first_published_at,last_published_at,title,slug,latest_revision_created_at,charges,legal_orders,updates,categories,links,equipment_seized,equipment_broken,targeted_journalists,authors,date,exact_date_unknown,city,state,latitude,longitude,body,introduction,teaser,teaser_image,primary_video,image_caption,arrest_status,arresting_authority,release_date,detention_date,unnecessary_use_of_force,case_number,case_statuses,case_type,status_of_seized_equipment,is_search_warrant_obtained,actor,border_point,target_us_citizenship_status,denial_of_entry,stopped_previously,did_authorities_ask_for_device_access,did_authorities_ask_about_work,assailant,was_journalist_targeted,charged_under_espionage_act,subpoena_type,subpoena_statuses,name_of_business,third_party_business,legal_order_target,legal_order_type,legal_order_venue,status_of_prior_restraint,mistakenly_released_materials,type_of_denial,targeted_institutions,tags,target_nationality,workers_whose_communications_were_obtained,politicians_or_public_figures_involved 2022-09-07 19:07:07.904675+00:00,2023-06-29 16:20:50.491186+00:00,Former BuzzFeed reporter ordered to submit documents in lawsuit against Kevin Spacey,https://pressfreedomtracker.us/all-incidents/former-buzzfeed-reporter-ordered-to-submit-documents-in-lawsuit-against-kevin-spacey/,2023-06-29 16:20:50.387797+00:00,,LegalOrder object (165),,Subpoena/Legal Order,,,,Adam Vary (BuzzFeed News),,2021-12-06,False,New York,New York (NY),None,None,"
Former BuzzFeed News reporter Adam B. Vary was subpoenaed for documents and materials on Dec. 6, 2021, as part of an ongoing civil lawsuit against actor Kevin Spacey. On Aug. 9, 2022, a district judge granted a motion to compel Vary to partially comply with the order.
According to a September 2020 civil complaint, Anthony Rapp was a 14-year-old actor in a Broadway play in 1986 when Spacey befriended him and invited him to a party at his New York City apartment, where Rapp claims Spacey sexually abused him.
Rapp approached journalist Vary, who was also a long-time friend, in 2017 about his claims against Spacey. Vary then wrote an article about the allegations published by BuzzFeed in late October 2017.
Vary complied with a Nov. 4, 2021 subpoena requesting a deposition, which the U.S. Press Freedom Tracker documented here. He objected to the second subpoena, which requested documents, on the grounds that the materials were protected under shield law and reporter’s privilege. Vary was reissued an identical subpoena on Dec. 29, 2021.
Spacey’s attorney filed a motion on Feb. 9, 2022, to compel the journalist to provide additional testimony and submit his unpublished reporting materials.
According to documents reviewed by the Tracker, Vary was ordered to submit the withheld materials for an “in-camera” inspection on June 7 in a judge’s chambers to determine which documents were privileged and which were not.
Vary submitted five USB sticks containing various documents, a copy of an opposition declaration, a log of confidential source information, a record of attorney-client communications and a transmittal letter of all materials submitted for inspection, according to court documents.
New York District Judge Lewis Kaplan ruled on Aug. 9 that Vary would have about a week to turn over documents that were not deemed confidential, including communications between him and Rapp before 2017, and any communications Vary had with a production company regarding a documentary on Spacey. Kaplan also ordered Vary to sit for an additional deposition on or before Sept. 9, 2022, requiring him to answer all questions he initially refused to answer during his first deposition as well as answer further questions about the newly produced documents.
Jean-Paul Jassy, Vary’s lawyer, told the Tracker in a statement that he was pleased the ruling protected Vary’s confidential reporting.
“The Court correctly concluded that Adam B. Vary acted as a professional journalist should. The Court denied most of Spacey's motion. Although we don't agree with all aspects of the Court's order, we appreciate that the Court rejected nearly all of what Spacey's attorneys requested, and the Court did not order the disclosure of any privileged material. Mr. Vary fully protected his confidential sources,” Jassy said.
Former BuzzFeed News reporter Adam B. Vary was subpoenaed for testimony on Nov. 4, 2021, as part of an ongoing civil lawsuit filed against the actor Kevin Spacey. On Aug. 9, 2022, a district judge granted a motion to compel Vary to partially comply with the order.
