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{
"title": "MinnPost reporter reinstated to press list after coalition backing",
"url": "https://pressfreedomtracker.us/all-incidents/minnpostcom-reporter-reinstated-to-press-list-after-coalition-defends-media-access/",
"first_published_at": "2023-05-10T19:48:29.478523Z",
"last_published_at": "2023-12-20T20:40:06.834777Z",
"latest_revision_created_at": "2023-12-20T20:40:06.706072Z",
"date": "2023-02-09",
"exact_date_unknown": false,
"city": "St. Paul",
"longitude": null,
"latitude": null,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"0yke0\">MinnPost reporter Peter Callaghan was removed on Feb. 10, 2023, from the Minnesota House DFL Caucus media distribution list in apparent retaliation and reinstated a few weeks later after a coalition of news media defended the reporter and media access.</p><p data-block-key=\"144ss\">According to MinnPost editor Elizabeth Dunbar, Callaghan is back on the media list receiving emails and correspondence “just like other members of the press.”</p><p data-block-key=\"9pqef\">The reporter’s removal stemmed from an incident on Feb. 9 between Callaghan and Matt Roznowski, the Director of Communications and Public Affairs for the House Democratic-Farmer-Labor Caucus. The DFL party currently holds five of the state’s offices including governor, lieutenant governor, secretary of state, state auditor and state attorney general.</p><p data-block-key=\"ahuek\">Following a verbal exchange between the two during a press conference at the Minnesota State Capitol in St. Paul, Callaghan was removed from the House press list that provides updates to reporters with access to press releases and press conferences.</p><p data-block-key=\"c923s\">The MinnPost subsequently sent a letter to the House DFL Caucus objecting to Callaghan’s treatment and defending the media’s right to access public officials.</p><p data-block-key=\"ahalr\">By Feb. 27, Callaghan had his media access restored, however in a back-and-forth exchange of correspondence between the House DFL Caucus and the MinnPost, the House DFL Caucus accused Callaghan of discrimination and harassment based on comments the reporter had made at the press conference.</p><p data-block-key=\"3ltom\">In an April 12 letter, Leita Walker, an attorney with Ballard Spahr LLP, notified the House DFL Caucus that she represented a coalition of national and local news organizations that were <a href=\"https://www.minnpost.com/inside-minnpost/2023/04/why-we-sent-a-coalition-letter-expressing-concern-over-the-treatment-of-our-reporter-peter-callaghan/\">banding together to defend Callaghan</a> and the media’s right to access. The coalition included: Axios, Fox affiliate KMSP-TV, NBC affiliate KARE-TV, the Mankato Free Press, the Minnesota Chapter of the Society of Professional Journalists, Minnesota Public Radio, The Minnesota Reformer, the MinnPost.com, the (St. Paul) Pioneer Press and The Star Tribune.</p><p data-block-key=\"b5t7g\">“Excluding a member of the media from government communications after that member made a pointed but justifiable comment during a press conference smacks of retaliation and raises serious constitutional concerns,” Walker wrote.</p><p data-block-key=\"cbnoc\">In response, Speaker of the House Rep. Melissa Hortman made a <a href=\"https://www.audacy.com/wccoradio/news/local/house-speaker-responds-to-calls-of-mistreatment-of-reporter\">public statement</a> on April 14 explaining that a 2018 policy requires the House to investigate “an allegation of conduct that violates the House Policy Against Discrimination and Harassment.” Hortman said the House had taken action following Callaghan’s alleged behavior at the February press conference.</p><p data-block-key=\"dfses\">A few days later, on April 17, Hortman wrote again — this time acknowledging the media coalition letter. Hortman said the February press conference led to “flared tempers and misunderstandings” and suggested mending fences.</p><p data-block-key=\"fa8av\">“I would be happy to meet with the media to discuss how we can rebuild trust and improve relationships going forward,” she stated in the letter.</p><p data-block-key=\"ckoek\">As of May 9, members of the coalition are “discussing a follow-up meeting” with the Speaker of the House but nothing had been scheduled, MinnPost editor Dunbar said in an email with the U.S. Press Freedom Tracker. There have been no new concerns about retaliation against Callaghan, she said.</p><p data-block-key=\"83us4\">When reached for comment, Ted Modrich, Minnesota House DFL Press Secretary who serves as Senior Advisor to the Speaker of the House and who responded for Melissa Hortman, said in an email: “The Speaker doesn’t have any comment beyond what she has already said publicly.”</p></div>",
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"state": {
"name": "Minnesota",
"abbreviation": "MN"
},
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"workers_whose_communications_were_obtained": [],
"target_nationality": [],
"targeted_institutions": [],
"tags": [],
"politicians_or_public_figures_involved": [
"State government: Legislature"
],
"authors": [],
"categories": [
"Denial of Access"
],
"targeted_journalists": [
"Peter Callaghan (MinnPost)"
],
"subpoena_statuses": [],
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"Press credential or media list"
]
},
{
"title": "NewsNation reporter arrested while covering Ohio governor news conference",
"url": "https://pressfreedomtracker.us/all-incidents/newsnation-reporter-arrested-while-covering-ohio-governor-news-conference/",
"first_published_at": "2023-02-09T16:29:30.325939Z",
"last_published_at": "2024-02-06T16:16:42.416563Z",
"latest_revision_created_at": "2024-02-06T16:13:28.168992Z",
"date": "2023-02-08",
"exact_date_unknown": false,
"city": "East Palestine",
"longitude": -80.54035,
"latitude": 40.83395,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"t9uht\">NewsNation Correspondent Evan Lambert was forced to the ground and arrested while covering a news conference held by Ohio’s governor in East Palestine on Feb. 8, 2023. The outlet <a href=\"https://www.newsnationnow.com/us-news/midwest/newsnation-reporter-arrested-ohio-news-conference/\">reported</a> live as he was released approximately five hours later.</p><p data-block-key=\"ae1ds\">Lambert was reporting live at around 5 p.m. as Gov. Mike DeWine spoke in a school gymnasium about cleanup efforts around a recent train derailment. Law enforcement officers approached Lambert at the back of the room, telling him to be quiet. After finishing his live report, officers again approached him and asked that he leave.</p><p data-block-key=\"4c3uo\">In <a href=\"https://twitter.com/NewsNation/status/1623467498279403521\">footage</a> of the incident, Lambert can be seen speaking with four law enforcement officers as one of them pulls on Lambert’s arm to forcibly remove him. Officers ultimately forced Lambert to the ground, pinning him on his stomach while handcuffing him. Two officers then place him in what appears to be a Columbiana County Sheriff’s Office vehicle.</p><p data-block-key=\"b3oj\">NewsNation Washington Bureau Chief Mike Viqueria <a href=\"https://twitter.com/NewsNation/status/1623481470638604288\">said during a broadcast</a> that he spoke to Lambert while he was jailed.</p><p data-block-key=\"7anu3\">“The first thing I’m going to tell you is Evan continues to act with a calm professionalism and equanimity despite what appears to me to be an infuriating outrage and violation of the First Amendment,” Viqueria said.</p><p data-block-key=\"e834j\">NewsNation reported live as Lambert was released from the Columbiana County Jail at around 10:15 p.m. He faces charges of criminal trespassing and disorderly conduct. It was not immediately clear which law enforcement agency filed the charges. When reached by phone, the Columbiana County Sheriff’s Office directed the U.S. Press Freedom Tracker to contact the East Palestine Police Department. A EPPD officer said that they would be releasing a press release on Feb. 9.</p><p data-block-key=\"aeelj\">After his release, <a href=\"https://twitter.com/NewsNation/status/1623526647503933440\">Lambert said</a> he was doing fine and that it had been an extremely long day.</p><p data-block-key=\"4lbuu\">“I’m just trying to do my job — as I am continuing to do right now — and that’s what it’s all about,” Lambert said. “No journalist expects to be arrested when you’re doing your job, and I think that’s really important that that doesn’t happen in our country.”</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">"No journalist expects to be arrested when you're doing your job," <a href=\"https://twitter.com/EvanLambertTV?ref_src=twsrc%5Etfw\">@EvanLambertTV</a> says. He goes on to say he will continue to do his job and report what people need to know.<br><br>Watch <a href=\"https://twitter.com/hashtag/Banfield?src=hash&ref_src=twsrc%5Etfw\">#Banfield</a>: <a href=\"https://t.co/s8z9kEhRC4\">https://t.co/s8z9kEhRC4</a> <a href=\"https://t.co/tqHDvxHbk7\">pic.twitter.com/tqHDvxHbk7</a></p>— NewsNation (@NewsNation) <a href=\"https://twitter.com/NewsNation/status/1623529349470380034?ref_src=twsrc%5Etfw\">February 9, 2023</a></blockquote>\n<script async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\"></script>\n\n</div>\n\n</div>\n</div>\n<div class=\"block-rich_text\"><p data-block-key=\"t9uht\">The governor told reporters shortly after the arrest that he had not ordered or authorized it.</p><p data-block-key=\"2m56l\">“It has always been my practice that if I’m doing a press conference, someone wants to report out there and they want to be talking back to the people back on channel, whatever, they have every right to do that,” DeWine said. “If someone was stopped from doing that, or told they could not do that, that was wrong.”</p></div>",
"introduction": "",
"teaser": "",
"teaser_image": "https://media.pressfreedomtracker.us/media/images/Screenshot_459.2e16d0ba.fill-1330x880.png",
"primary_video": null,
"image_caption": "<p data-block-key=\"yovfg\">NewsNation correspondent Evan Lambert is pinned to the ground after being stopped from covering a news conference held by Ohio Gov. Mike DeWine on Feb. 8, 2023. He was arrested and later released with pending charges.</p>",
"arresting_authority": "East Palestine Police Department",
"arrest_status": "arrested and released",
"release_date": null,
"detention_date": null,
"unnecessary_use_of_force": true,
"case_number": "4:23-cv-02200",
"case_type": "CIVIL",
"status_of_seized_equipment": null,
"is_search_warrant_obtained": false,
"actor": null,
"border_point": null,
"target_us_citizenship_status": null,
"denial_of_entry": false,
"stopped_previously": false,
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"did_authorities_ask_about_work": null,
"assailant": "law enforcement",
"was_journalist_targeted": "yes",
"charged_under_espionage_act": false,
"subpoena_type": null,
"name_of_business": null,
"third_party_business": null,
"legal_order_venue": null,
"status_of_prior_restraint": null,
"mistakenly_released_materials": false,
"links": [],
"equipment_seized": [],
"equipment_broken": [],
"state": {
"name": "Ohio",
"abbreviation": "OH"
},
"updates": [
"(2023-11-13 13:58:00+00:00) NewsNation reporter sues over wrongful arrest, battery",
"(2023-02-09 14:38:00+00:00) Body camera footage, law enforcement statements released in arrest of NewsNation correspondent",
"(2023-02-15 14:15:00+00:00) Charges against NewsNation correspondent dropped",
"(2024-01-30 00:00:00+00:00) TV reporter settles Ohio arrest and battery suit"
],
"case_statuses": [
"dismissed"
],
"workers_whose_communications_were_obtained": [],
"target_nationality": [],
"targeted_institutions": [],
"tags": [],
"politicians_or_public_figures_involved": [],
"authors": [],
"categories": [
"Arrest/Criminal Charge",
"Assault"
],
"targeted_journalists": [
"Evan Lambert (NewsNation)"
],
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},
{
"title": "Subpoena for NBC reporter to testify at murder trial quashed",
"url": "https://pressfreedomtracker.us/all-incidents/subpoena-for-nbc-reporter-to-testify-at-murder-trial-quashed/",
"first_published_at": "2023-09-26T20:36:29.374449Z",
"last_published_at": "2023-09-26T20:36:29.374449Z",
"latest_revision_created_at": "2023-09-26T20:36:29.100908Z",
"date": "2023-02-07",
"exact_date_unknown": false,
"city": "Binghamton",
"longitude": -75.91797,
"latitude": 42.09869,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"dy44w\">NBC Dateline reporter Andrea Canning was subpoenaed on Feb. 7, 2023, to testify at an upcoming murder trial. The New York Supreme Court Appellate Division quashed the order on Sept. 14.</p><p data-block-key=\"eafrk\">Canning interviewed Ganesh R. Ramsaran in 2014 as he was awaiting his initial trial for allegedly murdering his wife. The resulting Dateline episode first aired at the end of October 2014. Ramsaran — who has maintained his innocence — was found guilty and sentenced, but was granted a retrial in 2022.</p><p data-block-key=\"3d2r1\">Benjamin Bergman, the special prosecutor in the Ramsaran retrial, issued Canning a subpoena in early 2023 ordering her to testify at trial to confirm the authenticity of her recorded interview with Ramsaran and to speak to the contents of the interview.</p><p data-block-key=\"8h6ns\">While Bergman initially asserted that he only sought to question Canning about the published portions of the interview, according to court records reviewed by the U.S. Press Freedom Tracker he later admitted that he required a witness with knowledge of the unpublished sections.</p><p data-block-key=\"b3j51\">Attorneys for NBCUniversal filed a motion to quash the subpoena on March 10, arguing that she was protected under New York’s Shield Law.</p><p data-block-key=\"1iqjj\">In an affidavit in support of the motion, Canning wrote: “In my reporting on the criminal justice system, my ability to gain interviewees’ trust hinges on my ability to remain separate from law enforcement and criminal prosecution. If I am forced to act as a witness for the government every time I conduct one of these interviews, my role would be virtually indistinguishable from that of law enforcement.”</p><p data-block-key=\"1h2co\">Chenango County Judge Frank Revoir Jr. denied Canning’s motion on May 8, ruling that her testimony would not be privileged under the Shield Law and that the evidence sought from her is “critical or necessary” to the prosecution’s case.</p><p data-block-key=\"db6rt\">Canning’s attorneys <a href=\"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=dJge8Nc43T_PLUS_2A7GTK0ADvQ==\">filed an appeal</a> to the Appellate Division of the New York Supreme Court in Albany in June. On Sept. 14, the five justices of the court unanimously ruled in favor of Canning, finding that the lower court judge had “exceeded his jurisdiction and power.”</p><p data-block-key=\"2upoa\">“There is a multitude of other evidence against Ramsaran, including the statements that he made during his telephone calls to 911, his girlfriend and to the police, as well as DNA evidence of the blood found on his clothes and the victim’s van,” the justices wrote. “Ramsaran’s statements during the interview do not contradict any of his other statements, but rather corroborate other available evidence against him.”</p><p data-block-key=\"fltud\">Neither Canning nor NBC News responded to requests for comment.</p></div>",
