Josh Wolf (journalist)
Encyclopedia
Joshua Wolf is an indie video-blogger who was jailed by a Federal district court
on August 1, 2006 for refusing to turn over a collection of videotape
s he recorded during a July 2005 demonstration in San Francisco, California
. Wolf served 226 days in prison at the Federal Correctional Institution, Dublin
, California
, longer than any other journalist in U.S. history has served for protecting source materials. With permission from the prosecution, U.S. District Judge William Alsup ordered Wolf's release on April 3, 2007. On July 4, 2007, Wolf announced that he had filed a declaration of intent to run for mayor of San Francisco
against incumbent Gavin Newsom
.
and Pinon Mesa Middle School in Phelan, California
. He is a 2000 graduate of Serrano High School in Phelan, California
, who went on to graduate from San Francisco State University
in May 2006.
anarchist protest in San Francisco on July 8, 2005 in which the protesters wore masks to hide their identities. Later that same night, and over the next few days, Wolf posted edited clips of his video to a local activist news website, Bay Area Indymedia (Indybay
). Wolf also sold some video to a television broadcast station (KRON) the day after the protest. In the process of documenting protest actions, Wolf had recorded a tense scene of a protester being choked by a police officer and other officers threatening passers-by with stun guns. The only other recording that was broadcast nearly as much was a still photograph of a bloody police officer who was injured during the protest, not taken by Wolf. Other activists who posted video and photographs to the Bay Area Indymedia website were contacted by the FBI seeking their original source materials, but it is unknown how many, if any, turned over their recordings to Federal authorities. Wolf's videotape is the only known source material from the protest to have been sought by subpoena after refusal to turn it over. On April 3, 2007, Wolf posted the unpublished footage on his blog after being assured that he would not have to testify about the footage.
to determine whether arson
charges should be brought against some of the protesters on the suspicion that they may have intended to damage a police car by firing a bottle rocket
under it, even though the only official damage reported was to a tail light. The premise for Federal intervention in a case involving a city police car was that the car was funded in part by Federal dollars. Josh Wolf did not shoot any footage of the car incident. But because he shot other video footage elsewhere during the protest, and the identities of some of the protesters were allegedly known to him, Wolf was targeted by Federal officials. Wolf was subpoena
ed by the court, requiring him to turn over his footage and submit to testifying before the grand jury. Specifically, the FBI subpoenaed him to provide "all documents, writings and recordings related to protest activities conducted in San Francisco" between 6:30 p.m. and 11:59 p.m. on July 8 as well any cameras, recording devices, and his computer.
Wolf refused to comply with the subpoena. His case was picked up by the National Lawyers Guild
who asked a federal magistrate in San Francisco to block the grand jury subpoena, arguing that taking such action would have a chilling effect on other journalists covering future protests. U.S. District Judge William Alsup rejected this argument and ordered Wolf be jailed on August 1, 2006 for contempt of court
until he complied.
A federal appeals court granted him bail on August 31, 2006 and he was released on September 1, although Wolf again refused to comply with the district court order that he produce the videotape. On September 18, 2006 his bail was revoked and Wolf returned to prison on September 22, 2006. The entire en banc
Court of Appeals refused Wolf's subsequent appeals.
February 7, 2007 marked the 169th day of Wolf's imprisonment, surpassing the time served by Vanessa Leggett, a Houston-based freelancer who was imprisoned for 168 days in 2001 and 2002 for declining to reveal unpublished material about a murder case. Wolf remained in jail for a total of 226 days, the longest time a U.S. journalist has been held in contempt for refusing to divulge sources or unpublished material.
, California
.
Wolf argued that first amendment protections allow journalists to refuse to comply when a grand jury is not conducted in good faith. Specifically, Wolf believes that the government wants his video tapes to help them identify people who were participating in the protests, not for actual footage of a crime that was committed. He has also argued that the federal prosecutor's claim for standing is tenuous (based on the fact that federal funds helped to pay for a police car that was damaged), and that the case was brought before a federal grand jury in order to avoid California's shield law
s. There is no Federal Shield Law at this time.
