In the News: Blogger Released from Prison

Here's an excerpt from a piece in the San Francisco Chronicle about blogger Josh Wolf's release from a record-setting prison term:

Josh Wolf, the blogger whose record 7 1/2 months in federal prison stirred debate about who qualifies as a journalist and what legal protections they should receive, was freed today after releasing video footage sought by prosecutors about an anarchist protest.

Wolf, 24, held in contempt by a federal judge last August for defying a grand jury subpoena, walked out of the Federal Correctional Institution in Dublin at mid-afternoon after his lawyers and federal prosecutors reached a compromise, with the help of a federal magistrate.

Wolf posted the uncut video on his Web site, gave prosecutors a copy and denied under oath that he knew anything about violent incidents at the July 2005 protest. In return, his lawyers said, prosecutors agreed not to summon him before the grand jury or ask him to identify any of the protesters shown on his video.

Prosecutors' withdrawal of their demand for his testimony was the key to the deal, Wolf told reporters outside the prison gate.

"Journalists absolutely have to remain independent of law enforcement," he said. "Otherwise, people will never trust journalists."

Asked about his imprisonment -- the longest-ever for a U.S. journalist for withholding information -- Wolf said, "Absolutely, this was worth it. I would do it again if I had to." He also said his case showed the need for a federal "shield law" that would protect journalists, including bloggers, from having to disclose confidential sources or unpublished material.

California and most other states have shield laws, but they do not apply to proceedings in federal court.

It's interesting to note the various ways in which news reports label Wolf. Sometimes he's a 'journalist'; sometimes a 'blogger'. I saw him referred to as an 'independent journalist,' a 'freelance journalist,' a 'video blogger' and even an 'anarchist journalist'!

And FYI, PA does have a shield law. The Pennsylvania Newspaper Association explains:

Pennsylvania Shield Law (42 Pa.C.S.A. §5942)

When dealing with lawsuits that arise out of Pennsylvania law (lawsuits based upon violations of Pennsylvania law, including libel lawsuits taking place in federal courts), reporters are protected by what is often referred to as the Pennsylvania Shield Law. This law states:

No person engaged in, connected with, or employed by any newspaper of general circulation or any press association or any radio or television station, or any magazine of general circulation, for the purpose of gathering, procuring, compiling, editing or publishing news, shall be required to disclose the source of any information procured or obtained by such person, in any legal proceeding, trial or investigation before any government unit. Note: This statute also applies to radio and television stations as long as they maintain and keep recordings or transcripts of the actual broadcast or telecast available for inspection.

This law provides journalists with an absolute privilege against the compelled disclosure of confidential sources of information, be it from law enforcement agencies or private citizens. The Shield Law has been interpreted by the courts to include not only the names of reporters' informants, but also provides protection to documents, unpublished materials, inanimate objects, and all sources of information obtained by reporters. Therefore, in a case dealing with a violation of Pennsylvania law, reporters cannot be required to produce the names or identities of their informants, documents obtained by their informants (such as invoices or letters), or other sources of information, even if they are subpoenaed to do so.

You can read about exceptions to this law (particularly in libel cases) at their site. It doesn't appear that this law would cover bloggers not affiliated with a traditional news organization, but I don't know if that's been tested in court yet.

You can read the statement Wolf made on his release and watch the footage in question at his web site. He makes an appearance in Part II of Frontline's series, "News War."