"introduction": "",
"teaser": "",
"teaser_image": "https://media.pressfreedomtracker.us/media/images/Canning.2e16d0ba.fill-1330x880.png",
"primary_video": null,
"image_caption": "<p data-block-key=\"7jba5\">A portion of a Feb. 7, 2023, subpoena ordering NBC Dateline correspondent Andrea Canning to testify at the retrial of a man charged with murdering his wife. The New York Supreme Court Appellate Division quashed the order on Sept. 14.</p>",
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"detention_date": null,
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"state": {
"name": "New York",
"abbreviation": "NY"
},
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"categories": [
"Subpoena/Legal Order"
],
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"Andrea Canning (NBC News)"
],
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},
{
"title": "Reporter pepper-sprayed while covering ‘Justice for Tyre’ protest",
"url": "https://pressfreedomtracker.us/all-incidents/reporter-pepper-sprayed-while-covering-justice-for-tyre-protest/",
"first_published_at": "2023-02-02T21:42:34.868348Z",
"last_published_at": "2023-02-08T15:18:16.426239Z",
"latest_revision_created_at": "2023-02-08T15:18:16.264002Z",
"date": "2023-02-01",
"exact_date_unknown": false,
"city": "Johnson City",
"longitude": -75.95881,
"latitude": 42.11563,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"5oix4\">Sarah Eames, a reporter for the Binghamton Press & Sun-Bulletin, was pepper-sprayed by law enforcement while covering a protest in the village of Johnson City, New York, on Feb. 1, 2023, the Press & Sun-Bulletin <a href=\"https://www.pressconnects.com/story/news/local/2023/02/02/wegmans-johnson-city-protest-multiple-arrests-reporter-pepper-sprayed-by-police-tyre-nichols/69864762007/\">reported</a>.</p><p data-block-key=\"ditnp\">The protest was <a href=\"https://www.facebook.com/events/910743433616264\">organized</a> on the first day of Black History Month in response to the release of footage from the police beating of Tyre Nichols in Memphis, as well as the New Year’s Day arrest of Hamail Waddell, a resident of nearby Binghamton. Nichols was beaten by multiple officers following a traffic stop on Jan. 7, and died three days later. Waddell was pinned to the ground by an officer with a knee on his neck in the early hours of Jan. 1.</p><p data-block-key=\"dging\">The demonstration began peacefully at approximately 7 p.m., <a href=\"https://www.wskg.org/news/2023-02-02/police-shut-down-protest-make-arrests-outside-wegmans\">according to WSKG</a>. A Broome County Sheriff’s deputy ordered the crowd to disperse via loudspeaker, stating that they were on private property. Shortly after, law enforcement officers began arresting multiple people and threatening the crowd with pepper spray.</p><p data-block-key=\"2jl0u\">In <a href=\"https://www.pressconnects.com/videos/news/local/2023/02/02/wegmans-protest-johnson-city-pressconnects-reporter-pepper-sprayed-tyre-nichols/11166964002/\">footage</a> Eames captured on her cellphone, a Johnson City police officer can be heard yelling, “Back up or you’re going to get sprayed!”</p><p data-block-key=\"5d77l\">Immediately after, he pepper-sprays Eames in the face. The Press & Sun-Bulletin reported Eames had identified herself as press and was holding up her media credentials. In the video, the spray also appears to coat her cellphone. It was not immediately clear whether the equipment was damaged.</p><p data-block-key=\"598jo\">Eames did not respond to an email requesting comment. She shared her footage and photos of her face <a href=\"https://twitter.com/sarahsawthat/status/1620994786655371265\">on Twitter</a> after the incident.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">Got pepper-sprayed in the face while covering a protest tonight, alongside several demonstrators. Eight others were violently arrested and have since been released. <br><br>Story to come. <a href=\"https://t.co/cbPT12LMPg\">pic.twitter.com/cbPT12LMPg</a></p>— Sarah Eames (@sarahsawthat) <a href=\"https://twitter.com/sarahsawthat/status/1620994786655371265?ref_src=twsrc%5Etfw\">February 2, 2023</a></blockquote>\n<script async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\"></script>\n\n</div>\n\n</div>\n</div>\n<div class=\"block-rich_text\"><p data-block-key=\"5oix4\">“I had to tap out earlier than I would’ve liked,” Eames <a href=\"https://twitter.com/sarahsawthat/status/1621008500720816129\">wrote</a> in a reply on Twitter.</p><p data-block-key=\"fb2dt\">When reached by telephone, the Johnson City Police Department said that it planned to release an official statement.</p></div>",
"introduction": "",
"teaser": "",
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"image_caption": "<p data-block-key=\"zlmue\">Binghamton Press & Sun-Bulletin reporter Sarah Eames, left, with camera, is seen in law enforcement’s body camera footage released following a protest in Johnson City, New York, on Feb. 1, 2023. </p>",
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"border_point": null,
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"did_authorities_ask_about_work": null,
"assailant": "law enforcement",
"was_journalist_targeted": "unknown",
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"state": {
"name": "New York",
"abbreviation": "NY"
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"(2023-02-02 10:17:00+00:00) Police release statement, body camera footage after reporter pepper-sprayed at protest"
],
"case_statuses": [],
"workers_whose_communications_were_obtained": [],
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"tags": [
"Black Lives Matter",
"chemical irritant",
"protest"
],
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"authors": [],
"categories": [
"Assault"
],
"targeted_journalists": [
"Sarah Eames (Binghamton Press & Sun-Bulletin)"
],
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"type_of_denial": null
},
{
"title": "NY Assembly keeping pandemic restrictions for press access this session",
"url": "https://pressfreedomtracker.us/all-incidents/ny-assembly-keeping-pandemic-restrictions-for-press/",
"first_published_at": "2023-02-14T22:36:01.653884Z",
"last_published_at": "2023-12-20T20:41:37.657585Z",
"latest_revision_created_at": "2023-12-20T20:41:37.568404Z",
"date": "2023-01-23",
"exact_date_unknown": false,
"city": "Albany",
"longitude": -73.75623,
"latitude": 42.65258,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"oy3tn\">Limitations on press access inside the New York State Assembly implemented during the pandemic will continue this legislative session, a spokesman for the Speaker confirmed on Jan. 23, 2023.</p><p data-block-key=\"bkmm4\">In an email to Zach Williams, president of the New York State Legislative Correspondents Association, Press Secretary Michael Whyland said that the rules for the lower house of the legislature were not changing.</p><p data-block-key=\"5rk5u\">During the first months of the pandemic, sweeping health and safety measures were put in place limiting how many people — including lawmakers — could enter the statehouse and where they could go. Journalists covering the Assembly were limited to a few chairs in the well of the chamber and at the back of the room, and were barred from directly approaching lawmakers at their desks. Reporters were also no longer permitted in the area behind the dias to access the speaker’s office, conference rooms and a lounge.</p><p data-block-key=\"7j3me\">Whyland wrote that the area behind the dias is still by appointment only.</p><p data-block-key=\"c89ne\">Williams, who is also the New York Post’s Albany bureau chief, told the U.S. Press Freedom Tracker that when COVID-19 restrictions for the statehouse began to expire, the LCA initiated conversations about lifting the media access limitations as well.</p><p data-block-key=\"5trvt\">“Once they stopped having the mask restriction and capacity restrictions, reporters like myself started raising questions about why we could not enter and move around the chamber and adjacent areas like we did before coronavirus struck New York,” Williams said.</p><p data-block-key=\"7perf\">Tom Precious, who covered the New York State legislature for more than 30 years before retiring in 2022, told the Tracker via email that in the years before the pandemic, members of the press were able to move around the chamber with relative ease.</p><p data-block-key=\"8um74\">“It used to be that reporters could walk down onto the floor during session and go right up to a lawmaker’s desk to ask them a question,” Precious said. “I spent many, many hours of my time at the Capitol walking that back hallway in order to grab lawmakers for comments or background perspectives on an issue.”</p><p data-block-key=\"fhf1q\">After receiving the email confirming that limits on media access would continue, Williams sent a <a href=\"https://drive.google.com/file/d/1XGTlA2MnkMh-vq14w7O5TG3aBl977-Kw/view\">letter</a> on Feb. 2 on behalf of the LCA calling on Assembly Speaker Carl Heastie to restore the pre-pandemic policies.</p><p data-block-key=\"eghgg\">“Decades of experience proved that order can be maintained in the chamber while Capitol reporters do their jobs of informing the public,” Williams wrote. “The Assembly now aims to bar the press in your name from anywhere except the back of the chamber and a few chairs in the well of the floor. Only favored reporters would be allowed anywhere behind the chamber. The LCA has voted to reject such conditions. We need more than that to do our jobs.”</p><p data-block-key=\"97o6i\">Williams confirmed to the Tracker on Feb. 9 that he had not received an official response to his letter.</p><p data-block-key=\"c0d3j\">Whyland, the press secretary, did not respond to requests for comment from the Tracker. He <a href=\"https://twitter.com/mwhyland/status/1622974518221492224\">wrote on Twitter</a> that press access to the Assembly is both the same as it was pre-pandemic and is the same as access to the Senate.</p><p data-block-key=\"bj1u2\">Reporter Keshia Clukey, an LCA member who has covered the statehouse for seven years, told the Tracker that press access has never been the same in both chambers due to differences in size and formality.</p><p data-block-key=\"1lm3l\">“The Senate and Assembly have always had very different rules. The Senate hasn’t been quite as accessible as the Assembly,” Clukey said. “But the Assembly has always been the ‘People’s House.’”</p><p data-block-key=\"7u1en\">She added that she’s particularly concerned about the strict access heading into the budgeting process in March, when many decisions are made behind the scenes.</p><p data-block-key=\"aqtlr\">“That lack of transparency in the budget process makes this fight to have the access that we've always had even more important,” Clukey said.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">Press access is so important, especially in Albany during budget season where negotiations and policymaking are already done behind closed doors. <br><br>Bring it back, please! <a href=\"https://t.co/xnxjToZVe1\">https://t.co/xnxjToZVe1</a></p>— Keshia Clukey (@KeshiaClukey) <a href=\"https://twitter.com/KeshiaClukey/status/1622975389223235584?ref_src=twsrc%5Etfw\">February 7, 2023</a></blockquote>\n<script async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\"></script>\n\n</div>\n\n</div>\n</div>\n<div class=\"block-rich_text\"><p data-block-key=\"oy3tn\">In early 2022, the Tracker reported how<a href=\"https://pressfreedomtracker.us/all-incidents/journalists-removed-from-iowa-senate-floor-overturning-a-century-old-practice/\"> Iowa</a>,<a href=\"https://pressfreedomtracker.us/all-incidents/journalists-moved-from-kansas-senate-floor-to-public-gallery-for-new-legislative-session/\"> Kansas</a> and<a href=\"https://pressfreedomtracker.us/all-incidents/utah-senate-becomes-third-state-legislature-this-year-to-limit-journalists-access/\"> Utah</a> senates enacted similar policies or changes to practice restricting reporter access. In January 2023, the <a href=\"https://pressfreedomtracker.us/all-incidents/texas-upholds-covid-era-policy-barring-reporters-from-senate-floor/\">Texas</a> Senate also confirmed that pandemic restrictions on the press would remain in place.</p></div>",
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{
"title": "Journalist subpoenaed by DC construction company after libel claims dismissed",
"url": "https://pressfreedomtracker.us/all-incidents/journalist-subpoenaed-by-dc-construction-company-after-libel-claims-dismissed/",
"first_published_at": "2023-05-12T13:06:33.843022Z",
"last_published_at": "2023-07-13T22:26:24.072956Z",
"latest_revision_created_at": "2023-07-13T22:26:23.957065Z",
"date": "2023-01-20",
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"city": "Washington",
"longitude": -77.03637,
"latitude": 38.89511,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"yv364\">Natalie Delgadillo, the managing editor of DCist, was issued a subpoena on Jan. 20, 2023, in connection with a protracted legal dispute involving a Washington, D.C.-based construction company. The subpoena was subsequently quashed and the company sanctioned by the court.</p><p data-block-key=\"clj3t\">The dispute began after the district’s attorney general filed a lawsuit against Precision Contracting Solutions, LLC, owner Derrick Sieber and his father, Stephen Sieber, in July 2019, alleging violations of consumer protection and construction codes. Delgadillo <a href=\"https://dcist.com/story/19/07/31/d-c-attorney-general-sues-home-contractor-over-shoddy-and-destructive-work/\">reported</a> on the suit and a press release from the attorney general, and subsequently updated the article with comments from the Siebers and a customer to whom Stephen Sieber had referred her.</p><p data-block-key=\"7ib7k\">According to a court filing from Delgadillo’s attorney, reviewed by the U.S. Press Freedom Tracker, Stephen Sieber began leaving “disturbing” voicemail messages for Delgadillo in January 2020. That March, the Siebers filed a defamation lawsuit against her and American University, which owns DCist through its NPR affiliate radio station WAMU. The Siebers attempted to force Delgadillo to testify in court multiple times throughout the defamation proceedings, but the judge consistently denied their requests.</p><p data-block-key=\"fvm33\">Though the judge dismissed the libel claims against Delgadillo and AU under the district’s Anti-SLAPP Act in June 2020, he reversed the decision on procedural grounds more than a year later in July 2021. The claims were again dismissed in February 2022, and later that year Delgadillo and AU were awarded nearly $116,000 in attorneys fees and costs.</p><p data-block-key=\"1ib57\">As the attorney general’s lawsuit against the company progressed, Precision Contracting Solutions indicated an interest in subpoenaing Delgadillo and other journalists at DCist multiple times in the fall of 2020, but did not do so until January 2023.</p><p data-block-key=\"c7bgl\">Stephen Sieber issued a subpoena to Delgadillo on Jan. 20, ordering her to appear to testify in May when the trial was scheduled to begin. Charles Tobin, an attorney representing the journalist, filed a motion to quash the subpoena on Feb. 16, arguing that the Siebers had harassed her and her colleagues for nearly three years.</p><p data-block-key=\"796cl\">Tobin also requested that the court issue sanctions against the Siebers and grant a protective order to prevent Delgadillo or any of her DCist colleagues from being forced to testify at the trial.</p><p data-block-key=\"5c5d9\">Superior Court Judge Juliet McKenna <a href=\"https://medialaw.org/wp-content/uploads/2023/05/05.03.23sieber.pdf\">granted</a> all three requests on March 30, ruling that Stephen Sieber had acted in bad faith and had been repeatedly instructed that any testimony from Delgadillo was protected under reporter’s privilege. On May 2, McKenna awarded Delgadillo more than $20,800 in attorneys fees and costs.</p><p data-block-key=\"lpq6\">Delgadillo, when contacted by the Tracker, said that she’s still not sure whether the years-long saga has truly ended, but otherwise declined to comment.</p></div>",
