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Journalists Face Jail Time After Reporting on North Dakota Pipeline Protest (techcrunch.com)

Investigative reporter and co-founder of Democracy Now!, Amy Goodman, is now facing riot charges in the state of North Dakota after her report on a Native American-led pipeline protest there went viral on Facebook. From a TechCrunch report:Democracy Now! issued a statement about the new charges against Goodman late Saturday. Goodman's story, posted to Facebook on September 4th, has been viewed more than 14 million times on the social media platform, Democracy Now! said, and was picked up by mainstream media outlets and networks including CBS, NBC, NPR, CNN, MSNBC and The Huffington Post. Additionally, documentary filmmaker Deia Schlosberg, is facing felony and conspiracy charges that could carry a 45-year sentence for filming at the protest, IndieWire reports.

35 of 357 comments (clear)

  1. Hmm... by Anonymous Coward · · Score: 3, Insightful

    I feel like I'm not getting the full picture here

    1. Re:Hmm... by jedidiah · · Score: 5, Insightful

      In that part of the country they have laws intended to suppress reporting of negative things about agribusiness and such. The reporter might have run afoul of one of those.

      Whatever the excuse, hopefully it will get bitch slapped by the Supremes and struck down.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Hmm... by BlueStrat · · Score: 5, Insightful

      In that part of the country they have laws intended to suppress reporting of negative things about agribusiness and such. The reporter might have run afoul of one of those.

      Whatever the excuse, hopefully it will get bitch slapped by the Supremes and struck down.

      It appears that the protesters were attempting to shut down pipeline pumping stations, and the charges against (at least in the filmaker's case) are "conspiracy to 'X'" type charges where the actual protesters were charged with "committing 'X'" type charges outright.

      It appears that the government's position in practice is that if a journalist suspects the subjects he is reporting on may commit a crime, the journalist is obligated to report them to authorities or face conspiracy charges.

      Hope everyone enjoyed that "freedom of the press" stuff while it lasted. Remember, a vote for anything other than (D) or (R) is a wasted vote!

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    3. Re:Hmm... by hey! · · Score: 5, Informative

      Well, here is what the AG told the local paper:

      “She’s a protester, basically. Everything she reported on was from the position of justifying the protest actions,” said Erickson, adding that her coverage of the Sept. 3 protest did not mention that people trespassed during the incident or the alleged assaults on guards.

      In other words, he doesn't believe this person covered the government's position fairly, and therefore doesn't deserve to be considered a journalist.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:Hmm... by Archtech · · Score: 4, Insightful

      Remember, a vote for anything other than (D) or (R) is a wasted vote!

      And a vote for (D) or (R) is a wasted vote. The Deep State will continue on its course, completely unaffected.

      --
      I am sure that there are many other solipsists out there.
    5. Re:Hmm... by NatasRevol · · Score: 5, Insightful

      Yep. That's exactly what China says when they shut up reporters too.

      --
      There are two types of people in the world: Those who crave closure
    6. Re:Hmm... by imidan · · Score: 4, Interesting

      It appears that the protesters were attempting to shut down pipeline pumping stations

      Huh? Did you watch the video that they're claiming is evidence of Goodman participating in a riot? Protesters were trying to stop bulldozers. They went over a fence and then a bunch of security goons pulled up and sicced dogs on them while spraying them with mace.

      They originally tried to charge the protesters with trespassing, but apparently the fence was not properly marked to make that charge stick, so now they've changed it to 'rioting'. Anyhow, it wasn't that Goodman interviewed some people who seemed likely to commit a crime. She was there with a camera crew when they went over the fence, and she covered the story. I don't know what it takes to convict a person of rioting in North Dakota, but I'd be pretty surprised if the charges are not dismissed.

    7. Re:Hmm... by amiga3D · · Score: 4, Insightful

      Stomping on the Constitution seems to be a bi-partisan thing ever since 9-11. I once believed in the Republican party but then Bush took over from Reagan and it's been all downhill from there. Secret Warrants? Secret Courts? WTF? All that shit has been cheerfully abused by whichever party is in power with the full collusion of the "opposition" party.

    8. Re:Hmm... by bmo · · Score: 5, Insightful

      This AG needs to be smacked with a civil rights violation charge and lawsuit.

      They first charged Amy Goodman with criminal trespass. The AG had to drop the charge, because it was laughably bogus, as I will demonstrate below.

      This is how dumb this AG is:

      1. The Native Americans wanted her there.
      2. It's their land.
      3. JUST BECAUSE YOU HAVE AN EASEMENT DOESN'T MEAN YOU OWN THE FUCKING LAND. If you want to own the land under a pipeline, fucking /buy it/ instead of going the cheap route and getting easements.

