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<h1><b>San Francisco reporter asserts right to remain silent before
federal grand
jury</b></h1><font size=3>
<a href="http://www.sanfranciscosentinel.com/news_in_brief/first_amendment_060616.shtml" eudora="autourl">
http://www.sanfranciscosentinel.com/news_in_brief/first_amendment_060616.shtml<br>
<br>
</a></font><h3><b><a href="mailto:SanFranciscoSentinel@yahoo.com">By Pat
Murphy</a></b> <br>
<b>June 16, 2006</b></h3><font size=3>A San Francisco journalist avoided
jail time yesterday despite refusal to answer federal grand jury
questioning on his unpublished work.<br><br>
Hours earlier U.S. District Judge William ordered freelance video
journalist Josh Wolf to answer prosecutor questions based on an FBI
subpoena.<br><br>
Prosecutors told Wolf he was free to go after Wolf maintained his right
to remain silent and to discuss posed questions with legal counsel,
according to his attorney.<br><br>
It was the second subpoena issued by the FBI demanding unpublished
footage of a January 8, 2005, anarchist demonstration be surrendered to
investigators.<br><br>
A San Francisco police officer was hit over the head by a demonstrator at
the protest, Wolf's attorney concedes. Portions of video were televised
locally.<br><br>
Attorney Ben Rosenfield described the incident as "deplorable"
but charged federal authorities with ongoing efforts to override reporter
shield acts provided by 33 states. Rosenfield is the lead attorney of
legal defense provided by the National Lawyers Guild (NLG).<br><br>
<br>
In California, reporters shielded by statute and constitution from
judicial order to surrender unpublished material.<br><br>
"So it is a sad day when the federal government can render these
state protections irrelevant and when local police and prosecutors
cooperate or are at least complicit," added Carlos Villarreal,
director of the NLG San Francisco.<br><br>
Villarreal described federal intervention as an attack on free
speech.<br><br>
"So this is an all out assault on free speech - the freedom to
gather information and disseminate that information to the public and the
freedom to organize politically.<br><br>
"The public benefits tremendously from a free press and the media
serves a critical purpose in our democracy.<br><br>
"Journalists must not feel that the government is over their
shoulder when they do their work and their subjects, whether
whistleblowers or political activists taking on an unpopular stand,
should not feel the media is just an arm of government.<br><br>
"That is why we have a shield law for journalists in California - to
protect the public and preserve the benefits of a free press.<br><br>
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<a href="http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/06/16//cgi-bin/article.cgi?file=/c/a/2006/06/16/BAGV9JFC6I1.DTL">
SAN FRANCISCO <br>
<dd>Journalist not forced to give up video</a> <br>
</b>
<dd><font size=1>- <a href="mailto:begelko@sfchronicle.com">Bob Egelko,
Chronicle Staff Writer</a><br>
<dd>Friday, June 16, 2006 <br><br>
</font>
<dd><font size=3>A freelance journalist who faced a possible jail
sentence for refusing to surrender video footage of a July 2005 clash
between San Francisco police and anarchist demonstrators was abruptly
released from a subpoena by federal prosecutors Thursday, his lawyer
said. <br><br>
<dd>Josh Wolf, 24, was ordered by U.S. District Judge William Alsup in a
closed-door hearing earlier in the day to turn over the video and answer
questions before a federal grand jury investigating the alleged vandalism
of a police car, said attorney Ben Rosenfeld. Rosenfeld said Wolf was
then questioned before the grand jury, and he insisted that he had a
constitutional right to remain silent and to discuss the questions with
his lawyers, and finally was told by a prosecutor, without explanation,
that he was free to go. <br><br>
<dd>There was no comment from the U.S. attorney's office. <br><br>
<dd>A band of anarchists fought with police during a protest last year in
the Mission District against an international economic summit in
Scotland. One officer was hit in the head and suffered a fractured skull.
Part of Wolf's video of the demonstration was shown on local television.
He said federal prosecutors want the rest of the footage, which he has
refused to give up. <br><br>
<dd>Rosenfeld said federal prosecutors have contended that the damaging
of a police car during the protest could be a federal crime because the
Police Department receives federal funds. Federal law, unlike California
law, contains no protections for reporters who refuse to reveal
confidential sources or unpublished material. <br><br>
<dd>Page B - 2 <br>
<dd>URL:
<a href="http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/06/16/BAGV9JFC6I1.DTL" eudora="autourl">
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/06/16/BAGV9JFC6I1.DTL</a>
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