Dear All;
A just released court decree states unequivically that student journalists with unpublished materials are covered by California's shield law just as regular journalists are covered as well as bloggers and free lancers.
This off sets the past brouhaha over Josh Wolfe and his being taken to federal court with no shield law because he told the SFPD to shove off.
The SFPD used a search warrant to seize materials from the students apartment which the SFPD will have to return.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/15/BAFC18PI1J.DTL
http://tinyurl.com/n98ox9
Ron Getty - SF Libertarian
Hostis res Publica
Morte ai Tiranni
Dum Spiro, Pugno
Thank you for the post, Ron. This decision would not have come down without Josh first standing up and saying shove it!! An example that We the People do have a voice.
Marcy
Dear Marcy;
The big thing here is the SFPD seized the materila knowing the student would file for recovery and he had not published. Josh refused to turn over after publsihing a smidgen or two of the tape and when he did tell the SFPD to shove off when they asked for all the video that's when the poop hit the fan and the SFPD brought in the Federales using the specious motive of a police car getting burned and fed funds helped to buy it.
In federal court Josh truly never had a chance because he had not been working as a journalist as defined and did not have any federal shield law protection. To date there still isn't a full federal shield law only a very limited shield law.
A new shield law was passed out of committee in May and the Senate is also getting on board so there may eventually be a new full federal shiled law. Unh Hunh!
Ron Getty - SF Libertarian
Hostis res Publica
Morte ai Tiranni
Dum Spiro, Pugno
Dear Ron,
Yes, I know. However, although the cases are different on several levels (grand jury request vs seizure; federal vs local authorities; California shield laws vs federal lack thereof), I would still like to focus on the idea that the SFPD (as well as the feds) are more on the spotlight now than before Josh, regardless of how strange they might behave, such as in the current case.
Marcy