      Ergo, there was no fucking trespass, let alone /criminal/ trespass.

      There are no charges for assault with a deadly weapon against the "security" idiots for using /dogs/ against the protesters.

      This AG doesn't even fucking understand simple trespass. Where did he get his law degree? From a Cracker Jack box?

      And now he "doesn't consider her a journalist" because he doesn't like her attitude. THAT DOES NOT NULLIFY AMY GOODMAN'S FUCKING FIRST AMENDMENT RIGHTS, YOU IDIOT.

      Amy Goodman got $100k out of the last time her civil rights were violated. She should go after the AG /personally/.

      --
      BMO

    9. Re:Hmm... by BlueStrat · · Score: 5, Informative

      Remember, a vote for anything other than (D) or (R) is a wasted vote!

      And a vote for (D) or (R) is a wasted vote. The Deep State will continue on its course, completely unaffected.

      I agree, as I suspect someone else might if he were alive today.

      "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty

              Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight,) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.

              It serves always to distract the Public Councils, and enfeeble the Public Administration. It agitates the Community with ill-founded jealousies and false alarms; kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.

              There is an opinion, that parties in free countries are useful checks upon the administration of the Government, and serve to keep alive the spirit of Liberty. This within certain limits is probably true; and in Governments of a Monarchical cast, Patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And, there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume." - George Washington's farewell address, September 17, 1796 https://en.wikisource.org/wiki...

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    10. Re:Hmm... by Oswald+McWeany · · Score: 3, Informative

      It's still trespass if a journalist does it. They don't have any extra rights as an individual than any other citizen.

      It's why Paparazzi aren't allowed on a celeb's property, and hang from trees on the street to get a better view- or rent space overlooking their homes. If they could they would sneak onto their property legally.

      --
      "That's the way to do it" - Punch
    11. Re:Hmm... by DuckDodgers · · Score: 3, Informative

      That's a great quote. But your signature is dishonest. Unlawful surveillance and torture of prisoners started under the Republicans.

      Or is the surveillance/police state fine, as long as it's not run by Democrats?

    12. Re:Hmm... by lgw · · Score: 5, Insightful

      A landlord can commit trespass on property rented or leased to another in many states. Just because you own the property doesn't make you immune to trespass charges. The fact that someone vaguely associated with you owns the property in no way protects your from trespass charges.

      The first amendment gives you no right to trespass, riot, cause damage, or assemble in any way other than "peaceably".

      Journalists are just people. People have first amendment rights. Journalists are not nobility, not aristocrats, no matter how much they like to image that. They have the same rights as anyone else, no special privilege.

      And the rights of an ordinary person should be enough, assuming she wasn't actually committing crimes.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    13. Re:Hmm... by BlueStrat · · Score: 5, Interesting

      I rarely reply to my own posts, but I felt that this was worth pointing out because it's so amazing.

      Whenever arguments over the Constitution come up (particularly the 2nd Amendment) there are those who argue that the authors could not anticipate the modern world.

      However, this portion of Washington's farewell address:

      It serves always to distract the Public Councils, and enfeeble the Public Administration. It agitates the Community with ill-founded jealousies and false alarms; kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.

      It's like the man was reading our current news headlines!

      Science, medicine, and technology have advanced tremendously, but basic human nature remains little-changed since we first started using tools. The founders knew and recognized this and so designed a system of government that used those human tendencies in a balanced leverage against itself. That system has since been altered by those seeking power & wealth such that the balance required is gone, and so we get what we currently have.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    14. Re:Hmm... by hey! · · Score: 4, Insightful

      IANAL, but I'll answer your questions to the best of my ability.

      (1) Sure reporters can be charged with trespass -- when they actually commit trespass. Trespass is normally a tort and it is up to the land owner to pursue civil action; the AG has no standing in such cases. There is also criminal trespass, e.g., if you enter a property with the intent of committing certain crimes. It is a misdemeanor and the standards vary by jurisdiction; however it's pretty clear that the protesters' action did not meet the local standards for criminal trespass because the AG dropped those charges.

      (2) To be a journalist you have to engage in journalism. It doesn't have to be good journalism, or even fair journalism. It has to be intended as gathering and reporting facts.

      Why does that intent matter? Because intent is one of the key ingredients in establishing guilt for a crime. You can't accidentally murder someone, although you can be deliberately negligent for example. So let's imagine the protesters *did* riot. If you were along with the mob with the intent of being part of the mob, you share criminal responsibility for the riot. If you were along with the mob with the intent of documenting what the mob does, you only bear responsibility for your own actions (e.g. the trespass tort).

