Feds Assault California’s Reporter’s Shield Law

Josh Wolf is the blogger who has been sitting in a jail cell for refusing to turn over video he took at a public rally. Now Peter Scheer at the California First Amendment Coalition is weighing in on the question of states rights:

If I were Governor Arnold Schwarzenegger or California Chief Justice Ronald George, I would be deeply troubled by these developments—not only because of the First Amendment issues at stake, which are huge, but because these federal actions against journalists in California represent a wholesale usurpation of state sovereignty. The Bush administration, which has been justly criticized for attempting to enhance executive power at the expense of Congress, is now eviscerating states’ rights in order to expand the power of the federal government.

This case has been questionable from the start. The Feds justification for getting involved is that a police car, which was paid for partially with federal funds, was damaged. Anyone not presently in a persistent vegetative state can see that this was just a pretense to get around California’s shield law for reporters.

By taking this fight to the governor, Scheer makes the point that this tactic effectively invalidates the state law. A reporter can’t know in advance whether an encounter with a source would lead to the feds or the state claiming jurisdiction in a future legal proceeding. Consequently, the only safe course to take would be for the reporter to avoid the encounter entirely. What use, then, is the state’s shield law?

Obviously this does not serve the principles of freedom of the press and the people’s right to know. And by stepping on the toes of states sovereignty, it calls out for leadership form Sacramento.

Update: The Society of Professional Journalists voted to donate $30,000 to Wolf’s legal defense, saying:

“This case is evidence of a disturbing trend in which federal prosecutors are attempting to turn journalists into arms of law enforcement,” said SPJ President David Carlson. “It cannot be allowed to continue. The public’s right to know will be forever harmed.”

So Long As I’m The President

At the president’s press conference yesterday, he was asked:

Q: You’ve continually cited the elections, the new government, its progress in Iraq, and yet the violence has gotten worse in certain areas. You’ve had to go to Baghdad again. Is it not time for a new strategy? And if not, why not?

THE PRESIDENT: The strategy is to help the Iraqi people achieve their objectives and their dreams, which is a democratic society. That’s the strategy. The tactics — now, either you say, yes, its important we stay there and get it done, or we leave. We’re not leaving, so long as I’m the President.

That is an unequivical pronouncement by the president that the United States will be in Iraq for at least two and a half more years. Not a single member of the press thought to ask a follow-up to that startling, and heretofore unexpressed, feature of our foreign policy.

And later…

Q: But are you frustrated, sir?

THE PRESIDENT: Frustrated? Sometimes I’m frustrated. Rarely surprised. Sometimes I’m happy. This is — but war is not a time of joy. These aren’t joyous times. These are challenging times, and they’re difficult times, and they’re straining the psyche of our country.

Well, it’s comforting to know that he is happy sometimes, while the rest of us are having our psyches strained.

Malkin’s Centanni Conspiracy Theory

Cameraman Olaf Wiig, of New Zealand, and American correspondent Steve Centanni are Fox News journalists who were kidnapped last week. Their abduction was reported widely but, consistent with modern news cycling, the story has been suplanted by newer, more sensational stories.

But this doesn’t stop Michelle Malkin from regurgitating speculation, that she attributes to her readers, that the real reason there has not been more reporting (and outrage) is because the media at large just doesn’t care about the folks at Fox:

“The most common suspicion among my readers is that bias against Fox News Channel is coming into play.”

What a despicable notion for her to promote. This reveals much about her readers, and even more about her for choosing to spotlight it. Especially because there was no shortage of coverage a week ago when the two went missing. Beyond the shamefulness of this, she demonstrates complete ignorance of how the media operates. Does she think this drama-addicted press could settle its gaze on a story with nothing breaking and no pictures when JonBenet Ramsey’s alleged murderer is flying business class to L. A.?

She does mention the possibility that the press is treading lightly because there may be sensitive negotiations taking place to secure their release, but that doesn’t excuse her shock news-jock tactics that have no foundation whatsoever. She does not, however, mention that this may not be a kidnapping at all. Since all of the usual supects have denied responsibility, and there has been no communication with lists of demands or ransom, this may just be a terrible crime that is unrelated to the politics or conflict in the region.

Who, exactly is perpetrating this bias against Fox? This allegation cannot be directed at the media, because Fox is itself the top rated cable news channel, and their coverage is identical to the coverage of the rest of the pack. She is aping the tactics of her mentor, Bill O’Reilly, who frequently disparages the media for its bias and subserviance to the far left secularists. He does this from atop the perch of his number one rated cable news program. Who do they think the media is?

Malkin doesn’t bother to offer any support for the theory she is spreading, but I suppose it may be too much to expect anything like jounalistic ethics from her.