Army subpoena threatens Free Press, chills political speech

By Guest Blogger Jen Angel

Last week, journalist Sarah Olson was subpoenaed to testify at the January 4 pretrial hearing for the court martial of Army 1st Lt. Ehren Watada. Sarah, who has interviewed Lt. Watada, is being called by the prosecution to corroborate the statements of Lt. Watada, the first commissioned officer to publicly refuse to serve in Iraq. Several of the charges against Lt. Watada are a result of his political speech, recorded by Sarah and other journalists.

You can hear the original radio interview segment with Lt Watada and his parents via the National Radio Project.

Regardless of your feelings on Lt. Watada’s stand against the war, this case has several far-reaching implications for journalists and free-speech advocates. First, the case will help determine how far the government can go in prosecuting the political speech of members of the military, including statements, like Watada’s, that are made while off-duty, not in uniform, and speaking as an individual and not a representative of the military.

Second, while it is often customary for reporters to corroborate their stories when asked by the courts, what are the implications when that corroboration aids in the prosecution of political speech? Isn’t it antithetical to ask a journalist to aid in a case that will limit free speech rights of any American?

Finally, should Sarah be compelled to testify, she will, in essence, become an unwitting investigative tool for the government. As she says in a statement, “It is my job as a professional journalist to report the news, not to act as the eyes and ears of the government or participate in government prosecutions.” This will have a vast chilling effect on the coverage of controversial issues. Will reporters continue to cover controversial issues if they know their actions can aid in the prosecution of individuals? Will whistle-blowers and dissenting voices of any stripe talk to reporters if they know the reporters can be compelled to testify against them?

I urge everyone reading this blog to follow Sarah’s case, as the implications for journalists are extensive. You can find updates at: www.FreePressWG.org.

Guest Blogger Jen Angel is a media activist and cofounder of Clamor Magazine. Her personal blog is Aid & Abet.

This entry was posted on Saturday, December 30th, 2006 at 2:08 pm and is filed under American Culture, Arms & Conflict, Criminal Justice & Prisons, Domestic Politics, Human Rights & Civil Liberties, Political Dissent, Media Justice Now, War, Outrages & Responsibilities. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.