The Federal prosecutor argued that Wolf does not meet the statutory definition of a journalist (under California law) or a common law journalist's privilege based on the Federal Rules of Evidence
. Further, they argued that even if he did, the protections afforded to journalists would not cover his activities in this case because he merely observed the incidents he recorded in a public place. He did not prompt them, nor did he offer anyone anonymity or confidentiality.
In their written ruling, the United States Court of Appeals for the Ninth Circuit
ruled against Wolf on all three issues.
awarded Josh Wolf with a Journalist of the Year award "for upholding the principles of a free and independent press." Josh Wolf was the only journalist jailed for his professional activities in the United States
in 2006, according to Committee to Protect Journalists
http://www.cpj.org/attacks06/pages06/imprison_06.html#usa (this organization is a member of International Freedom of Expression Exchange
). Support in the journalistic community is not uniform, however. On February 28, 2007, syndicated columnist Debra Saunders
attacked the credibility of Wolf's arguments, namely the lack of an expectation of privacy of those he was filming.
In a televised interview on February 9, 2007, Wolf and his attorney, Martin Garbus
, responded to the question of the legitimacy of federal involvement, by claiming that the legal efforts against Wolf were part of a broader attempt by the government to learn the identity of people within the video who are critical of the Bush administration and to suppress American journalism at large.
Wolf stated during his portion of the interview via phone from prison that he has offered to allow the judge to review "in camera
" the raw footage to determine if there's any applicable evidence within the video and the U.S. Attorney's office refused the offer based on a legal technicality. Wolf also said that the raw video does not offer any more applicable evidence of the arson or assault charges.
The U.S. Attorney's office declined to participate in the interview but a spokesperson sent a statement saying they were obligated to gather evidence and that six separate judges have "... ruled that this office has issued a lawful subpoena for legitimate investigative purposes ...".
The Rise Up Network Legal Fund held a benefit to help free Josh Wolf and the media in general on September 21, 2006. Featured speakers included Ross Mirkarimi
, Chris Daly
, and Judith Miller
.
After Josh Wolf took a job as a general assignment reporter at the Palo Alto Daily Post in 2008, he had some choice words for critics who have questioned his claim of being a journalist.
"If the haters who said I wasn't a real journalist, are still lurking," Wolf wrote on his blog, "I hope you don't have too much indigestion after eating your words.'
http://articles.sfgate.com/2008-08-20/news/17124347_1_video-blogger-police-officer-stories
Josh Wolf is currently (as of this 2010 writing) attending Journalism school at UC Berkeley.
. Promising an "open and transparent government", Wolf stated he would wear a video camera everywhere he does his mayoral business. His platform also discusses homelessness, crime, transportation, public works, gay marriage, medical marijuana and other issues.
Wolf finished in 8th place with 1.24% of votes cast.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
on August 1, 2006 for refusing to turn over a collection of videotape
Videotape
A videotape is a recording of images and sounds on to magnetic tape as opposed to film stock or random access digital media. Videotapes are also used for storing scientific or medical data, such as the data produced by an electrocardiogram...
s he recorded during a July 2005 demonstration in San Francisco, California
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
. Wolf served 226 days in prison at the Federal Correctional Institution, Dublin
Federal Correctional Institution, Dublin
The Federal Correctional Institution, Dublin is a federal prison in the United States, primarily housing women. It is located near the city of Dublin in Alameda County, California, southeast of Oakland and approximately east of San Francisco....
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, longer than any other journalist in U.S. history has served for protecting source materials. With permission from the prosecution, U.S. District Judge William Alsup ordered Wolf's release on April 3, 2007. On July 4, 2007, Wolf announced that he had filed a declaration of intent to run for mayor of San Francisco
Mayor of San Francisco
The Mayor of the City and County of San Francisco is the head of the executive branch of San Francisco's city and county government. The mayor has the duty to enforce city laws, and the power to either approve or veto bills passed by the San Francisco Board of Supervisors, the legislative branch....
against incumbent Gavin Newsom
Gavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
.
