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Freelance writer Vanessa Leggett launched a similar argument in 2002, when she served 168 days in a federal jail for refusing to testify before a grand jury and hand over research materials for a book she was writing. SPJ was one of Leggett's most ardent supporters, paying more than half of her legal expenses. And now, the Society is standing by Wolf. SPJ national leaders worked to have Wolf's legal expenses capped at $60,000. The Society, through its Legal Defense Fund, paid $31,000 of those costs. SPJ members have raised even more money to help cover some of Wolf's personal expenses, such as rent and car payments. The Society's northern California chapter named Wolf one of its 2006 Journalists of the Year. Each year, dozens of journalists contact SPJ for legal help and financial assistance with First Amendment cases. Please join the Society to help further this important work.  Legal Summary and Chronology Information courtesy of the Free Josh Wolf Coalition July 8, 2005: Independent journalist Josh Wolf filmed a protest in San Francisco's Mission District during which an SFPD police vehicle was allegedly vandalized. February 2, 2006: A federal grand jury subsequently formed to investigate the incident subpoenaed Josh Wolf for his testimony and unedited footage of the protest. August 1, 2006: Josh Wolf was jailed for contempt after refusing to hand over his unedited video of the protest and to provide testimony to the grand jury. August 31, 2006: The ninth U.S. Circuit Court of Appeals ordered him released on his own recognizance pending an appeal by his attorneys. September 18, 2006: A three-judge panel of the appellate court upheld the contempt finding and ordered him back to prison where he has remained since September 22nd, 2006. Subsequent requests that the court reconsider his case have been rejected. Wolf has deposed that nothing in his footage depicts the alleged incident under investigation by the grand jury. Attorneys for Wolf have offered to screen the footage for the judge to verify Wolf’s assertion but the offer has been refused. November 9, 2006: Josh Wolf, Lance Williams and Mark Fainaru-Wada were named Journalists of the Year by the northern California Chapter of the Society of Professional Journalists. January 22, 2007: Josh Wolf’s attorneys filed a Grumbles Motion and a Request for Discovery on his behalf. Motion and request denied. March 10, 2007: In a surprising move, U.S. District Judge William Alsup issued a brief order to send independent journalist Josh Wolf’s case to U.S. Magistrate Joseph Spero “in the interest of reaching a resolution satisfactory to both sides.” Liz Wolf-Spada, Wolf's mother, reported March 8 that the court-ordered mediation failed. "Needless to say, I am very discouraged," she wrote." I know I shouldn't get my hopes up, but I do. He will have been in jail 200 days on March 10." Other Voices Courtesy of the Free Josh Wolf Coalition “Josh Wolf’s commitment to principle should be rewarded and not punished. He is a fine young man; a journalist in the best tradition. His continued imprisonment is a violation of both the first amendment and of Josh’s constitutional rights.” — Martin Garbus, Attorney for Josh Wolf “It’s hard to think of a more basic measure of a free country than the ability of people to demonstrate against government policies — and the freedom of journalists to edit and disseminate their accounts of such events ... Today, Josh Wolf sits in a federal prison cell, facing the possibility of staying there until the grand jury’s term expires in July 2007. He may not have the clout or journalism credentials of some of the other government targets, but Josh Wolf is no less entitled to First Amendment protection. Each day he remains incarcerated represents another small dent in this nation’s basic freedoms.” — San Francisco Chronicle “Sending this journalist to prison for protecting his material is both a serious violation of press freedom and a negation of the US constitution’s First Amendment. Journalists are not supposed to be judicial auxiliaries or police auxiliaries. Wolf’s absurd and disproportionate imprisonment violates the American Convention on Human Rights, which stipulates that journalists have the right not to disclose their sources. We call for his immediate release.” — Reporters Without Borders “Josh Wolf’s incarceration is a direct assault on the integrity of our free press by an overly aggressive administration, and I am deeply concerned that these actions could have a dramatic and chilling effect on our country’s journalistic integrity. We must stand against the circumvention of our constitutional rights, and support those brave individuals who defend our right to a press that is free from government obstruction.” — California State Assemblyman Mark Leno “We have to make a stand someplace as the government attempts over and over to change the role of journalists as independent observers to arms of law enforcement. If we allow this to happen the public will be hurt, our democracy will be hurt because people will be less inclined to cooperate with reporters. We will all end up less informed and less able to practice self-government.” — Dave Carlson, Former National President, Society of Professional Journalists “Wolf and a minority of journalists cover unpopular and dissenting views in America. If Wolf is imprisoned, all journalists will be at greater risk to face the same treatment. The public must appreciate that jailing reporters directly affects and limits the kind of information they can receive.” — Thomas R. Burke, co-author of the ACLU amicus curiae brief in the Wolf case “This freelance journalist who isn't backed by a news organization with deep pockets deserves profound respect for the personal and professional sacrifices he is making. Far too many journalists think they're stalwarts of the First Amendment just because they show up for work every day, generate a big story or two every week and file the occasional Freedom of Information request. It's time for more of us journalists to understand that we must do more to defend the First Amendment than what it takes for us to collect our paychecks. More journalists should join journalism-advocacy groups such as SPJ, which direct valuable resources and financial assistance to journalists in need, such as Josh Wolf.” — Christine Tatum, National President, Society of Professional Journalists |
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Molly McDonough is the Assistant Managing Editor/Online for the ABA Journal. She also has worked for American Lawyer Media and The National Law Journal as a writer and editor.