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"image_caption": "<p data-block-key=\"jbiua\">A portion of the subpoena issued to DCist Managing Editor Natalie Delgadillo on Jan. 20, 2023, by a construction company after she reported on a lawsuit against it. A judge quashed the subpoena and ordered sanctions against the company.</p>",
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"state": {
"name": "District of Columbia",
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"categories": [
"Subpoena/Legal Order"
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"Natalie Delgadillo (DCist)"
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"quashed"
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{
"title": "SC reporter arrested, banned from tribal lands",
"url": "https://pressfreedomtracker.us/all-incidents/sc-reporter-arrested-banned-from-tribal-lands/",
"first_published_at": "2023-01-19T15:41:37.800666Z",
"last_published_at": "2023-07-31T20:42:56.195050Z",
"latest_revision_created_at": "2023-07-31T20:42:56.073192Z",
"date": "2023-01-14",
"exact_date_unknown": false,
"city": "Rock Hill",
"longitude": -81.02508,
"latitude": 34.92487,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"wd2vz\">Post and Courier reporter Maggie Brown was arrested and charged with trespassing after being removed from a Catawba Nation general council meeting near Rock Hill, South Carolina, on Jan. 14, 2023.</p><p data-block-key=\"ckvvi\">The Post and Courier, which originally reported the arrest in a since-deleted article, wrote that Brown was in attendance to cover discussions around whether to cut ties with the operators of a Catawba-owned casino that is under federal scrutiny. That article is available for reference from an <a href=\"https://web.archive.org/web/20230115033242/https://www.postandcourier.com/news/post-and-courier-reporter-charged-with-trespassing-while-covering-catawba-nation-meeting/article_9e710eae-9473-11ed-86d0-d3f103e0676c.html\">internet archive</a>. Brown and Managing Editor Andy Shain declined to comment when reached by email.</p><p data-block-key=\"94tds\">Queen City News <a href=\"https://www.qcnews.com/news/u-s/york-county/reporter-removed-from-catawba-nation-meeting-cited-for-trespassing-sheriff/\">reported</a> that tribal administrators denied Brown’s request to attend the meeting — which was only open to tribal members and invited guests — in the days leading up to the event. The News reported that approximately 200 people were in attendance.</p><p data-block-key=\"6tmds\">The York County Sheriff’s Office told the outlet that a deputy gave Brown a citation for trespassing, a misdemeanor <a href=\"https://www.scstatehouse.gov/code/t16c011.php\">punishable</a> by up to 30 days in jail or a $200 fine, and released her. Brown left the Catawba reservation under a police escort.</p><p data-block-key=\"8kfjv\">The Catawba Nation condemned her actions in a <a href=\"https://twitter.com/officialcatawba/status/1614664932837949440\">statement</a> released on Twitter after the incident, referring to her as Maggie Brown Driggers. The statement said that she had flaunted tribal sovereignty and disrespected their boundaries.</p><p data-block-key=\"3q3hu\">“Catawba General Council meetings are gatherings of Catawba citizens to discuss, debate, and ultimately vote on issues facing the Nation,” the statement said. “We are a sovereign nation with the power to set boundaries and laws on our land to protect and serve our people. This includes restricting those who are allowed and not allowed in our meetings.”</p><p data-block-key=\"cgc06\">According to the statement, Brown has been banned from tribal lands.</p><p data-block-key=\"15ev3\">The York County Sheriff’s Office did not respond to a voicemail requesting further information.</p></div>",
"introduction": "",
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"arresting_authority": "York County Sheriff's Department",
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"name": "South Carolina",
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"(2023-07-17 16:31:00+00:00) Trespassing charge against reporter dropped"
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{
"title": "Texas judge vacates order limiting murder trial coverage",
"url": "https://pressfreedomtracker.us/all-incidents/texas-judge-vacates-order-limiting-murder-trial-coverage/",
"first_published_at": "2023-01-17T16:56:48.597929Z",
"last_published_at": "2023-01-17T16:56:48.597929Z",
"latest_revision_created_at": "2023-01-17T16:56:48.471282Z",
"date": "2023-01-09",
"exact_date_unknown": false,
"city": "Waco",
"longitude": -97.14667,
"latitude": 31.54933,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"0uwcn\">A judge in Waco, Texas, issued a sweeping gag order on Jan. 9, 2023, restricting media coverage ahead of a retrial in a murder case. The order was vacated two days later after attorneys for local broadcaster KWTX successfully argued that it amounted to an unconstitutional prior restraint, the outlet <a href=\"https://www.kwtx.com/2023/01/11/waco-judge-vacates-portion-gag-order-upcoming-retrial-ex-daycare-owner-charged-childs-overdose-death/?outputType=amp\">reported</a>.</p><p data-block-key=\"j97k\">Judge David Hodges’ order prohibited the press from reporting on basic facts about the case, including testimony or evidence from the initial trial in 2015, that it resulted in a conviction, the fact that the case was reversed or the reason behind the reversal. It also barred any reporting on any pretrial rulings in the case.</p><p data-block-key=\"bru49\">The case — which was set to begin on Jan. 9 — was postponed citing concerns that there would not be insufficient jurors from which to select a jury, according to KWTX.</p><p data-block-key=\"4jnfv\">The Waco Tribune-Herald <a href=\"https://wacotrib.com/news/local/crime-and-courts/mclennan-county-judge-backtracks-on-muzzling-press-in-fraser-murder-retrial/article_6b7c8af2-91c9-11ed-ad3f-5f5b399051ab.html\">reported</a> that the gag order forced it to hold its reporting on the postponement.</p><p data-block-key=\"5u8sm\">Attorneys for CBS-affiliate KWTX sent a three-page letter to the court arguing against the order the same day it was issued, according to the outlet. KWTX Vice President and General Manager Josh Young declined to comment when reached by email.</p><p data-block-key=\"carv\">Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, told the outlet that the order would have infringed on First Amendment rights and Hodges was right to lift the restrictions on the press.</p><p data-block-key=\"7avgh\">“Journalists have a right — and a duty — to cover what’s going on at the courthouse to keep the public informed,” Shannon said. “It’s understandable that the judge wants to ensure a fair trial and try to select a local jury, but attempting to restrain what the news media reports is not the answer.”</p></div>",
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"name": "Texas",
"abbreviation": "TX"
},
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"KWTX-TV",
"Media",
"Waco Tribune-Herald"
],
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{
"title": "Texas Senate extends barring reporters from floor",
"url": "https://pressfreedomtracker.us/all-incidents/texas-upholds-covid-era-policy-barring-reporters-from-senate-floor/",
"first_published_at": "2023-01-11T21:02:18.365294Z",
"last_published_at": "2023-12-20T20:42:20.289095Z",
"latest_revision_created_at": "2023-12-20T20:42:20.202123Z",
"date": "2023-01-06",
"exact_date_unknown": false,
"city": "Austin",
"longitude": -97.74306,
"latitude": 30.26715,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"vxbw7\">The Texas Senate secretary confirmed to a reporter that a COVID-19 policy implemented two years ago barring reporters from the chamber floor will continue into the new legislative session.</p><p data-block-key=\"24nub\">On Jan. 6, 2023, Dallas Morning News reporter Lauren McGaughy <a href=\"https://twitter.com/lmcgaughy/status/1611403879501168640\">tweeted</a> a portion of an email from Senate Secretary Patsy Spaw stating to her that the policy was still in effect.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">Member of the press will not be allowed onto the Texas Senate floor during the upcoming session, the secretary of the senate confirm to me. <br><br>The policy was implemented during COVID and is not being lifted even though most other pandemic restrictions are gone. <a href=\"https://twitter.com/hashtag/txlege?src=hash&ref_src=twsrc%5Etfw\">#txlege</a> <a href=\"https://t.co/Z9RLFCCc6P\">pic.twitter.com/Z9RLFCCc6P</a></p>— 🌟 Lauren McGaughy (@lmcgaughy) <a href=\"https://twitter.com/lmcgaughy/status/1611403879501168640?ref_src=twsrc%5Etfw\">January 6, 2023</a></blockquote>\n<script async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\"></script>\n\n</div>\n\n</div>\n</div>\n<div class=\"block-rich_text\"><p data-block-key=\"vxbw7\">“There is no floor seating for the press,” Spaw wrote. “The reserved area for the press was moved to the Senate Gallery in the southwest corner. The press is not restricted to that area, but may sit in any open seat in the gallery.”</p><p data-block-key=\"96nsc\">Spaw did not respond to a request for further comment from the U.S. Press Freedom Tracker.</p><p data-block-key=\"67rrj\">The <a href=\"https://www.texastribune.org/2023/01/06/texas-senate-reporters-banned/\">Texas Tribune</a> reported that media members were moved to the third floor of the Senate gallery in 2021 to prevent the spread of the COVID-19 virus, while senators occupied the second floor. Donnis Baggett, executive vice president of the Texas Press Association, told the Tracker via email that the decision to continue the policy was a disservice to both reporters and senators.</p><p data-block-key=\"f9u2g\">“Many legislative procedures were changed during the height of COVID restrictions, but most of those have been dissolved since. Unfortunately, this rule was left in place. The result: reporters are still restricted to the Senate gallery, which is a floor above the senators themselves. That works to the detriment of timely and mutually beneficial conversations between senators and reporters.”</p><p data-block-key=\"b4hrc\">Baggett said that he hopes Senate leadership will reconsider the decision for the benefit of voters.</p><p data-block-key=\"9ia83\">Press freedom advocacy groups said the <a href=\"https://twitter.com/pressfreedom/status/1612920680793755651\">decision was concerning</a>, and lacked sufficient explanation.</p><p data-block-key=\"4j2vm\">“The Texas Senate is not even claiming any legitimate justification to limit press access,” said Seth Stern, advocacy director for Freedom of the Press Foundation. “Officials hope that press restrictions will fly under the radar when they quietly make temporary COVID policies permanent. Hopefully Texas won’t fall for it.” FPF co-founded and maintains the Tracker.</p><p data-block-key=\"302dt\">In early 2022, the Tracker reported how <a href=\"https://pressfreedomtracker.us/all-incidents/journalists-removed-from-iowa-senate-floor-overturning-a-century-old-practice/\">Iowa</a>, <a href=\"https://pressfreedomtracker.us/all-incidents/journalists-moved-from-kansas-senate-floor-to-public-gallery-for-new-legislative-session/\">Kansas</a> and <a href=\"https://pressfreedomtracker.us/all-incidents/utah-senate-becomes-third-state-legislature-this-year-to-limit-journalists-access/\">Utah</a> senates enacted similar policies or changes to practice restricting reporter access.</p><p data-block-key=\"5kmcu\"><i>Editor's note: The article was updated to include comment from Texas Press Association Executive Vice President Donnis Baggett.</i></p></div>",
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"image_caption": "<p data-block-key=\"kkzmv\">The Texas state capitol building in downtown Austin.</p>",
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"Denial of Access"
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{
"title": "Bloomberg subpoenaed for reporter communications, quashed by judge",
"url": "https://pressfreedomtracker.us/all-incidents/bloomberg-subpoenaed-for-reporter-communications-quashed-by-judge/",
"first_published_at": "2023-09-21T18:43:34.303966Z",
"last_published_at": "2023-11-08T15:25:03.510707Z",
"latest_revision_created_at": "2023-11-08T15:25:03.388522Z",
"date": "2023-01-04",
"exact_date_unknown": false,
"city": "New York",
"longitude": -74.00597,