Biography
Josh Wolf attended Wrightwood Elementary School in Wrightwood, CaliforniaWrightwood, California
Wrightwood is a census-designated place in San Bernardino County, California. It sits at an elevation of . The population was 4,525 at the 2010 census.-History:...
and Pinon Mesa Middle School in Phelan, California
Phelan, California
Phelan is an unincorporated community and census-designated place in San Bernardino County, California, in the Victor Valley of the Mojave Desert, north of the San Gabriel Mountains. The population was 14,304 in the 2010 census.-Geography:...
. He is a 2000 graduate of Serrano High School in Phelan, California
Phelan, California
Phelan is an unincorporated community and census-designated place in San Bernardino County, California, in the Victor Valley of the Mojave Desert, north of the San Gabriel Mountains. The population was 14,304 in the 2010 census.-Geography:...
, who went on to graduate from San Francisco State University
San Francisco State University
San Francisco State University is a public university located in San Francisco, California. As part of the 23-campus California State University system, the university offers over 100 areas of study from nine academic colleges...
in May 2006.
The video
Wolf, a video activist who reported on numerous protest and progressive events, videotaped an anti-G8G8
The Group of Eight is a forum, created by France in 1975, for the governments of seven major economies: Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. In 1997, the group added Russia, thus becoming the G8...
anarchist protest in San Francisco on July 8, 2005 in which the protesters wore masks to hide their identities. Later that same night, and over the next few days, Wolf posted edited clips of his video to a local activist news website, Bay Area Indymedia (Indybay
Indybay
Indybay is the San Francisco Bay Area Independent Media Center, an all-volunteer organization which operates a community news website, Indybay.org, and in June 2004, began publishing a free news magazine, Fault Lines.-Foundation:...
). Wolf also sold some video to a television broadcast station (KRON) the day after the protest. In the process of documenting protest actions, Wolf had recorded a tense scene of a protester being choked by a police officer and other officers threatening passers-by with stun guns. The only other recording that was broadcast nearly as much was a still photograph of a bloody police officer who was injured during the protest, not taken by Wolf. Other activists who posted video and photographs to the Bay Area Indymedia website were contacted by the FBI seeking their original source materials, but it is unknown how many, if any, turned over their recordings to Federal authorities. Wolf's videotape is the only known source material from the protest to have been sought by subpoena after refusal to turn it over. On April 3, 2007, Wolf posted the unpublished footage on his blog after being assured that he would not have to testify about the footage.
Subpoena and arrest
The US District Court empaneled a grand juryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
to determine whether arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
charges should be brought against some of the protesters on the suspicion that they may have intended to damage a police car by firing a bottle rocket
Bottle rocket
A bottle rocket is a very small skyrocket. A typical bottle rocket consists of a rocket engine attached to a stabilizing stick. The user can place the stick in an empty bottle , and ignite the rocket engine; the mouth of the bottle guides the stick, stabilizing the rocket in its first moments of...
under it, even though the only official damage reported was to a tail light. The premise for Federal intervention in a case involving a city police car was that the car was funded in part by Federal dollars. Josh Wolf did not shoot any footage of the car incident. But because he shot other video footage elsewhere during the protest, and the identities of some of the protesters were allegedly known to him, Wolf was targeted by Federal officials. Wolf was subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
ed by the court, requiring him to turn over his footage and submit to testifying before the grand jury. Specifically, the FBI subpoenaed him to provide "all documents, writings and recordings related to protest activities conducted in San Francisco" between 6:30 p.m. and 11:59 p.m. on July 8 as well any cameras, recording devices, and his computer.
Wolf refused to comply with the subpoena. His case was picked up by the National Lawyers Guild
National Lawyers Guild
The National Lawyers Guild is an advocacy group in the United States "dedicated to the need for basic and progressive change in the structure of our political and economic system . ....
who asked a federal magistrate in San Francisco to block the grand jury subpoena, arguing that taking such action would have a chilling effect on other journalists covering future protests. U.S. District Judge William Alsup rejected this argument and ordered Wolf be jailed on August 1, 2006 for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
until he complied.