According to a September 2020 civil complaint, Anthony Rapp was a 14-year-old actor in a Broadway play in 1986 when Spacey befriended him and invited him to a party at his New York City apartment, where Rapp claims Spacey sexually abused him.
Rapp approached journalist Vary, who was also a long-time friend, in 2017 about his claims against Spacey. Vary then wrote an article about the allegations published by BuzzFeed in late October 2017.
According to court documents reviewed by the U.S. Press Freedom Tracker, Vary was issued two subpoenas by Spacey’s attorneys during the course of discovery. In this first subpoena, issued on Nov. 4, 2021, Vary was ordered to sit for a deposition. While he complied with the order the following month, Vary refused to answer questions about the BuzzFeed article or any unpublished materials he gathered in the course of reporting.
Spacey’s attorneys issued a second subpoena in December 2021, requesting Vary provide documents, including copies of confidential communications and reporting materials. The Tracker documented that subpoena here. In February 2022, Spacey’s attorneys filed a motion to compel Vary to sit for an additional deposition after his refusal to answer questions about the article during the first deposition.
New York District Judge Lewis Kaplan ruled on Aug. 9, 2022, that while Vary does not have to produce privileged materials, he must sit for a supplementary deposition on or before Sept. 9 to answer all questions he had refused to answer during his first deposition as well as questions about the newly produced documents.
The U.S. Immigration and Customs Enforcement agency said on Dec. 9, 2020, that it would not enforce a subpoena issued to BuzzFeed News the previous week. ICE’s subpoena had sought information BuzzFeed gathered in reporting a story on deportation policy.
BuzzFeed’s article, published on Oct. 7, divulged the contents of emails and a memo about ICE plans to implement a Trump administration policy significantly expanding fast-track deportations of undocumented immigrants. The expanded deportation policy was initially blocked in 2019 by a federal judge, but that judge’s injunction was lifted by the U.S. Court of Appeals for the District of Columbia Circuit in June 2020, allowing ICE to begin implementing the wider fast-track deportation program.
BuzzFeed publicly reported on the subpoena, issued Dec. 1, and said it sought information about emails the news organization obtained that had been sent to ICE attorneys. The subpoena demanded BuzzFeed “provide all documentation including, but not limited to: (1) date of receipt, (2) method of receipt, (3) source of document, and (4) contact information for the source of the document.” The subpoena ordered the information be turned over by Dec. 22, 2020, and requested that BuzzFeed not disclose the issuance of the subpoena.
In the article on the subpoena, BuzzFeed News Editor-in-Chief Mark Schoofs said, "BuzzFeed News emphatically rejects any requests for information about possible sources and methods of our reporting.”
On Dec. 9, BuzzFeed reported that ICE would not be enforcing the subpoena.
ICE also issued a statement saying, “In response to the summons, the media outlet subsequently declined to provide details regarding the sources of the unauthorized disclosure of law enforcement sensitive information. At this time, ICE will not enforce the summons and will pursue the investigation through other channels.”
Rosalind Adams, an investigative reporter for BuzzFeed News, said she was grabbed and shoved by law enforcement officers while covering protests in Manhattan on June 4, 2020.
Protests in New York and across the United States were in response to police brutality and in support of the Black Lives Matter movement following a viral video that showed a white police officer kneeling on the neck of George Floyd, a Black man, during an arrest in Minneapolis, Minnesota, on May 25. Floyd was pronounced dead at a local hospital.
Adams had spent much of the afternoon of June 4 posting on her Twitter feed as she covered a memorial for Floyd in Cadman Plaza in the Brooklyn borough of the city. She followed attendees as they marched across the Brooklyn Bridge into the Manhattan borough of the city. Later that evening, about half an hour before the city’s 8 p.m. curfew, according to her feed, she’d joined up with a group of protesters walking west on 48th Street.
About an hour past curfew, Adams reported, the group was a couple hundred strong and had been very peaceful for much of the evening.
But at about 10:15 p.m., as the group reached the intersection of 5th Avenue and East 59th Street, Adams told the U.S. Press Freedom Tracker in an interview that she saw police moving in from the east and west, kettling the crowd. Kettling is a tactical maneuver used by law enforcement to hem in protesters.
“It happened so quickly, I didn’t even see where the cops came from,” she said.
Adams tweeted that officers “rushed the intersection” and began to make arrests.