"latitude": 40.71427,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"9q728\">Bloomberg Television parent Bloomberg LP was issued a subpoena for communications between former anchor Stephanie Ruhle and Under Armour founder Kevin Plank on Jan. 4, 2023, as part of an ongoing lawsuit against the sportswear company. A judge quashed the subpoena more than six months later.</p><p data-block-key=\"c6uqi\">A shareholder suit alleged that Under Armour had artificially inflated its share price, costing a shareholder pension fund millions, <a href=\"https://www.foxnews.com/media/scottish-city-demands-msnbc-anchor-stephanie-ruhles-emails-with-under-armour-founder-legal-feud.amp\">according to Fox News</a>. Shareholders argued that Ruhle, now a host at MSNBC, advised Plank and did damage control for the company using her platform at Bloomberg Television.</p><p data-block-key=\"hct3\">Shareholders had <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.595712/gov.uscourts.nysd.595712.3.1.pdf\">subpoenaed</a> Bloomberg for Ruhle’s communications with Plank and others, as well as any emails sent or received by her concerning Under Armour. They then filed a <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.595712/gov.uscourts.nysd.595712.1.0.pdf\">motion</a> on March 15 to compel the media company to comply with the requests.</p><p data-block-key=\"7glvh\">Bloomberg argued, however, that shareholders’ allegations that the communications were not protected by reporter’s privilege because Ruhle’s journalistic independence was compromised were false and unfounded.</p><p data-block-key=\"co9c5\">Magistrate Judge Gabriel Gorenstein ruled in favor of Bloomberg, quashing the subpoena on Aug. 25. “The personal relationship between Ruhle and Plank did not mean that Ruhle was not acting as a journalist with respect to her dealings with Under Armour,” he wrote.</p><p data-block-key=\"9rud9\">According to <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nysd.595712/gov.uscourts.nysd.595712.27.0.pdf\">court filings</a> reviewed by the U.S. Press Freedom Tracker, Ruhle gave a deposition in the underlying suit in early 2023. The Tracker was unable to determine whether Ruhle was compelled or voluntarily gave testimony. But Gorenstein said no efforts were made to question Ruhle during her deposition about who she communicated with about Under Armour.</p><p data-block-key=\"ci546\">“We will thus not rely on speculation that documents may exist at Bloomberg to justify piercing the journalist privilege,” Gorenstein wrote.</p><p data-block-key=\"f6fog\">Ruhle did not respond to requests for comment.</p><p data-block-key=\"70u91\">In a <a href=\"https://puck.news/ruhles-of-the-game/\">statement to Puck</a>, a Bloomberg News spokesperson said: “The reporter’s privilege offers essential protections for all newsrooms. It allows journalists to engage in newsgathering without outside interference or pressure, and we think it’s worth fighting for.”</p><p data-block-key=\"7rq2n\">A Bloomberg spokesperson declined to comment further when reached by the Tracker.</p></div>",
"introduction": "",
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"image_caption": "<p data-block-key=\"781v9\">A portion of the Jan. 4, 2023, subpoena ordering media company Bloomberg to turn over communications between its former reporter Stephanie Ruhle and the founder of Under Armour and others as part of an ongoing lawsuit against the retailer.</p>",
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{
"title": "Penn. journalist ordered to destroy, unpublish copies of leaked report",
"url": "https://pressfreedomtracker.us/all-incidents/penn-journalist-ordered-to-destroy-unpublish-copies-of-leaked-report/",
"first_published_at": "2023-04-18T21:44:08.181833Z",
"last_published_at": "2023-07-13T22:27:07.949500Z",
"latest_revision_created_at": "2023-07-13T22:27:07.850297Z",
"date": "2022-12-15",
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"city": "Exeter Township",
"longitude": null,
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"body": "<div class=\"block-rich_text\"><p data-block-key=\"9wgte\">Pennsylvania journalist Jerry Geleff, host of The Exeter Underground podcast and publisher of The Exeter Examiner, was ordered on Dec. 15, 2022, to take down reporting on a leaked document and destroy copies of it.</p><p data-block-key=\"ca136\">In July 2022, Geleff filed a <a href=\"https://www.openrecords.pa.gov/RTKL/About.cfm\">public records request</a> for a report from an investigation into allegations of harassment against a Township Supervisor. His request and subsequent appeal were denied. During a Dec. 14 episode of the Underground, Geleff announced that he had obtained excerpts of the report and read sections aloud. He also published images of the first page and the last two pages on his local news website, the Examiner, which <a href=\"https://www.facebook.com/TheExeterExaminer/\">transitioned to Facebook-only</a> in early 2023.</p><p data-block-key=\"1u4tq\">According to court records reviewed by the Tracker, an attorney for the Township emailed Geleff on Dec. 15 at 10:45 a.m., threatening legal action against him unless he immediately agreed to return all physical or electronic copies of the report, and destroy copies and descriptions of it that had been published on his platforms. The attorney said he would bring a lawsuit against Geleff and his media companies, and had plans to present an <a href=\"https://www.rcfp.org/wp-content/uploads/2022/12/2022-12-15-Exeter-Township-v.-Geleff-Plaintiffs-emergency-motion-for-preliminary-injunction.pdf\">emergency motion for a preliminary injunction</a>, an order requiring Geleff to destroy and unpublish the report, to a judge at 1:30 p.m. that day.</p><p data-block-key=\"ebm5u\">Geleff told the U.S. Press Freedom Tracker that he replied he would not comply with the request.</p><p data-block-key=\"227l7\">The judge granted the Township’s motion at 2 p.m., and within two hours Geleff had removed the podcast and the article with images of the report.</p><p data-block-key=\"c5ekm\">“I had no time to get legal representation and how a judge allowed that to happen I can’t understand,” Geleff said.</p><p data-block-key=\"d6tu8\">That evening, Geleff posted on the Examiner’s Facebook page a link to an external website that published photos of the report. Within 15 minutes, he was contacted by the Township’s attorney who alleged posting the link violated the order. Geleff promptly removed that post and mentions of the website from his podcast.</p><p data-block-key=\"5b8a8\">Two days later, Geleff published an article (available through a <a href=\"https://web.archive.org/web/20221220060554/https://exeterexaminer.us/latest-news/f/exeter-township-is-suing-me-and-violating-all-of-our-rights\">web archive</a>) about the emergency order and the lawsuit against him, alleging that it was entirely retaliatory.</p><p data-block-key=\"a0vvf\">“This is nothing but retribution for a very vocal critic who has a media outlet and audience. They are attempting to silence any dissent of their plans. And they must be stopped,” Geleff wrote.</p><p data-block-key=\"9hv12\">On Dec. 23, an attorney for the Reporters Committee for Freedom of the Press filed a <a href=\"https://www.rcfp.org/wp-content/uploads/2022/12/2022-12-23-Exeter-Township-v.-Geleff-Brief-in-support-of-motion-to-dissolve-injunction.pdf\">motion to dissolve the restraint</a> on Geleff’s behalf. RCFP Local Legal Initiative Attorney Paula Knudsen Burke wrote that the prior restraint “flatly violates” the First Amendment and the state’s constitution.</p><p data-block-key=\"dv7ln\">That same day, the Township’s attorney filed a motion for Geleff to be held in contempt for the Facebook post linking to the external website, asking that the court fine Geleff and order him to pay the Township’s attorneys and court fees.</p><p data-block-key=\"3b080\">In its January 2023 filing of arguments against the lawsuit and the motion to hold Geleff in contempt, RCFP attorney Burke wrote that the Township was asking the court to further punish Geleff without cause.</p><p data-block-key=\"bfe18\">“This behavior would be troubling from a private litigant. From the Township, a local government seeking to punish one of its residents for speech on a matter of public interest, it shocks the conscience,” Burke wrote.</p><p data-block-key=\"f8aql\">On Jan. 10, the Township’s attorney withdrew the lawsuit with prejudice, meaning that it cannot be refiled at a later date. The preliminary injunction barring Geleff from publishing the report was also lifted.</p><p data-block-key=\"1469m\">Geleff republished his article and podcast episode that day, <a href=\"https://www.facebook.com/TheExeterExaminer/posts/pfbid02nce9WW5vb1YebvoUMqXdrnnyFGy68LMtSza4Daxd8NGGWDi9eVHRpnbuGyutgoZ7l?__cft__[0]=AZXmKCz4LCTPVn8mCxvZ6MSCbFb7ZUqOTVep0j_p2fLwzoZJ9w846BgDQcQ3ztl9CBw9fLH6Eo5KLRCSGCYFM9IsECKWbuct4dE2qqtKtz5TvyIn6vHhIqgq3ipkDiUPd8Dm4cX0NKrRdGM2m86Z2yBarS45unxUNnAeFs2cG1yfPlE6NFR7JVwh0LDX8z1FrO0&__tn__=%2CO%2CP-R\">writing</a> on the Examiner’s Facebook, “The cowardly Exeter Township Supervisors dropped their lawsuit against me, and I'm able to put this back up. The unconstitutional temporary injunction they were granted no longer applies.”</p><p data-block-key=\"9g20\">On its Facebook page, the Township <a href=\"https://www.facebook.com/ExeterTWP/posts/pfbid03CukdF8LBqf3LAzJrofXoc4vAdGQYNViJyz7jzP1QGZr1k5naezJK2gRCAeUt3t6l?__cft__[0]=AZX7FqZi-q8c1F572uBwwvSYbLCgXE9i7BOTGoHHJbEYX9JVB8NbD9NLarLa7ytLdvHVQyLS4K9MDgSLrFVMQDkBkZctkpY6W7ELy5lIJU7bllqJuqY_R1BtnheeKTbE7ZOyI42ZGBvd0Fb5kR7elRgGvZ6UkvTgzXG7ODEEJYFJVw&__tn__=%2CO%2CP-R\">acknowledged</a> that portions of the report had continued to be shared online and that continuing the lawsuit would only incur additional expenses for the taxpayers.</p></div>",
"introduction": "",
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"image_caption": "<p data-block-key=\"dxp7x\">A portion of the Dec. 15, 2022, order directing journalist Jerry Geleff to destroy all copies of a leaked report from Exeter Township, Pennsylvania, as well as all of his coverage of the report’s contents.</p>",
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"The Exeter Underground"
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"categories": [
"Prior Restraint"
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"Jerry Geleff (Jerry Geleff Media)"
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},
{
"title": "Colorado county settles lawsuit after denying outlet’s bid for legal notices",
"url": "https://pressfreedomtracker.us/all-incidents/colorado-county-settles-lawsuit-after-denying-outlets-bid-for-legal-notices/",
"first_published_at": "2023-07-12T19:32:45.891634Z",
"last_published_at": "2024-01-16T19:47:00.351800Z",
"latest_revision_created_at": "2024-01-16T19:47:00.230408Z",
"date": "2022-12-14",
"exact_date_unknown": false,
"city": "Westcliffe",
"longitude": -105.46584,
"latitude": 38.13472,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"s05ql\">Nearly a year after punitively denying the Wet Mountain Tribune a county contract, Colorado’s Custer County agreed on Dec. 14, 2022, to pay $50,000 to settle a First Amendment lawsuit.</p><p data-block-key=\"3rqo0\">The Tribune has been the county’s newspaper of record, bidding for — and winning — the right to publish the county’s legal notices since 1883, <a href=\"https://www.aspentimes.com/opinion/westcliffe-paper-sues-over-custer-county-steering-advertising-away-because-of-news-coverage/\">according to an op-ed</a> by owner and publisher Jordan Hedberg. The only exceptions were two years wherein it wasn’t the lowest bidder, he wrote, a precedent largely disregarded during the Board of County Commissioners’ Jan. 19 vote.</p><p data-block-key=\"5cc7\">In a <a href=\"https://www.youtube.com/watch?v=KW-4V1SxG-Y&t=7536s\">recording</a> of the public meeting, Commissioner Bill Canda made it clear his vote was based on his opinions of the Tribune’s reporting. “I don’t know why I would support a paper that doesn’t support the county,” Canda said.</p><p data-block-key=\"e91t0\">Commissioner Kevin Day expressed his agreement, describing the Tribune as “combative.” The lone dissenter, Commissioner Tom Flower, responded that only the cost and circulation should matter.</p><p data-block-key=\"f79gr\">“I don’t recall the Tribune in 2021 refusing to put any legal notices in his paper and that’s what we’re paying him for,” Flower said. “Whether we agree or disagree with editorials or not doesn’t factor into it. We’re paying a paper to print our legal notices and be the paper of record.”</p><p data-block-key=\"7vgd8\">Another outlet, the Sangre De Cristo Sentinel, was <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.cod.217645/gov.uscourts.cod.217645.1.8.pdf\">awarded the contract</a> with the county in a 2-1 vote. It has around half the circulation and bid more than twice what the Tribune did.</p><p data-block-key=\"cgnq2\">Hedberg filed a <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.cod.217645/gov.uscourts.cod.217645.1.0.pdf\">lawsuit</a> against Canda, Day and the Board of County Commissioners on Aug. 18, 2022, arguing that they had retaliated against the Tribune because of its critical reporting on the county government and an official.</p><p data-block-key=\"1hq4a\">Neither Hedberg nor the county commissioners responded to requests for comment from the U.S. Press Freedom Tracker.</p><p data-block-key=\"6nu4q\">“They can call me up and say, ‘Hey, we don’t like what you’ve done, we’re very upset with it,’ and that’s absolutely within their right,” Hedberg <a href=\"https://www.9news.com/article/news/local/next/next-with-kyle-clark/custer-county-paper-first-amendment-lawsuit-commissioners/73-84f100cd-e508-4061-a80c-25274426fff6\">told a local news station</a>. “But when they start using their power to attempt to punish and harm us, financially particularly in this case, then that crosses the line.”</p><p data-block-key=\"4g464\">Hedberg <a href=\"https://coloradomedia.substack.com/p/a-victory-for-wet-mountain-tribune\">told Inside the News in Colorado</a> in mid-December that the parties had reached a settlement agreement. In exchange for Hedberg dropping the suit, the county would pay the Tribune $50,000 and make it the newspaper of record for the next four years.</p><p data-block-key=\"b7nrt\">“I feel like the justice system upheld our First Amendment rights as newspapers in a pretty blatant case,” Hedberg said.</p><p data-block-key=\"f0k5g\">The case was formally dismissed on Dec. 28, according to <a href=\"https://www.courtlistener.com/docket/64907346/wet-mountain-publishing-company-v-canda/\">court records</a>.</p></div>",
"introduction": "",
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"image_caption": "<p data-block-key=\"0znpj\">Colorado’s Custer County commissioners denied a public notice contract to the Wet Mountain Tribune during a Jan. 19, 2022, public meeting, citing its reporting. The county later settled a First Amendment lawsuit with the Tribune.</p>",
"arresting_authority": null,
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"case_number": "1:22-cv-02121",
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"name": "Colorado",
"abbreviation": "CO"
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"updates": [],
"case_statuses": [
"settled"
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"categories": [
"Other Incident"
],
"targeted_journalists": [],
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},
{
"title": "FTC orders Twitter to disclose names of journalists",
"url": "https://pressfreedomtracker.us/all-incidents/ftc-orders-twitter-to-disclose-names-of-journalists/",
"first_published_at": "2023-03-23T23:38:50.129811Z",
"last_published_at": "2023-03-23T23:38:50.129811Z",
"latest_revision_created_at": "2023-03-23T23:38:50.036230Z",
"date": "2022-12-13",
"exact_date_unknown": false,
"city": "Washington",
"longitude": -77.03637,