A federal appeals court granted him bail on August 31, 2006 and he was released on September 1, although Wolf again refused to comply with the district court order that he produce the videotape. On September 18, 2006 his bail was revoked and Wolf returned to prison on September 22, 2006. The entire en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
Court of Appeals refused Wolf's subsequent appeals.
February 7, 2007 marked the 169th day of Wolf's imprisonment, surpassing the time served by Vanessa Leggett, a Houston-based freelancer who was imprisoned for 168 days in 2001 and 2002 for declining to reveal unpublished material about a murder case. Wolf remained in jail for a total of 226 days, the longest time a U.S. journalist has been held in contempt for refusing to divulge sources or unpublished material.
Release
On April 3, 2007, according to Wolf's lawyer David Greene, prosecutors dropped their insistence that Wolf testify before a grand jury after he posted the unaired video online. With permission from the prosecution, U.S. District Judge William Alsup signed an order requiring Wolf's release from the Federal Correctional Institution in DublinDublin, California
Dublin is a suburban city of the East Bay region of Alameda County, California, United States. Located along the north side of Interstate 580 at the intersection with Interstate 680, roughly east of Hayward, west of Livermore and north of San Jose, it was named after the city of Dublin in...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
.
Central legal issues
There were a number of important legal issues at dispute in this case, including:- whether journalists can refuse to comply with grand juryGrand juryA grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
subpoenas, and under what circumstances - whether Wolf meets the legal definition of a journalist and is entitled to those protections
- whether the Federal government has standingStanding (law)In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
in this case
Wolf argued that first amendment protections allow journalists to refuse to comply when a grand jury is not conducted in good faith. Specifically, Wolf believes that the government wants his video tapes to help them identify people who were participating in the protests, not for actual footage of a crime that was committed. He has also argued that the federal prosecutor's claim for standing is tenuous (based on the fact that federal funds helped to pay for a police car that was damaged), and that the case was brought before a federal grand jury in order to avoid California's shield law
Shield law
A shield law or reporters' privilege is legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process.-Definition:...
s. There is no Federal Shield Law at this time.
The Federal prosecutor argued that Wolf does not meet the statutory definition of a journalist (under California law) or a common law journalist's privilege based on the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
. Further, they argued that even if he did, the protections afforded to journalists would not cover his activities in this case because he merely observed the incidents he recorded in a public place. He did not prompt them, nor did he offer anyone anonymity or confidentiality.
In their written ruling, the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
ruled against Wolf on all three issues.
Responses
Questions of Wolf's legitimacy as a journalist have been answered by support from various journalist groups. For example, In 2006, The Society of Professional JournalistsSociety of Professional Journalists
The Society of Professional Journalists , formerly known as Sigma Delta Chi, is one of the oldest organizations representing journalists in the United States. It was established in April 1909 at DePauw University, and its charter was designed by William Meharry Glenn. The ten founding members of...
awarded Josh Wolf with a Journalist of the Year award "for upholding the principles of a free and independent press." Josh Wolf was the only journalist jailed for his professional activities in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in 2006, according to Committee to Protect Journalists
Committee to Protect Journalists
The Committee to Protect Journalists is an independent nonprofit organisation based in New York City that promotes press freedom and defends the rights of journalists.-History:A group of U.S...
http://www.cpj.org/attacks06/pages06/imprison_06.html#usa (this organization is a member of International Freedom of Expression Exchange
International Freedom of Expression Exchange
The International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
). Support in the journalistic community is not uniform, however. On February 28, 2007, syndicated columnist Debra Saunders
Debra Saunders
Debra J. Saunders is a conservative columnist for the San Francisco Chronicle. Syndicated by Creators Syndicate, her thrice weekly column is also carried by newspapers throughout the country and on townhall.com. Saunders also blogs for the Chronicle under the moniker Token Conservative...
attacked the credibility of Wolf's arguments, namely the lack of an expectation of privacy of those he was filming.
