Blogging All the Way to Jail

Glyn writes "Time magazine is reporting on Josh Wolf the 'first blogger to be targeted by federal authorities for not cooperating with a grand jury.' Josh would have normally been protected from government coercion by California state shield laws but the prosecutors have argued its a federal matter, using quite shaky logic. Josh's blog is being updated by his mother, providing updates on what is happening. From the article: '"Not only does this logic seem silly," Wolf told TIME in June after receiving his final subpoena, "but if unchallenged it will have a deleterious effect on the state protections afforded to many journalists, both independent and those that are part of the established media." Judge William Alsup of Federal District Court rejected Wolf's arguments, and declared him in contempt of court. So he is now being held in a detention center in Dublin, Calif, where he could remain until next July.'"

Comments

Re:Typical method of Fed intimidation

[kfg]

He claims there is no crime on the tape, fine, then show it and be done with it.

http://en.wikipedia.org/wiki/COINTELPRO

Some of us remember.

KFG

Thinking it Through: The Logic of Shield Laws

[Shihar]

This guy has evidence of a crime. Now, in this case it is a crime against the state so people are not terrible sympathetic. Not being sympathetic with the state is as American as guns and apple pie, but people are talking a guy being jailed for not exposing a crime against the state like it is some high moral battle.

What if the role was reversed? What if some pro-police blogger had a video up of protesters getting the shit kicked out of them by police? What if the Rodney King beating had been posted online with the identities of the police officers edited out on a blog? Would we still then be so adamant that a media shield is the best thing?

What if this guy had received a tape of a 12 year old girl getting raped, edited out the rapist, and then posted it onto his blog. Would people still be so adamant that he deserves some sort of media shield?

I think that people are applying the "common sense" test instead of really thinking through the implications of media shield laws, especially in a world where everyone can be the media. It is "common sense" that he would have to give up a video of a little girl getting raped, but not "common sense" that he has to give up a video of a police car being destroyed.

I like the idea of media shield laws to some extent. The press absolutely is an invaluable tool in the regulation of democracy. That said, there needs to be a coherent and consistent approach to such shield laws.

For those who believe that this man is being jailed unfairly, what do you propose the law be? Should the media never be forced to give up evidence of a crime, even in extreme cases like rape and murder? Should some crimes be protected by media shield laws and others not protected?

Re:Gateway

[CaymanIslandCarpedie]

My understanding from reading TFA is that the footage that Josh shot was of G8 protestors lighting a police car on fire.

Slight correction, the feds are arguing the footable MIGHT show G8 protesters lighting the car. Josh says there is no such thing on his video. So the federal judge ruled its a federal case, because federal agents speculate that its possible it may show something which if streched as far as possible could be seen as a federal case even though those who have seen the video say it shows no such thing.
That seems a VERY low threshold for over-riding the states jurisdiction.