"latitude": 38.89511,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"7tk9i\">As part of an ongoing investigation, the Federal Trade Commission asked Twitter to disclose the names of journalists who were provided access to some of the social media company’s internal communications, the Wall Street Journal <a href=\"https://www.wsj.com/amp/articles/twitter-investigation-ftc-musk-documents-db6b179e\">reported</a> in March 2023.</p><p data-block-key=\"a7bbu\">The company has been subject to a consent decree since 2011, following multiple user data breaches, and is required to regularly conduct security audits and inform the FTC how it is handling sensitive data. In May 2022, Twitter agreed to improve its privacy practices as part of a settlement with the agency. According to The New York Times, the commission <a href=\"https://www.nytimes.com/2023/03/07/technology/ftc-twitter-investigation-privacy.html\">intensified its investigation</a> into Twitter’s data and privacy practices following Elon Musk’s October 2022 takeover and subsequent mass reduction of the workforce.</p><p data-block-key=\"9nm6s\">On Dec. 13, the FTC sent a letter to Twitter questioning the decision to give journalists access to internal communications, which Musk dubbed the “Twitter Files.” The agency asked the social media giant to disclose the names of the journalists, to describe the “nature of access granted each person” and whether the information was disclosed in a way that “is consistent with your privacy and information security obligations under the Order.”</p><p data-block-key=\"3i7r0\">A select subcommittee of the House Judiciary Committee <a href=\"https://judiciary.house.gov/media/press-releases/weaponization-select-subcommittee-releases-staff-report-ftc-harassment-twitter\">released an interim report</a> on March 7, 2023, alleging that the FTC overstepped its authority and has been harassing the company.</p><p data-block-key=\"2ng6r\">“There is no logical reason, for example, why the FTC needs to know the identities of journalists engaging with Twitter,” the report said.</p><p data-block-key=\"b6lfi\">In a statement to the Times, an FTC spokesperson said that the agency is working to protect user privacy, particularly in the wake of mass layoffs and budget cuts.</p><p data-block-key=\"ep5a8\">“Protecting consumers’ privacy is exactly what the FTC is supposed to do,” Douglas Farrar said. “It should come as no surprise that career staff at the commission are conducting a rigorous investigation into Twitter’s compliance with a consent order that came into effect long before Mr. Musk purchased the company.”</p><p data-block-key=\"agalm\">The Freedom of the Press Foundation, which manages the day-to-day operations of the U.S. Press Freedom Tracker, <a href=\"https://freedom.press/news/ftc-overreaches-by-demanding-twitter-identify-journalists/\">decried</a> the request for journalists’ names as an alarming step toward government surveillance.</p><p data-block-key=\"emmce\">“Anyone who cares about the free press should be concerned by the FTC’s demand that Twitter identify journalists who have received information that might embarrass the administration, regardless of what they think of Elon Musk or Twitter,” Advocacy Director Seth Stern said in a statement. “The FTC should not have to violate the privacy of journalists to protect the privacy of Twitter users.”</p><p data-block-key=\"aahib\">Twitter, which has laid off its communications staff, responded to a request for comment with an auto-response of a poop emoji.</p></div>",
"introduction": "",
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"primary_video": null,
"image_caption": "<p data-block-key=\"xs7zp\">The Federal Trade Commission asked Twitter in Dec. 2022 to disclose the names of journalists given access to internal company files, the so-called “Twitter Files.”</p>",
"arresting_authority": null,
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"Media"
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},
{
"title": "Tennessee photographer pushed, camera grabbed by businessman",
"url": "https://pressfreedomtracker.us/all-incidents/tennessee-photographer-pushed-camera-grabbed-by-businessman/",
"first_published_at": "2024-11-07T21:31:12.847883Z",
"last_published_at": "2024-11-07T21:31:12.847883Z",
"latest_revision_created_at": "2024-11-07T21:29:24.505332Z",
"date": "2022-12-09",
"exact_date_unknown": false,
"city": "Ashland City",
"longitude": -87.06417,
"latitude": 36.27422,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"ygtda\">An unidentified photographer for WSMV-TV was pushed by a man that the news crew for the station was attempting to interview in Ashland City, Tennessee, on Dec. 9, 2022.</p><p data-block-key=\"ack2\">Reporter Tosin Fakile <a href=\"https://x.com/TosinfaksTV/status/1601278243071414272\">posted on social media</a> about the incident with footage of what followed, writing, “This was after this man pushed my photographer and his camera after I had asked him to do an interview because we are doing a story about his business.”</p><p data-block-key=\"2id9m\">In her footage, the photojournalist can be heard telling the man, “Let go of my camera,” to which the man, who can be seen with his hand on the device, responds “Please leave.”</p><p data-block-key=\"1hbbf\">A woman then asks Fakile why she is filming, to which the reporter responds, “Why is he touching my photographer’s camera?” The woman then accuses the journalists of trespassing and tells them to leave. The unidentified couple ultimately get back into their vehicle and speed away.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">PEOPLE DO NOT EVER LAY HANDS ON TV REPORTERS AND PHOTOGRAPHERS… EVER‼️<br><br>This was after this man pushed my photographer and his camera after I had asked him to do an interview because we are doing a story about his business. <a href=\"https://twitter.com/WSMV?ref_src=twsrc%5Etfw\">@WSMV</a> <a href=\"https://t.co/LF76gnjzko\">pic.twitter.com/LF76gnjzko</a></p>— Tosin Fakile (@TosinfaksTV) <a href=\"https://twitter.com/TosinfaksTV/status/1601278243071414272?ref_src=twsrc%5Etfw\">December 9, 2022</a></blockquote>\n<script async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\"></script>\n\n\n</div>\n\n</div>\n</div>\n<div class=\"block-rich_text\"><p data-block-key=\"ygtda\">Fakile <a href=\"https://x.com/TosinfaksTV/status/1601293464360345600\">posted</a> again afterwards that the businessman later sent one of his employees to speak with the news crew.</p><p data-block-key=\"f3rj4\">“I don’t appreciate what this man just did. That is rude. That is disrespectful. You cannot lay hands on people or their property,” Fakile tells the employee. “I’ve tweeted that video, it’s out in the public. He’s going to have to be responsible for his actions. Now unless you or him will get in front of my camera and talk about what exactly you guys do here and break it down so people have your side, or you send me a statement, there is no further conversation to be had.”</p><p data-block-key=\"4cu3q\">Fakile did not respond to requests for comment.</p></div>",
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"name": "Tennessee",
"abbreviation": "TN"
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"categories": [
"Assault"
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],
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},
{
"title": "Financial reporter subpoenaed for testimony in securities fraud case",
"url": "https://pressfreedomtracker.us/all-incidents/financial-reporter-subpoenaed-for-testimony-in-securities-fraud-case/",
"first_published_at": "2025-02-14T21:19:58.733925Z",
"last_published_at": "2025-02-14T21:19:58.733925Z",
"latest_revision_created_at": "2025-02-14T21:19:58.648138Z",
"date": "2022-11-30",
"exact_date_unknown": false,
"city": "San Francisco",
"longitude": -122.41942,
"latitude": 37.77493,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"qispx\">Roddy Boyd, editor and founder of the investigative reporting outlet Foundation for Financial Journalism, was subpoenaed for testimony in connection with a California securities fraud lawsuit on Nov. 30, 2022, according to court records reviewed by the U.S. Press Freedom Tracker.</p><p data-block-key=\"455d1\">Boyd moved to quash the subpoena on Jan. 17, 2023, and it was withdrawn and the case dismissed in February 2023 as part of settlement negotiations in the underlying fraud case.</p><p data-block-key=\"5dkpj\">In January 2019, Boyd published an <a href=\"https://ffj-online.org/2019/01/25/corcept-therapeutics-the-company-that-perfectly-explains-the-health-care-crisis/\">article</a> through his Southern Investigative Reporting Foundation — later <a href=\"https://www.linkedin.com/company/foundation-for-financial-journalism/\">renamed</a> the Foundation for Financial Journalism — alleging that pharmaceutical company Corcept Therapeutics paid doctors to prescribe its drug Korlym for off-label uses.</p><p data-block-key=\"1jn1l\">The revelations in Boyd’s article led to a decline in Corcept’s share price, company shareholders alleged in a securities fraud class-action <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.cand.339504/gov.uscourts.cand.339504.1.0.pdf\">suit</a> filed two months later against the company and its top executives in the U.S. District Court for the Northern District of California.</p><p data-block-key=\"bi414\">As part of its defense, Corcept issued the November 2022 order for Boyd’s testimony about documents that were sought in two <a href=\"https://pressfreedomtracker.us/all-incidents/investigative-outlet-subpoenaed-for-documents-in-securities-fraud-case/\">separate</a> <a href=\"https://pressfreedomtracker.us/all-incidents/reporter-subpoenaed-for-documents-in-securities-fraud-case/\">subpoenas</a> sent to the reporter and the investigative reporting outlet. Those legal orders directed Boyd and the outlet to turn over a wide range of materials related to his newsgathering activities, his finances and those of his outlet, and any disciplinary actions against him.</p><p data-block-key=\"6dtf1\">The motion to set aside the deposition subpoena, filed in the U.S. District Court for the Southern District of Florida, argued that the information the defendants asked for was irrelevant to the lawsuit and protected by the First Amendment and the <a href=\"https://www.rcfp.org/introduction-to-the-reporters-privilege-compendium/\">reporter’s privilege</a>.</p><p data-block-key=\"6vgp1\">It also asserted that all parties to the suit agreed that his article relied entirely on publicly available information, and so the subpoena was merely “a transparent attempt to use the discovery process to chill Mr. Boyd’s speech.”</p><p data-block-key=\"56pqn\">On Feb. 13, Boyd <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.flsd.626927/gov.uscourts.flsd.626927.11.0.pdf\">withdrew</a> his motion after Corcept dropped the deposition subpoena. U.S. District Judge Rodolfo Ruiz then <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.flsd.626927/gov.uscourts.flsd.626927.12.0.pdf\">dismissed</a> the case Feb. 15.</p><p data-block-key=\"3s35d\">Boyd told the Tracker in an email that the subpoenas “were designed to harass an established, credible, non-profit news organization.”</p><p data-block-key=\"cv8g7\">He also noted that legal actions or threats against small media outlets triggered a requirement to notify their insurer. “This places the press organization in a much higher risk cohort,” Boyd added, “guaranteeing their premiums and deductibles rise the following year.”</p></div>",
"introduction": "",
"teaser": "",
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"image_caption": "<p data-block-key=\"vjm7f\">A portion of a Nov. 30, 2022, subpoena issued to investigative reporter Roddy Boyd seeking testimony in a California securities fraud lawsuit. The subpoena was withdrawn in February 2023.</p>",
"arresting_authority": null,
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"legal_order_venue": "Federal",
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"state": {
"name": "California",
"abbreviation": "CA"
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"categories": [
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},
{
"title": "WSJ reporter detained outside Phoenix bank",
"url": "https://pressfreedomtracker.us/all-incidents/wsj-reporter-detained-outside-phoenix-bank/",
"first_published_at": "2023-01-05T21:39:55.971219Z",
"last_published_at": "2024-03-10T23:06:23.300428Z",
"latest_revision_created_at": "2024-03-10T23:06:23.210897Z",
"date": "2022-11-23",
"exact_date_unknown": false,
"city": "Phoenix",
"longitude": -112.07404,
"latitude": 33.44838,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"0945w\">Wall Street Journal reporter Dion Rabouin was detained on alleged trespassing charges while reporting outside of a bank in Phoenix, Arizona, on Nov. 23, 2022.</p><p data-block-key=\"7lke4\">ABC15 Arizona <a href=\"https://www.abc15.com/news/local-news/investigations/phoenix-pd-handcuffed-detained-wall-street-journal-reporter\">reported</a> that Rabouin, who’s based in New York, had traveled to Arizona to visit family during the Thanksgiving holiday. He told the outlet he went to a Chase branch in north Phoenix to interview customers for an ongoing story about savings accounts.</p><p data-block-key=\"1he13\">Rabouin, who declined to comment further, said he was standing on a sidewalk outside the building when a pair of employees asked him what he was doing. According to a <a href=\"https://ewscripps.brightspotcdn.com/be/dc/6211f3bd4e63a889fb991f89d8e8/police-report.pdf\">police report</a> about the incident, bank employees called the Phoenix Police Department to report a suspicious person at approximately 2:45 p.m. and an officer arrived 20 minutes later. The report claims Rabouin told the employees he was a reporter conducting interviews and refused to leave, and that when the officer asked Rabouin to produce his identification, he refused.</p><p data-block-key=\"r1rg\">Rabouin refuted that account in an interview with ABC15. The reporter said that he had told the branch employees that he was there working on a story and at no time did the bank ask him to leave. When the officer arrived at the scene, he identified himself as a reporter for the Journal.</p><p data-block-key=\"88lcd\">When the officer told him he was trespassing, Rabouin said that he was unaware it was private property and attempted to leave, but was physically blocked from doing so.</p><p data-block-key=\"9tpbv\">Rabouin told ABC15 the officer started grabbing his arms and when he drew back, the officer said, “This could get bad for you if you don’t comply and don’t do what I say.”</p><p data-block-key=\"8tid2\">The reporter was then placed in handcuffs. According to ABC15, a bystander saw the situation unfolding and began recording the detainment on her cellphone. The station aired the footage she captured.</p><p data-block-key=\"fi\">“I heard him say he was going to leave,” the woman says in the recording. “This is ridiculous. He’s a reporter.”