In a televised interview on February 9, 2007, Wolf and his attorney, Martin Garbus
Martin Garbus
Martin Garbus is an American attorney. He has tried cases throughout the country involving constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court as well as trial and appellate courts throughout the United States...
, responded to the question of the legitimacy of federal involvement, by claiming that the legal efforts against Wolf were part of a broader attempt by the government to learn the identity of people within the video who are critical of the Bush administration and to suppress American journalism at large.
Wolf stated during his portion of the interview via phone from prison that he has offered to allow the judge to review "in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
" the raw footage to determine if there's any applicable evidence within the video and the U.S. Attorney's office refused the offer based on a legal technicality. Wolf also said that the raw video does not offer any more applicable evidence of the arson or assault charges.
The U.S. Attorney's office declined to participate in the interview but a spokesperson sent a statement saying they were obligated to gather evidence and that six separate judges have "... ruled that this office has issued a lawful subpoena for legitimate investigative purposes ...".
The Rise Up Network Legal Fund held a benefit to help free Josh Wolf and the media in general on September 21, 2006. Featured speakers included Ross Mirkarimi
Ross Mirkarimi
Ross Mirkarimi is a member of the Board of Supervisors of San Francisco, California, a marijuana legalization advocate, and co-founder of the Green Party of California. He was elected in 2004 to represent District 5...
, Chris Daly
Chris Daly
Chris Daly is a former member of the San Francisco Board of Supervisors. He represented District 6, on which he served from 2000 to 2010...
, and Judith Miller
Judith Miller (journalist)
Judith Miller is a Pulitzer Prize-winning American journalist, formerly of the New York Times Washington bureau. Her coverage of Iraq's alleged Weapons of Mass Destruction program both before and after the 2003 invasion generated much controversy...
.
After Josh Wolf took a job as a general assignment reporter at the Palo Alto Daily Post in 2008, he had some choice words for critics who have questioned his claim of being a journalist.
"If the haters who said I wasn't a real journalist, are still lurking," Wolf wrote on his blog, "I hope you don't have too much indigestion after eating your words.'
http://articles.sfgate.com/2008-08-20/news/17124347_1_video-blogger-police-officer-stories
Josh Wolf is currently (as of this 2010 writing) attending Journalism school at UC Berkeley.
Candidacy for mayor
On July 4, 2007, Wolf announced his candidacy for the office of Mayor of San Francisco, against incumbent Gavin NewsomGavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
. Promising an "open and transparent government", Wolf stated he would wear a video camera everywhere he does his mayoral business. His platform also discusses homelessness, crime, transportation, public works, gay marriage, medical marijuana and other issues.
Wolf finished in 8th place with 1.24% of votes cast.
External links
- Josh Wolf's Video Blog
- Josh Wolf's Wiki
- http://joshwolf.net/grandjury
- July 8, 2005 Protest News Coverage and Josh Wolf News from Bay Area Indymedia (IndybayIndybayIndybay is the San Francisco Bay Area Independent Media Center, an all-volunteer organization which operates a community news website, Indybay.org, and in June 2004, began publishing a free news magazine, Fault Lines.-Foundation:...
). - January 14, 2007 — Wolf's mother, Liz Wolf-Spada, is interviewed following the National Conference for Media Reform convention in Memphis, Tenn.
- March 23, 2007 — Josh Wolf Interviewed from Jail by The Common Language Project
- Josh Wolf Interviewed from Jail by Democracy Now!
- Josh Wolf interview with PBS' Frontline
- Frontline video segment featuring Josh Wolf's story
- CBS GRAND-JURY Report
- The Guardian - Web journalist jailings 'reflect power of internet'
- "Blogger seeks release as imprisonment enters third month", AP story, in San Jose Mercury NewsSan Jose Mercury NewsThe San Jose Mercury News is a daily newspaper in San Jose, California. On its web site, however, it calls itself Silicon Valley Mercury News. The paper is owned by MediaNews Group...
, November 20, 2006. - NPR's Talk of the Nation interview, April 9, 2007
- Josh is interviewed by RU Sirius about anarchism
- Wolf criticizes Current TV of censorship