      So the AG's argument amounts to this: the person in question was sympathetic to the protesters, therefore she was one of them.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    15. Re:Hmm... by sjames · · Score: 4, Insightful

      You should review the saying "You can beat the rap but you can't beat the ride". Pressing charges that will never stick is a popular way of punishing inconvenient people.

      And actually, they dropped the tresspassing charges after she traveled to answer them (suggesting that they didn't actually believe they could convict), but made sure to press a new charge to start the process all over again.

  2. She did nothing wrong by Anonymous Coward · · Score: 5, Informative

    Other than piss of people with a shit ton of money and expose their illegal activities.

    1. Re:She did nothing wrong by bluefoxlucid · · Score: 4, Insightful

      It's more-correct to say she did nothing illegal, and I'm not sure on the details. What I've heard on the matter is she grossly-violated journalistic ethic--which is not illegal. A lot of people are pushing the story that she was ignoring any arguments for the pipeline and soliciting opinions to build a case against the pipeline--i.e. rather than "investigative journalism" she was building a sensation piece and willfully-misrepresenting the situation. Again, that's not illegal; and I don't have enough information on the situation to say what was actually going on.

      I've had issue with bullshit "investigative journalism" houses like ProPublica before (ProPublica's gross-misrepresentation of facts to generate ad revenue has actually hurt the most vulnerable of people and caused misappropriation of public funds in pointless Congressional investigations). No clue on if Goodman is going the same way or if people are full of shit.

    2. Re:She did nothing wrong by PopeRatzo · · Score: 3, Informative

      While it may not be illegal, to be a journalist, you must report the facts accurately and report both sides of the story

      Surely, you jest.

      http://www.breitbart.com/

      --
      You are welcome on my lawn.
    3. Re:She did nothing wrong by meta-monkey · · Score: 4, Insightful

      rather than "investigative journalism" she was building a sensation piece and willfully-misrepresenting the situation.

      CNN does that shit now with their BLM race baiting. Their pattern is to present the most sensational version of uncorroborated witness testimony as confirmed fact, while ignoring there even exists an alternative interpretation of the events. This is what led to the murder of 5 cops in Dallas. When they reported on the Philando Castille shooting over and over and over again they would state the girlfriend's story (pulled over for a broken taillight) without question while never mentioning reality (the police radio recording of the officer saying he was pulling him over for matching the description of an armed robber). Obviously any shooting of a suspect who wasn't trying to shoot at the cops is a tragedy, but "man matching the description of an armed robbery suspect shot during investigation" is far less inflammatory than "racist cop shoots kindly black man over broken taillight." A few days later the Dallas shooter cited this case as one of the motivations for his attack. I wonder if he knew about the armed robbery?

      It's unlikely Wolf Blitzer will ever be held responsible for his crimes, though.

      --
      We don't have a state-run media we have a media-run state.
  3. Good luck by MBGMorden · · Score: 5, Insightful

    You know - I'm not even really against the pipeline. IMHO the protesters are over blowing the concerns and construction should have been going ahead.

    THAT SAID - the way the authorities have been treating the protesters is absolutely mind boggling. They have a right to protest - and people have a right to film it. Trumping up "riot" charges because you don't like what they're saying is not just sour grapes - it's unconstitutional.

    I'm not even sure about my position on the pipeline itself anymore, but everyone involved in the handling of the protests should be either voted out/recalled if elected, or fired if not elected.

    --
    "People who think they know everything are very annoying to those of us who do."-Mark Twain
    1. Re:Good luck by Karl+Cocknozzle · · Score: 5, Insightful

      I was in favor of the pipeline until this all started happening. Now? Fuck 'em: Hope they lose their goddamn shirts. Because their investment isn't worth more than the first amendment right to protest, and the first amendment right to report.

      --
      Who did what now?
    2. Re:Good luck by The-Ixian · · Score: 4, Interesting

      I feel very similarly.

      Let the protesters protest. If they just took an indifferent approach, I don't think there would be any kind of a problem outside of local politics. People have a short attention span. A month down the road and people would be like 'what pipeline? oh yeah... how'd that turn out anyway?'. Instead, they have tapped in to the outrage machine of big government trying to gag the little guy.... that is a much more dangerous nerve to tread on....

      --
      My eyes reflect the stars and a smile lights up my face.
    3. Re:Good luck by Wrath0fb0b · · Score: 5, Insightful

      THAT SAID - the way the authorities have been treating the protesters is absolutely mind boggling. They have a right to protest - and people have a right to film it.

      They do not have a right to protest on private land. They don't have the right to obstruct construction crews with their protest. They certainly don't have the right to claim to be about "Democracy Now" based on the opinion of a few thousand (?) unelected protesters to overrule the US Congress and the State of North Dakota (plus a Federal Court and the Army Corps of Engineers).