</p><p data-block-key=\"3t890\">In the footage, the officer led Rabouin to his police car and attempted to place him in the back, but the reporter refused to place his feet inside to allow the officer to close the door. The two talked for several minutes until additional officers arrived, and approximately 15 minutes after he was initially detained, Rabouin was released.</p><p data-block-key=\"dlmek\">According to the police report, the officer informed Rabouin that he was “officially trespassed from the property” and that if he returned he would be arrested and charged.</p><p data-block-key=\"ennj2\">Rabouin told ABC15 that he filed an internal complaint with the Phoenix Police Department in the days that followed. About a week later, he received a call notifying him that it had reviewed the incident and found no wrongdoing.</p><p data-block-key=\"ahcpk\">In a <a href=\"https://ewscripps.brightspotcdn.com/62/ec/ee6846be4414b56951b8b51fe45b/letter-to-phoenix-police-department-from-matt-murray-2.pdf\">letter</a> shared with the U.S. Press Freedom Tracker by the Journal, Editor-in-Chief Matt Murray called on Chief of Police Michael Sullivan in early December to conduct an internal review.</p><p data-block-key=\"2kr3d\">“I am appalled and concerned that officers at your department would attempt to interfere with Mr. Rabouin’s constitutional right to engage in journalism and purport to limit anyone’s presence in a public location,” Murray wrote. “The Journal and Mr. Rabouin are still determining what further action to take in response to his detention by your officers.”</p><p data-block-key=\"a3n0d\">When reached for comment by the Tracker via email in January 2023, PhxPD spokesperson Sgt. Melissa Soliz acknowledged the letter and said the department had opened an investigation.</p><p data-block-key=\"344vk\">“This letter was shared with our Professional Standard Bureau for review and they are conducting an administrative investigation. Once the administrative investigation is complete, it will be made available as part of a public records request,” Soliz said.</p><p data-block-key=\"7dm0m\">The Committee to Protect Journalists, a founding partner of the Tracker, condemned Rabouin’s detainment and echoed calls for an internal investigation to ensure that no other journalists are hampered or harassed by police in the course of their work.</p><p data-block-key=\"2ff9h\">“Detaining and handcuffing a journalist — who was gathering news in a public place — is a flagrant violation of his First Amendment rights,” said CPJ U.S. and Canada Program Coordinator Katherine Jacobsen.</p><p data-block-key=\"a90qj\">The police department is facing ongoing scrutiny from the Department of Justice, which <a href=\"https://www.justice.gov/opa/pr/justice-department-announces-investigation-city-phoenix-and-phoenix-police-department\">announced</a> in August 2021 that it would be assessing, among other things, whether PhxPD officers retaliate against people engaging in activities protected by the First Amendment or carry out discriminatory policing.</p><p data-block-key=\"2m9f9\">Rabouin told ABC15 that while he as a journalist does not want to be the story, it’s important to share his experience.</p><p data-block-key=\"2b1jr\">“This is a department that’s under DOJ investigation for excessive force, under investigation for the way they operate and handle business, and despite that, they continue to operate this way,” Rabouin said.</p></div>",
"introduction": "",
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},
{
"title": "Documentary filmmaker subpoenaed again in DOJ Capitol riots investigation",
"url": "https://pressfreedomtracker.us/all-incidents/documentary-filmmaker-subpoenaed-again-in-doj-capitol-riots-investigation/",
"first_published_at": "2022-12-12T16:07:02.529626Z",
"last_published_at": "2024-11-25T16:27:19.418359Z",
"latest_revision_created_at": "2024-11-25T16:27:19.325861Z",
"date": "2022-11-18",
"exact_date_unknown": false,
"city": "Washington",
"longitude": -77.03637,
"latitude": 38.89511,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"dmqm5\">The Department of Justice subpoenaed documentary filmmaker Alex Holder on Nov. 18, 2022, as part of an investigation related to the Jan. 6, attack on the U.S. Capitol in Washington, D.C.</p><p data-block-key=\"ad23d\">Holder was filming that day at the Capitol for his documentary film “Unprecedented,” of then-President Donald Trump’s 2020 reelection campaign. In the <a href=\"https://www.politico.com/f/?id=00000184-cc4b-da2c-a3af-ff6f84c30000&nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000014e-f0ef-dd93-ad7f-f8ef97380000&nlid=630318\">subpoena</a>, first obtained by Politico, federal prosecutors demanded that Holder testify before a grand jury or turn over all raw footage by the end of November. According to Politico, Holder <a href=\"https://www.politico.com/newsletters/playbook/2022/12/01/dems-in-disarray-makes-a-brief-comeback-00071567\">received an extension</a> and now has until Jan. 30, 2023, to comply with the order.</p><p data-block-key=\"bak4v\">Holder’s spokesperson did not provide comment by publication, but <a href=\"https://thehill.com/policy/national-security/3757857-doj-subpoenas-filmmaker-for-jan-6-footage/\">told The Hill</a> that the filmmaker would cooperate with the latest DOJ order.</p><p data-block-key=\"cej0r\">“As we did with the other two subpoenas, we will 100 percent comply,” Holder’s spokesperson said.</p><p data-block-key=\"8u64\">Holder previously complied with a <a href=\"https://pressfreedomtracker.us/all-incidents/documentarian-subpoenaed-by-house-committee-investigating-jan-6-riot/\">June 2022 subpoena</a> from the House Committee investigating the Capitol attacks to produce footage from his documentary, including filmed interviews with Trump, his children and former Vice President Mike Pence. In July, Holder appeared before <a href=\"/all-incidents/documentarian-subpoenaed-in-georgia-election-fraud-investigation/\">a special grand jury in Georgia</a> after the Fulton District Attorney subpoenaed him <a href=\"https://www.politico.com/f/?id=00000181-abf6-d618-a99d-ebf73a1a0000\">for footage related to the documentary</a> as part of an investigation into election fraud during the 2020 election.</p></div>",
"introduction": "",
"teaser": "",
"teaser_image": "https://media.pressfreedomtracker.us/media/images/Screen_Shot_2022-12-12_at_9.54.06.2e16d0ba.fill-1330x880.png",
"primary_video": null,
"image_caption": "<p data-block-key=\"d9kvj\">A portion of the subpoena issued to filmmaker Alex Holder on Nov. 18, 2022, seeking testimony and raw footage gathered during the Capitol riots on Jan. 6, for his documentary “Unprecedented."<br/></p>",
"arresting_authority": null,
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"subpoena_type": "other testimony",
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"state": {
"name": "District of Columbia",
"abbreviation": "DC"
},
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"targeted_institutions": [],
"tags": [
"Department of Justice",
"election",
"Election 2020",
"white nationalism"
],
"politicians_or_public_figures_involved": [],
"authors": [],
"categories": [
"Subpoena/Legal Order"
],
"targeted_journalists": [
"Alex Holder (AJH Media Group)"
],
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"pending"
],
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},
{
"title": "Armed man enters New York Times building, requests to speak with reporter",
"url": "https://pressfreedomtracker.us/all-incidents/man-with-sword-ax-enters-times-building-requests-to-speak-with-reporter/",
"first_published_at": "2022-11-22T17:45:37.591568Z",
"last_published_at": "2024-02-29T19:09:47.718860Z",
"latest_revision_created_at": "2024-02-29T19:09:47.648088Z",
"date": "2022-11-17",
"exact_date_unknown": false,
"city": "New York",
"longitude": -74.00597,
"latitude": 40.71427,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"9ok97\">A man with a sword and an ax entered the New York Times building in Manhattan on Nov. 17, 2022, authorities said.</p><p data-block-key=\"52t5r\"><a href=\"https://apnews.com/article/new-york-manhattan-5a8650b2c857867af5f23fc14e165efb\">According to The Associated Press</a>, New York Police Department officers responded to a call about a man with a knife in the Times’ lobby shortly after noon. Danielle Rhoades Ha, the head of external communications for the Times, told the U.S. Press Freedom Tracker that the man asked to speak with “a reporter” at the front desk, but didn’t specify a particular reporter, desk or beat.</p><p data-block-key=\"cjs24\">When building security barred the individual from entering, he calmly handed over the weapons and waited for police to arrive, the AP reported.</p><p data-block-key=\"1rbj7\">The man also had a bag containing a small folding knife and mace canister, <a href=\"https://nypost.com/2022/11/17/knife-wielding-man-entered-new-york-times-building/\">according to The New York Post</a>. The unidentified man was taken to a local hospital for evaluation.</p><p data-block-key=\"bp3hu\">Rhoades Ha told the Tracker that the incident was resolved quickly and peacefully.</p><p data-block-key=\"cm69k\">The NYPD did not respond to requests for further comment.</p></div>",
"introduction": "",
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"assailant": null,
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"charged_under_espionage_act": false,
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"status_of_prior_restraint": null,
"mistakenly_released_materials": false,
"links": [],
"equipment_seized": [],
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"state": {
"name": "New York",
"abbreviation": "NY"
},
"updates": [],
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"workers_whose_communications_were_obtained": [],
"target_nationality": [],
"targeted_institutions": [
"The New York Times"
],
"tags": [],
"politicians_or_public_figures_involved": [],
"authors": [],
"categories": [
"Other Incident"
],
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"type_of_denial": []
},
{
"title": "‘Confidentiality order’ sent to California news outlet attempts to stop newsgathering",
"url": "https://pressfreedomtracker.us/all-incidents/confidentiality-order-sent-to-california-news-outlet-attempts-to-stop-newsgathering/",
"first_published_at": "2022-12-08T19:51:18.467824Z",
"last_published_at": "2023-05-01T18:51:09.851491Z",
"latest_revision_created_at": "2023-05-01T18:51:09.774738Z",
"date": "2022-11-16",
"exact_date_unknown": false,
"city": "Contra Costa",
"longitude": null,
"latitude": null,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"wh8la\">A California judge <a href=\"https://twitter.com/NateGartrell/status/1592987270394499072\">granted a motion</a> on Nov. 16, 2022, seeking to prohibit reporters from contacting people who filed letters of support for a Contra Costa middle school teacher accused of sexual abuse.</p><p data-block-key=\"cs8d0\">East Bay Times reporter Rachel Heimann Mercader told the U.S. Press Freedom Tracker she and a colleague attended a bail hearing in October for the teacher, who was arrested the month before <a href=\"https://www.nbcbayarea.com/news/local/east-bay/east-bay-teacher-sexual-misconduct/3009552/\">for sexual misconduct with a minor</a>.</p><p data-block-key=\"4qitu\">During the hearing, Public Defender Manisha Daryani submitted 16 letters of support from the teacher’s students, their parents and his family members.</p><p data-block-key=\"ccsd0\">Mercader said she received a copy of the public motion, which had the letters attached, from the clerk’s office after the hearing. “Each letter included the person’s name and email and phone number,” she said.</p><p data-block-key=\"ebrai\">As Mercader began contacting the letter writers, she received a call from Daryani who accused her of attempting to influence witnesses and the outcome of the case. Both Mercader and an East Bay Times editor, also contacted by Daryani, refused the requests to stop contacting the supporters.</p><p data-block-key=\"flden\">“To be clear, none of these letter writers are considered witnesses at this point, and all I am asking them is if they would like to speak with me about their letters,” Mercader said.</p><p data-block-key=\"6rb5i\">On Nov. 16, without a hearing or notice to the journalists, the California judge signed and entered the public defender’s motion requesting that “further unwanted contact by the press be ceased.”</p><p data-block-key=\"d9c44\">The order, which included <a href=\"https://twitter.com/racheyy_marie/status/1593484984198737920\">an instruction</a> for the parties to “advise those individuals to whom disclosure of the contact information has been made,” was sent to the East Bay Times by Daryani.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\"><a href=\"https://twitter.com/hashtag/NEW?src=hash&ref_src=twsrc%5Etfw\">#NEW</a>: The lawyer for a cheerleading coach accused of child molestation has filed a motion for a protective order to keep the media from contacting his supporters, whose contact info we got from public records filed by the same attorney: <a href=\"https://t.co/F3W8PzBeGB\">pic.twitter.com/F3W8PzBeGB</a></p>— Nate Gartrell (@NateGartrell) <a href=\"https://twitter.com/NateGartrell/status/1592987270394499072?ref_src=twsrc%5Etfw\">November 16, 2022</a></blockquote>\n<script async src=\"https://platform.twitter.com/widgets.js\" charset=\"utf-8\"></script>\n\n</div>\n\n</div>\n</div>\n<div class=\"block-rich_text\"><p data-block-key=\"wh8la\">Freedom of the Press Foundation’s Advocacy Director Seth Stern <a href=\"https://freedom.press/news/california-judge-buries-censorship-order-in-the-fine-print/\">wrote</a> that what seems like an innocuous “confidentiality order” is effectively a prior restraint that attempts to restrict future speech.</p><p data-block-key=\"dfdhb\">“It is elementary that a court cannot tell non-parties what to do especially without notice or a hearing, but the apparent intention was to intimidate the press into compliance despite the order’s invalidity under the First Amendment,” Stern said.</p><p data-block-key=\"2mtrj\">FPF oversees the U.S. Press Freedom Tracker.</p><p data-block-key=\"588sf\">Attorney Duffy Carolan, who represents the East Bay Times, told the Tracker the outlet did not believe the protective order applied to its reporters and would not alter their newsgathering practices.</p><p data-block-key=\"oug0\">“None were named in the order or even had notice of the motion or an opportunity to be heard on the matter,” Carolan said.</p><p data-block-key=\"ek5tf\">Public Defender Daryani did not respond to requests for comment from the Tracker.</p></div>",
"introduction": "",
"teaser": "",
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"third_party_business": null,
"legal_order_venue": null,
"status_of_prior_restraint": "ignored",
"mistakenly_released_materials": false,
"links": [],
"equipment_seized": [],
"equipment_broken": [],
"state": {
"name": "California",
"abbreviation": "CA"
},
"updates": [],
"case_statuses": [],
