Josh Wolf: Journalist or Activist?

The arrest and jailing of Josh Wolf may permanently change the face of journalism.

On February 7, 2007, Wolf became the longest journalist held in jail for contempt. The 24-year-old freelance journalist has continually refused to hand over a videotape of a violent demonstration in San Francisco to authorities.

The history of Wolf’s case dates back to July 8, 2005 during an anti-G8 (Group of Eight) demonstration. Protestors at the demonstrations wore masks. Wolf’s video recordings may illustrate police brutality against protestors as well as damage to public property.

Wolf sold an edited piece from his footage to a local broadcast station, KRON, a day after the protest. Wolf’s materials were then subpoenaed by the FBI. However, Wolf refused to comply with the demands of the federal government. On August 1, 2006, Wolf was arrested and jailed for his refusal to cooperate. Wolf is being held for contempt of court.

For a short period in September 2006, Wolf was released on bail. His bail was revoked on September 22, 2006 and he was returned to jail. He has remained there since. His case has not been accepted for appeal. Currently, a Grand Jury is looking into criminal charges.

The case against Wolf has raised many legal and ethical questions for journalists. Journalists are among the few professionals who are entitled to an expanded version of privacy. The Privacy Protection Act provides a small group of people with privacy so long as they can prove themselves as journalists or publishers.

Wolf, as a freelance journalist, should have been protected not only by the Privacy Protection Act, but also by California’s Shield Law which is supposed to protect the privacy of its journalists. Wolf has not been granted asylum as a journalist because federal authorities suspect that damage to federal property (a police car) has been recorded on Wolf’s tape.

Many critics have debated Wolf’s status as a journalist as he has no affiliation with any major or minor broadcast network or newspaper whether on or offline. Today’s bloggosphere successfully enables any person with access to the Internet, the ability to become a freelance journalist. After all, it is the responsibility of United States citizens to inform, be informed, and keep guard of their entitled civil liberties.

All journalists and U.S. citizens are supposedly afforded Freedom of Speech under the First Amendment. If Wolf is not a considered a journalist by profession, shouldn’t he be entitled to free speech? There is no shield law to free speech, but it needs to exist for the sake of information. The purpose of Wolf’s tape is to inform the public about the demonstration that occurred on July 8, 2005.

The protestors at the anti-G8 demonstration are also entitled to freedom of speech. Wolf’s action in refusing to turn over his tape is an effort to protect the civil liberties of the protestors. Peaceful protests are protected by the First Amendment. The G8 protest turned violent when a San Francisco police officer, Peter Shields suffered a fractured skull after a protestor hit him in the head with a blunt object. This, according to some critics, is the reason why the federal government has continued to hold Wolf in jail.

Why won’t Wolf release the tape? Is it a question of personal ethics? Wolf has stated to the press the reason he refuses to hand the tape over to authorities is because he wishes to protect the confidentiality of protestors. As an activist and anarchist, Wolf seeks not only to inform but to spark change. So far, his refusal to turn over his materials about the G8 demonstration has not changed anything.

Wolf has been praised for his chivalrous actions and defense of the First Amendment. He was named Journalist of the Year by the Society of Professional Journalists in 2006 for upholding the First Amendment.

To this day, Wolf remains uncharged with a crime. Why is this? Perhaps, the answer to that question is simple: he did not commit a crime. Rather, the protestors in the tape are considered the criminals. Wolf is the middle-man.

“Professional” journalists (i.e. network news reporters or major newspaper reporters) are unsettled by the Wolf case because it hits so close to home. Judith Miller, a former New York Times reporter understands this completely as she was jailed for 85 days for refusing to identify a source in the Valerie Plame case.

The notion of protection of source confidentiality is a major one for journalists. Journalists follow a code of ethics in reporting. Each publication or network may have their own ethics code. However, there is a general Code of Ethics published by the Society for Professional Journalists (the same organization that awarded Wolf as Journalist of the Year).

Part of the Code of Ethics as published by the SPJ is to minimize harm. This section advises journalists to be judicious about naming criminal suspects prior to formal charges. In Wolf’s case, his reason for repudiating the request of the FBI was to possibly protect those committing a crime.

On the other hand, Wolf’s actions are in conflict with the Code of Ethics because although he is a freelance journalist and blogger, he was associated with the protestors as a fellow activist. The Code states that journalists should avoid associating with organizations that may damage credibility. Wolf’s involvement with Indybay Independent Media also supports Wolf’s stance as an activist which most likely influences the footage he shoots and events he covers.

This case has caused many to debate and discuss the difference between journalism and activism. Wolf openly stated after the G8 incident he is an activist, anarchist, and archivist. Is his refusal to release his materials to the government a shining example of journalism or one of activism?

I think the answer to that question is both. At first, Wolf’s case seemed to be a cut-and-dried example of the federal government impeding on a citizen’s right to privacy and freedom of speech. Now, over 200 days after his imprisonment, Wolf might just be trying to make a point.

I believe the real tell-all answer to whether Wolf’s case is one that will change the face of journalism has yet to be told. This may happen when the Grand Jury delegating over Wolf’s case reaches a decision, which is slated to be made in July 2007. Until then, journalists and citizens alike will need to decide for themselves on why Wolf remains in jail: to make a valiant stance for Free Speech or to prove a point as an activist?