      They certainly definitely don't have the right to break into pipeline control systems and start turning valves.

      I don't support punitive jail sentences for any of them, but at the same time I don't support the idea that if you have enough people, you can obstruct things you don't approve of (Planned Parenthood?!) and then hide behind the First Amendment. You have the freedom to express yourself, but no one has to listen or give a shit.

    4. Re:Good luck by oh_my_080980980 · · Score: 3, Informative

      And they have the right to build a pipe line through Native American land....think again Potsy.

  4. She's not charged for being a journalist by Anonymous Coward · · Score: 5, Insightful

    She's charged for taking part in the riot - the evidence? She filmed herself trespassing on private property along with the rioters, filmed it, then turned around and claimed she's immune because she's a journalist.

  5. surprising lack of coverage by BenBoy · · Score: 5, Interesting

    The large-media coverage on this has been near nonexistent. NYTimes is carrying one AP wire story about it, but no editorial comment. CNN has literally *nothing*. This has been news for weeks (thought the charges were changed from trespassing (after it seemed hard to make that stick) to rioting). Rolling Stone had been reporting on it, but really? Why do I have to get important political news from a music mag (or from, say, a tech website)? Why do I hear so much more about Trumps hand size and sexual escapades than I do about obstruction of freedom of the press? I mean, yeah, I know why, really (a generation fed on intellectual pap); just whining, I guess. Now GTF off my lawn, 'k?

  6. Re:Get it MFers? by Hylandr · · Score: 4, Insightful

    How is it Reporters covering real injustice are put in jail for inciting riots but race-baiters like al sharpton get off scott-free for inciting riots and inciting police murders?

    Wtf?

    --
    ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
  7. Re:Get it MFers? by Anonymous Coward · · Score: 4, Informative

    Have you looked at any of these videos? The few I've seen look a lot less like protests and more like sieges. Some of the "protestors" have literally broken into pipeline facilities using bolt cutters and started turning valves to disrupt the system. The specific case I believe where this reporters charges are based was from what I have seen several hundred people attacking a pipeline crew (from the clip I saw it looked like one woman tried to break through a line of workers, they tackled her, and protesters swarmed on the workers throwing punches/kicks and chasing them on horseback). If she was merely there as an observer then the charges should be tossed, if she was a part of the acts then she was about as much of a reporter as someone videotaping a dog fight to make a promo video for it. Protesting allows you to make your discontent known by marching and speaking out, not breaking/entering and assault.

  8. Re:Get it MFers? by Vermonter · · Score: 4, Insightful

    Because race-baiters aren't a threat to the establishment and serve to keep the public distracted from real issues.

  9. Re:Get it MFers? by Aaden42 · · Score: 4, Interesting

    I have no first person knowledge, but having followed Amy Goodman's career for the last 15 years or so, it's inconceivable that she would be active in any attack or sabotage in anything short of a self defense situation if she were sucked into the fray. She's one of a dying breed of people who deserve to hold the title "journalist."

  10. Re:Get it MFers? by jellomizer · · Score: 5, Interesting

    Well the real question is what are the details that may not be in the story?

    Journalists tend to protect themselves so to expect full reporting on what the journalist may had done in excess of just covering it, may be left out.

    I know this is circular reasoning but I would like to figure out the other side before I go all crazy.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  11. Update: Judge threw out charge by apenzott · · Score: 5, Informative

    N. Dakota charges reporter with 'riot' for covering protest--but gets slapped down by judge
    http://www.latimes.com/busines...

    --
    The Roman Rule: The one who says it cannot be done shall not interrupt the one who is doing it.
  12. Re:Get it MFers? by sjames · · Score: 3, Informative

    actually, no:

    Theft of service is defined by state laws, which vary by state, but typically define the crime as knowingly securing the performance of a service by deception or threat, diverting another's services to the actor's own benefit, or holding personal property beyond the expiration of rental period without consent of the owner. Intent to avoid payment may be presumed under certain circumstances, such as failure to pay for an applicable rental charge within 10 days after receiving written notice demanding payment.

    So unless she herself utilized the pipeline (that is, made it carry her own crude oil), she did not commit theft of service. Theft of service is most commonly charged when you bypass your electric meter, hook your cable back up, or alter the configuration of your cable box to see channels you don't pay for. It was also a popular charge connected with blue boxing a long distance phone call. In all cases because you took steps to use a service without intent to pay for it.

    Perhaps YOU should do the looking up next time.

  13. Breaking news: Judge dismisses riot charges. by hey! · · Score: 5, Informative

    According to the local paper.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.