"workers_whose_communications_were_obtained": [],
"target_nationality": [],
"targeted_institutions": [
"East Bay Times"
],
"tags": [],
"politicians_or_public_figures_involved": [],
"authors": [],
"categories": [
"Prior Restraint"
],
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},
{
"title": "Reporter subpoenaed for documents in securities fraud case",
"url": "https://pressfreedomtracker.us/all-incidents/reporter-subpoenaed-for-documents-in-securities-fraud-case/",
"first_published_at": "2025-02-14T21:13:47.989816Z",
"last_published_at": "2025-02-14T21:21:29.497038Z",
"latest_revision_created_at": "2025-02-14T21:21:29.387023Z",
"date": "2022-11-16",
"exact_date_unknown": false,
"city": "San Francisco",
"longitude": -122.41942,
"latitude": 37.77493,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"d9y98\">Roddy Boyd, editor and founder of the investigative reporting outlet Foundation for Financial Journalism, was ordered to turn over documents on Nov. 16, 2022, in connection with a California securities fraud lawsuit, according to court records reviewed by the U.S. Press Freedom Tracker.</p><p data-block-key=\"8unau\">The case was ultimately dismissed in February 2023 as part of settlement negotiations in the underlying fraud case.</p><p data-block-key=\"4h986\">In January 2019, Boyd published an <a href=\"https://ffj-online.org/2019/01/25/corcept-therapeutics-the-company-that-perfectly-explains-the-health-care-crisis/\">article</a> through his Southern Investigative Reporting Foundation — <a href=\"https://www.linkedin.com/company/foundation-for-financial-journalism/\">renamed</a> the Foundation for Financial Journalism in 2020 — alleging that pharmaceutical company Corcept Therapeutics paid doctors to prescribe its drug Korlym for off-label uses.</p><p data-block-key=\"eq6u0\">The revelations in Boyd’s article led to a decline in Corcept’s share price, company shareholders alleged in a securities fraud class-action <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.cand.339504/gov.uscourts.cand.339504.1.0.pdf\">suit</a> filed two months later against the company and its top executives in the U.S. District Court for the Northern District of California.</p><p data-block-key=\"aj89a\">As part of its defense, Corcept issued the November 2022 order to Boyd, commanding him to turn over a wide range of materials related to his newsgathering activities, his finances and those of his outlet, and any disciplinary actions against him. The subpoena demanded production of the documents by Dec. 12, 2022.</p><p data-block-key=\"5sr96\">A <a href=\"https://pressfreedomtracker.us/all-incidents/investigative-outlet-subpoenaed-for-documents-in-securities-fraud-case/\">separate subpoena</a> to the Foundation for Financial Journalism on Oct. 27, 2022, asked the outlet to turn over similar information.</p><p data-block-key=\"13tmq\">Corcept also issued a Nov. 30, 2022, order seeking Boyd’s <a href=\"https://pressfreedomtracker.us/all-incidents/financial-reporter-subpoenaed-for-testimony-in-securities-fraud-case/\">testimony</a> about topics listed in the two document subpoenas. Boyd filed a motion to quash that subpoena on Jan. 17, 2023, in the U.S. District Court for the Southern District of Florida, arguing that the information the defendants asked for was irrelevant to the lawsuit and protected by the First Amendment and the <a href=\"https://www.rcfp.org/introduction-to-the-reporters-privilege-compendium/\">reporter’s privilege</a>.</p><p data-block-key=\"7tsnv\">The motion to quash asserted that all parties to the suit agree that his article relied entirely on publicly available information, and that the subpoenas were merely “a transparent attempt to use the discovery process to chill Mr. Boyd’s speech.”</p><p data-block-key=\"1njil\">It also argued that the document subpoenas “make clear that Defendants do not know what they are looking for; rather, they are hoping to find something relevant to their case, while at the same time chilling journalists and others from further examination of Corcept’s business practices.”</p><p data-block-key=\"f8gbh\">On Feb. 13, Boyd <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.flsd.626927/gov.uscourts.flsd.626927.11.0.pdf\">withdrew</a> his motion after Corcept dropped the deposition subpoena. U.S. District Judge Rodolfo Ruiz then <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.flsd.626927/gov.uscourts.flsd.626927.12.0.pdf\">dismissed</a> the case Feb. 15.</p><p data-block-key=\"54g9u\">Boyd told the Tracker in an email that the subpoenas “were designed to harass an established, credible, non-profit news organization.”</p><p data-block-key=\"1nnuk\">He also noted that legal actions or threats against small media outlets triggered a requirement to notify their insurer. “This places the press organization in a much higher risk cohort,” Boyd added, “guaranteeing their premiums and deductibles rise the following year.”</p></div>",
"introduction": "",
"teaser": "",
"teaser_image": "https://media.pressfreedomtracker.us/media/images/Boyd_Corcept_docs.2e16d0ba.fill-1330x880.png",
"primary_video": null,
"image_caption": "<p data-block-key=\"20smj\">A portion of a subpoena issued on Nov. 16, 2022, to investigative journalist Roddy Boyd commanding him to turn over documents in a California securities fraud lawsuit. The case was dismissed in February 2023.</p>",
"arresting_authority": null,
"arrest_status": null,
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"legal_order_venue": "Federal",
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"state": {
"name": "California",
"abbreviation": "CA"
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"categories": [
"Subpoena/Legal Order"
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"Roddy Boyd (Foundation for Financial Journalism)"
],
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},
{
"title": "Memphis news photographer, reporter robbed at gunpoint blocks from studio",
"url": "https://pressfreedomtracker.us/all-incidents/memphis-news-photographer-reporter-robbed-at-gunpoint-blocks-from-studio/",
"first_published_at": "2022-11-21T14:44:19.023475Z",
"last_published_at": "2023-11-01T14:10:18.278902Z",
"latest_revision_created_at": "2023-11-01T14:10:18.167917Z",
"date": "2022-11-10",
"exact_date_unknown": false,
"city": "Memphis",
"longitude": -90.04898,
"latitude": 35.14953,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"zkkxz\">FOX13 reporter Jeremy Pierre and an unidentified news photographer were robbed at gunpoint half a mile from the station’s studio on Nov. 10, 2022.</p><p data-block-key=\"ekon\">Pierre <a href=\"https://www.facebook.com/jeremypierrefox/posts/pfbid02CfApNSABBVi5MEAU5bdaXVUk6tGQjycpBVD67FTxdFLnR3W6WLCmYcQbd7fHBmJ4l\">posted on Facebook</a> shortly after 7 a.m. that the crew was robbed at the intersection of Poplar Avenue and Highland Street.</p><p data-block-key=\"e2kcm\">“You know I’ve had my fair share of stories but DAMN!” Pierre wrote. “One of the dudes even showed me the gun in his waistband.”</p><p data-block-key=\"1q6q5\">According to the post, the thieves took the crew’s camera, tripod and LiveU equipment used to broadcast footage.</p><p data-block-key=\"9u4n8\">Pierre did not respond to a request for comment or to confirm the identity of the photojournalist with him. The U.S. Press Freedom Tracker has documented Pierre’s assault <a href=\"/all-incidents/memphis-broadcast-reporter-robbed-at-gunpoint-blocks-from-studio/\">here</a>.</p><p data-block-key=\"3g61m\">FOX13 declined to comment when reached for comment. The Memphis Police Department did not respond to a request for additional information.</p></div>",
"introduction": "",
"teaser": "",
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"is_search_warrant_obtained": false,
"actor": "private individual",
"border_point": null,
"target_us_citizenship_status": null,
"denial_of_entry": false,
"stopped_previously": false,
"did_authorities_ask_for_device_access": null,
"did_authorities_ask_about_work": null,
"assailant": "private individual",
"was_journalist_targeted": "yes",
"charged_under_espionage_act": false,
"subpoena_type": null,
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"mistakenly_released_materials": false,
"links": [],
"equipment_seized": [],
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{
"quantity": 1,
"equipment": "camera"
},
{
"quantity": 1,
"equipment": "camera equipment"
},
{
"quantity": 1,
"equipment": "live unit"
}
],
"state": {
"name": "Tennessee",
"abbreviation": "TN"
},
"updates": [],
"case_statuses": [],
"workers_whose_communications_were_obtained": [],
"target_nationality": [],
"targeted_institutions": [],
"tags": [
"robbery"
],
"politicians_or_public_figures_involved": [],
"authors": [],
"categories": [
"Assault",
"Equipment Damage"
],
"targeted_journalists": [
"Unidentified photojournalist 27 (WHBQ-TV)"
],
"subpoena_statuses": [],
"type_of_denial": null
},
{
"title": "Memphis broadcaster robbed at gunpoint blocks from studio",
"url": "https://pressfreedomtracker.us/all-incidents/memphis-broadcast-reporter-robbed-at-gunpoint-blocks-from-studio/",
"first_published_at": "2022-11-21T14:46:28.902544Z",
"last_published_at": "2022-11-30T16:35:25.562537Z",
"latest_revision_created_at": "2022-11-30T16:35:25.486163Z",
"date": "2022-11-10",
"exact_date_unknown": false,
"city": "Memphis",
"longitude": -90.04898,
"latitude": 35.14953,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"u4t3q\">FOX13 reporter Jeremy Pierre and a news photographer were robbed at gunpoint half a mile from the station’s studio on Nov. 10, 2022.</p><p data-block-key=\"cpj61\">Pierre <a href=\"https://www.facebook.com/jeremypierrefox/posts/pfbid02CfApNSABBVi5MEAU5bdaXVUk6tGQjycpBVD67FTxdFLnR3W6WLCmYcQbd7fHBmJ4l\">posted on Facebook</a> shortly after 7 a.m. that the crew was robbed at the intersection of Poplar Avenue and Highland Street.</p><p data-block-key=\"7s1sa\">“You know I’ve had my fair share of stories but DAMN!” Pierre wrote. “One of the dudes even showed me the gun in his waistband.”</p><p data-block-key=\"e374b\">Pierre did not respond to a request for comment or to confirm the identity of the photojournalist with him. FOX13 declined to comment when reached for comment.</p><p data-block-key=\"dktn1\">According to the post, the thieves took the crew’s camera, tripod and LiveU equipment used to broadcast footage. The U.S. Press Freedom Tracker has documented the assault of the photographer and equipment theft <a href=\"https://pressfreedomtracker.us/all-incidents/memphis-news-photographer-reporter-robbed-at-gunpoint-blocks-from-studio/\">here</a>.</p><p data-block-key=\"114ad\">The Memphis Police Department did not respond to a request for additional information.</p></div>",
"introduction": "",
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"robbery"
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"Assault"
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"Jeremy Pierre (WHBQ-TV)"
],
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},
{
"title": "Ohio editor charged with wiretapping after publishing obtained court recording",
"url": "https://pressfreedomtracker.us/all-incidents/ohio-editor-charged-with-wiretapping-after-publishing-obtained-court-recording/",
"first_published_at": "2022-11-08T21:27:20.582038Z",
"last_published_at": "2024-08-12T19:38:13.520375Z",
"latest_revision_created_at": "2024-08-12T19:38:13.407023Z",
"date": "2022-10-31",
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"city": "Waverly",
"longitude": -82.98546,
"latitude": 39.12673,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"3dagt\">Scioto Valley Guardian Editor-in-Chief Derek Myers was charged with felony wiretapping on Oct. 31, 2022, after publishing a recording of witness testimony from an ongoing trial in Waverly, Ohio.</p><p data-block-key=\"21tb1\">Myers told the U.S. Press Freedom Tracker he has been covering the murder trial of George Wagner IV, which began in September. As part of that coverage, the newspaper was using a laptop to livestream witness testimony and exhibits. Judge Randy Deering issued an order before the trial began allowing anyone testifying in the case to “opt out” of being filmed by the media. The Fourth District Court of Appeals <a href=\"https://sciotovalleyguardian.com/2022/10/25/media-wins-temproary-order-in-wagner-trial-again/\">issued an emergency order</a> overruling him partway through the testimony of Wagner’s brother, Jake, who was indicted alongside Wagner and their parents for the 2016 killings of eight members of the Rhoden family.</p><p data-block-key=\"acfc0\">The court ordered that media be allowed to film unless Deering was able to show cause that it could jeopardize the fairness of the trial. Deering ruled that if Jake were to appear on camera he might be “nervous” and untruthful, again barring media from recording video or audio of him.</p><p data-block-key=\"dvko5\">Myers told the Tracker that he was out of the country when Jake took the stand, but that someone in the courtroom surreptitiously recorded his testimony and provided it to the Guardian. After deliberation, Myers published a <a href=\"https://sciotovalleyguardian.com/2022/10/28/exclusive-listen-to-jake-wagner-describe-how-he-killed-the-rhoden-family/\">condensed version of the audio</a> on Oct. 28.</p><p data-block-key=\"867tg\">According to files reviewed by the Tracker, Judge Anthony Moraleja approved a search warrant that day for a Guardian laptop being used to livestream the trial. The Tracker documented the laptop seizure and the illegal seizure of Myers’ cellphone <a href=\"https://pressfreedomtracker.us/all-incidents/editors-laptop-cellphone-seized-following-publication-of-courtroom-recording/\">here</a>.</p><p data-block-key=\"9n7d4\">The Pike County Sheriff’s Office subsequently charged Myers with interception of wire, electronic or oral communications, a fourth degree felony. According to court records, he was charged under <a href=\"https://codes.ohio.gov/ohio-revised-code/section-2933.52\">Ohio Revised Code Section 2933.52 (A)(3)</a>, which forbids the use of a recording that one knows or has reason to believe was illegally obtained.</p><p data-block-key=\"a1l91\">Myers turned himself into custody on Nov. 1 and was released after paying a $20,000 bond. He told the Tracker that he pleaded not guilty at a hearing the following day. He also waived his right to a preliminary hearing, where evidence is presented before a judge who decides whether the case should advance to trial. Instead, his case will be heard by a grand jury, which will determine whether to indict him on the charges.</p><p data-block-key=\"8rpou\">When reached for comment, the Pike County Prosecutor’s Office told the Tracker that the next grand jury session is scheduled to begin in February 2023, when the new prosecutor takes office.</p><p data-block-key=\"e9thi\">One of Myers’ attorneys, John Greiner, highlighted the Supreme Court ruling in <a href=\"https://www.mtsu.edu/first-amendment/article/575/bartnicki-v-vopper\">Bartnicki v. Vopper</a>, which ruled that the media cannot be held liable for publishing information that was obtained illegally by a source.</p><p data-block-key=\"75q5l\">The Committee to Protect Journalists, a founding partner of the Tracker, condemned the equipment seizure and the charges against Myers in a <a href=\"https://cpj.org/2022/11/cpj-alarmed-by-wiretapping-charges-against-ohio-newspaper-editor/\">statement</a>.</p><p data-block-key=\"78fjl\">“The incompetency of local law enforcement to abide by basic legal proceedings would be comical if it were not so concerning,” said CPJ U.S. and Canada Program Coordinator Katherine Jacobsen. “Not only have Pike County authorities confiscated journalist Derek Myers’ cellphone and the Scioto Valley Guardian’s laptop without presenting a valid warrant, but they have also lobbed wiretapping charges against Myers for keeping the community informed about an ongoing murder trial. Retaliating against a news outlet, especially a small local publication, for doing their jobs in matters of public interest is completely unacceptable.”</p><p data-block-key=\"478r4\">Myers told the Tracker he hasn’t been able to cover the trial since his arrest.</p><p data-block-key=\"18n3h\">“I tasked myself with covering this eight-week trial and I should be there covering it, but I can’t because I don’t have the equipment,” Myers said. “And, frankly, I don’t feel safe in that courthouse. If I take another cellphone down there they’ll probably seize that too.”</p></div>",
