles, though.... -andy
Posted by acarvin at August 2, 2006 11:58 AM
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