"introduction": "",
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"teaser_image": "https://media.pressfreedomtracker.us/media/images/Myers3.2e16d0ba.fill-1330x880.png",
"primary_video": null,
"image_caption": "<p data-block-key=\"vtosv\">Scioto Valley Guardian Editor-in-Chief Derek Myers was charged with felony wiretapping on Oct. 31, 2022, after publishing an obtained recording of testimony from an ongoing murder trial in Waverly, Ohio.</p>",
"arresting_authority": "Pike County Sheriff's Office",
"arrest_status": "arrested and released",
"release_date": null,
"detention_date": "2022-11-01",
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"case_number": "2:23-cv-04102",
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"legal_order_venue": "State",
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"state": {
"name": "Ohio",
"abbreviation": "OH"
},
"updates": [
"(2023-08-14 13:11:00+00:00) Wiretapping charge against Ohio editor dropped after more than nine months",
"(2023-12-14 00:00:00+00:00) Ohio journalist sues for constitutional violations during courthouse arrest"
],
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"ongoing"
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},
{
"title": "Editor’s laptop, cellphone seized following publication of courtroom recording",
"url": "https://pressfreedomtracker.us/all-incidents/editors-laptop-cellphone-seized-following-publication-of-courtroom-recording/",
"first_published_at": "2022-11-08T20:51:03.315316Z",
"last_published_at": "2025-02-05T19:55:31.537336Z",
"latest_revision_created_at": "2025-02-05T19:55:31.266169Z",
"date": "2022-10-28",
"exact_date_unknown": false,
"city": "Waverly",
"longitude": -82.98546,
"latitude": 39.12673,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"ro9gy\">An Ohio judge authorized the search and seizure of a laptop belonging to the Scioto Valley Guardian on Oct. 28, 2022. An officer with the Pike County Sheriff’s Office also seized the cellphone of the outlet’s top editor — without a warrant — a few days later.</p><p data-block-key=\"e1706\">Guardian Editor-in-Chief Derek Myers told the U.S. Press Freedom Tracker he has been covering the ongoing murder trial of George Wagner IV, which began in September. As part of that coverage, the newspaper was using a laptop to livestream witness testimony and exhibits. Judge Randy Deering issued an order before the trial began allowing anyone testifying in the case to “opt out” of being filmed by the media. The Fourth District Court of Appeals <a href=\"https://sciotovalleyguardian.com/2022/10/25/media-wins-temproary-order-in-wagner-trial-again/\">issued an emergency order</a> overruling him partway through the testimony of Wagner’s brother, Jake, who was indicted alongside Wagner and their parents for the 2016 killings of eight members of the Rhoden family.</p><p data-block-key=\"f540\">The court ordered that media be allowed to film unless Deering was able to show cause that it could jeopardize the fairness of the trial. Deering ruled that if Jake were to appear on camera he might be “nervous” and untruthful, again barring media from recording video or audio of him.</p><p data-block-key=\"bfid0\">Myers told the Tracker that he was out of the country when Jake took the stand, but that someone in the courtroom surreptitiously recorded his testimony and provided it to the Guardian. After deliberation, Myers said he elected to move forward with publishing a <a href=\"https://sciotovalleyguardian.com/2022/10/28/exclusive-listen-to-jake-wagner-describe-how-he-killed-the-rhoden-family/\">condensed version of the audio</a> on Oct. 28.</p><p data-block-key=\"bt687\">According to files reviewed by the Tracker, county court Judge Anthony Moraleja approved a search warrant for the Guardian laptop that same day, authorizing the search of the MacBook Pro and any computer software or communications contained on its hard drive. Myers told the Tracker someone from the court then seized the laptop, causing the outlet’s livestream to go down.</p><p data-block-key=\"52a\">One of Myers’ attorneys, Greg Barwell, sent a letter on Oct. 31 asking the sheriff, prosecutor and the court to return the equipment, as the Guardian had not been presented with a subpoena or search warrant.</p><p data-block-key=\"5ghii\">Myers went to the Pike County Courthouse on Nov. 2 to ask for the return of the laptop in person, as he still believed it had been seized by someone from the court. Unbeknownst to the Guardian, the laptop had been taken into custody by the sheriff’s office the previous day.</p><p data-block-key=\"eug4l\">Myers told the Tracker that when he passed through the metal detector, a captain from the sheriff’s department told him he would have to take his cellphone back outside. He responded that he wouldn’t be going into the courtroom — where cellphones and laptops are prohibited — but would be remaining on the first floor.</p><p data-block-key=\"aaog\">Myers said the officer then kept his cellphone, claiming, “On second thought, I think I have a search warrant for that.”</p><p data-block-key=\"5u35j\">The officer also told Myers that they had a search warrant for the laptop. The item seizure report reviewed by the Tracker has “Black I-Phone” written below the MacBook, confirming that it was seized at 10:29 a.m. on Nov. 2.</p><p data-block-key=\"39a8l\">One of Myers’ attorneys, John Greiner, told the Tracker that the seizure of the devices likely violated Ohio’s shield law and the federal Privacy Protection Act, which prohibits searching or seizing journalistic work products with few exceptions.</p><p data-block-key=\"4jhj2\">In connection with the publication of the testimony recording, Myers was charged with intercepting wire, oral or electronic communications — a fourth degree felony — on Oct. 31. The Tracker has documented those charges <a href=\"/all-incidents/ohio-editor-charged-with-wiretapping-after-publishing-obtained-court-recording/\">here</a>.</p><p data-block-key=\"e23eq\">The Committee to Protect Journalists, a founding partner of the Tracker, condemned the equipment seizure and the charges against Myers in a <a href=\"https://cpj.org/2022/11/cpj-alarmed-by-wiretapping-charges-against-ohio-newspaper-editor/\">statement</a>.</p><p data-block-key=\"82itq\">“The incompetency of local law enforcement to abide by basic legal proceedings would be comical if it were not so concerning,” said CPJ U.S. and Canada Program Coordinator Katherine Jacobsen. “Not only have Pike County authorities confiscated journalist Derek Myers’ cellphone and the Scioto Valley Guardian’s laptop without presenting a valid warrant, but they have also lobbed wiretapping charges against Myers for keeping the community informed about an ongoing murder trial. Retaliating against a news outlet, especially a small local publication, for doing their jobs in matters of public interest is completely unacceptable.”</p><p data-block-key=\"4gavo\">Myers told the Tracker that he was able to regain control over his cellphone number on Nov. 4, but having the devices returned remains his and his attorneys’ first priority. He said he was extremely concerned about the potential search of the devices as they contain sensitive work product and source communications</p><p data-block-key=\"9ed0j\">“I can’t effectively do my job because I’m so focused and scared and worried about all these other people and their livelihoods are now on the line,” Myers said. “And I can’t cover the trial because I don’t have the equipment.”</p></div>",
"introduction": "",
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"image_caption": "<p data-block-key=\"mlj5w\">On Oct. 28, 2022, an Ohio judge authorized the search and seizure of a Scioto Valley Guardian laptop, shown here in a screenshot from the search warrant, that the outlet was using to livestream a Waverly murder trial.</p>",
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{
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{
"quantity": 1,
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],
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"state": {
"name": "Ohio",
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"(2024-02-14 00:00:00+00:00) Files deleted from editor’s murder trial laptop",
"(2023-12-14 00:00:00+00:00) Ohio journalist sues for constitutional violations during courthouse equipment seizure"
],
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],
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],
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},
{
"title": "Investigative outlet subpoenaed for documents in securities fraud case",
"url": "https://pressfreedomtracker.us/all-incidents/investigative-outlet-subpoenaed-for-documents-in-securities-fraud-case/",
"first_published_at": "2025-02-14T21:07:56.140819Z",
"last_published_at": "2025-02-14T21:07:56.140819Z",
"latest_revision_created_at": "2025-02-14T21:07:56.052768Z",
"date": "2022-10-27",
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"city": "San Francisco",
"longitude": -122.41942,
"latitude": 37.77493,
"body": "<div class=\"block-rich_text\"><p data-block-key=\"0x5dz\">Investigative reporting outlet Foundation for Financial Journalism was subpoenaed to turn over documents on Oct. 27, 2022, in connection with a California securities fraud lawsuit, according to court records reviewed by the U.S. Press Freedom Tracker.</p><p data-block-key=\"3640p\">The case was ultimately dismissed in February 2023 as part of settlement negotiations in the underlying fraud case.</p><p data-block-key=\"a4aaf\">In January 2019, founder and editor Roddy Boyd published an <a href=\"https://ffj-online.org/2019/01/25/corcept-therapeutics-the-company-that-perfectly-explains-the-health-care-crisis/\">article</a> through his Southern Investigative Reporting Foundation — <a href=\"https://www.linkedin.com/company/foundation-for-financial-journalism/\">renamed</a> the Foundation for Financial Journalism in 2020 — alleging that pharmaceutical company Corcept Therapeutics paid doctors to prescribe its drug Korlym for off-label uses.</p><p data-block-key=\"4keq9\">The revelations in Boyd’s article led to a decline in Corcept’s share price, company shareholders alleged in a securities fraud class-action <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.cand.339504/gov.uscourts.cand.339504.1.0.pdf\">suit</a> filed two months later against the company and its top executives in the U.S. District Court for the Northern District of California.</p><p data-block-key=\"c8pu1\">As part of its defense, Corcept subpoenaed the outlet in October 2022 — and Boyd on Nov. 16, 2022 — commanding the journalist to turn over a wide range of materials related to his newsgathering activities, his finances and those of his outlet, and any disciplinary actions against him. The outlet’s subpoena demanded production of the documents by Nov. 25, 2022.</p><p data-block-key=\"8nlkv\">Corcept also issued a Nov. 30, 2022, order seeking Boyd’s testimony about topics listed in the two document subpoenas. Boyd filed a motion to quash that subpoena on Jan. 17, 2023, in the U.S. District Court for the Southern District of Florida, arguing that the information the defendants asked for was irrelevant to the lawsuit and protected by the First Amendment and the <a href=\"https://www.rcfp.org/introduction-to-the-reporters-privilege-compendium/\">reporter’s privilege</a>.</p><p data-block-key=\"2b6fo\">The motion to quash asserted that all parties to the suit agree that his article relied entirely on publicly available information, and that the subpoenas were merely “a transparent attempt to use the discovery process to chill Mr. Boyd’s speech.”</p><p data-block-key=\"9j181\">It also argued that the document subpoenas “make clear that Defendants do not know what they are looking for; rather, they are hoping to find something relevant to their case, while at the same time chilling journalists and others from further examination of Corcept’s business practices.”</p><p data-block-key=\"42jek\">On Feb. 13, Boyd <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.flsd.626927/gov.uscourts.flsd.626927.11.0.pdf\">withdrew</a> his motion after Corcept dropped the deposition subpoena. U.S. District Judge Rodolfo Ruiz then <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.flsd.626927/gov.uscourts.flsd.626927.12.0.pdf\">dismissed</a> the case Feb. 15.</p><p data-block-key=\"72hgg\">Boyd told the Tracker in an email that the subpoenas “were designed to harass an established, credible, non-profit news organization.”</p><p data-block-key=\"b3d9i\">He also noted that legal actions or threats against small media outlets triggered a requirement to notify their insurer. “This places the press organization in a much higher risk cohort,” Boyd added, “guaranteeing their premiums and deductibles rise the following year.”</p></div>",
"introduction": "",
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"image_caption": "<p data-block-key=\"3kdyt\">A portion of a subpoena issued to investigative outlet Foundation for Financial Journalism on Oct. 27, 2022, commanding it to turn over documents in a California securities fraud lawsuit. The case was dismissed in February 2023.</p>",
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"legal_order_venue": "Federal",
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"state": {
"name": "California",
"abbreviation": "CA"
},
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"Foundation for Financial Journalism"
],
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}
]