Adams said she took out her phone to film an arrest, telling the Tracker that that’s when an officer grabbed her arm, shoving her back. “I’m press, I’m press!” Adams said she yelled as she continued to film.
I was filming this arrest w my phone and cops grabbed me on my arm and pushed me back w batons. You can see officer’s baton in the video coming at me over and over again “you don’t need to push me I’m press” I’m yelling #nycprotest pic.twitter.com/2jZscvnqPt
— Rosalind Adams (@RosalindZAdams) June 5, 2020
Adams said officers kept pushing her. One used his baton to block her arm and pushed her chest, she said. “He must have hit my arms, and pushed me around the shoulders,” she said.
She walked backward, keeping an eye out. She said that’s when another officer grabbed her phone and pushed her. Then, several more police grabbed her.
Adams said the police tried to push all the journalists to the sidewalk, with one telling her, “You’re in the arrest area!”
She said another officer yelled, “If you don’t have a press card, we will collar you!” Adams had her BuzzFeed ID, but no New York Police Department-issued credentials.
According to NY1, more than 200 people across the city were taken into custody that evening.
The New York Police Department did not return phone or email requests for comment.
The U.S. Press Freedom Tracker is documenting several hundred incidents of journalists assaulted, arrested, struck by crowd-control ammunition or tear gas, or had their equipment damaged while covering protests across the country. Find these incidents here.
Demonstrators march in the Manhattan borough of New York City on June 4, 2020.
",None,None,None,None,False,None,None,None,None,False,None,None,None,False,False,None,None,law enforcement,yes,False,None,[],None,None,None,None,None,None,False,None,,"Black Lives Matter, Black Lives Matter 1 year, Black Lives Matter 2020, protest",,, 2020-06-04 02:48:50.109279+00:00,2021-11-19 15:02:39.918785+00:00,BuzzFeed News journalist detained while covering Santa Monica protests,https://pressfreedomtracker.us/all-incidents/buzzfeed-news-journalist-detained-while-covering-santa-monica-protests/,2021-11-19 15:02:39.871033+00:00,,,,Arrest/Criminal Charge,,,,Brianna Sacks (BuzzFeed News),,2020-05-31,False,Santa Monica,California (CA),34.01949,-118.49138,"BuzzFeed News reporter Brianna Sacks was detained by Santa Monica police while documenting protests in Santa Monica, California, on May 31, 2020.
Protests that began in Minnesota on May 26 have spread across the country, sparked by a video showing a police officer kneeling on the neck of George Floyd, a black man, during an arrest the day before. Floyd was later pronounced dead at a hospital.
Sacks told the U.S. Press Freedom Tracker that she was documenting protests in downtown Santa Monica around 6:30 or 7 p.m. when police officers began arresting protesters for failing to disperse and for violating the city’s 4 p.m. curfew.
“[The officers] pulled me out of the crowd, took my phone away, put it in my backpack and placed me in zip-tie handcuffs,” Sacks said. “I explained to them that I was media several times and they told me to just give them a few minutes and hold still.”
Officers looked at her press badge several times, Sacks said. She said they did not tell her why she was being detained.
Sacks said she was detained for approximately 15-20 minutes before officers flagged down a sergeant who told them to release her and remove the zip ties. The sergeant also told her that upon her release she would have to leave the scene. She did not.
The Santa Monica Police Department could not immediately be reached for comment.
In photos published by Sacks on Twitter, her wrists appear bruised and irritated from the tightness of the zip ties.
Police also pulled me out of the crowd and put me in zip tie cuffs and I was able to convince them to let me go because I was media, which I know is pretty damn lucky pic.twitter.com/EUXQ7T6bYR
— Brianna Sacks (@bri_sacks) June 1, 2020
“[The officers] were pretty reasonable and my experience was incredibly mild based on what other reporters have been enduring,” Sacks said.
The U.S. Press Freedom Tracker is documenting damage of equipment and multiple journalists arrested or struck by crowd control ammunition or tear gas while covering related protests across the country. Find all of these cases here.
BuzzFeed News immigration reporter Hamed Aleaziz was disinvited from a Department of Homeland Security tour of the border on Sept. 16, 2019, according to a letter obtained by CNN's Reliable Sources.
CNN reported that Aleaziz had originally been invited on the media tour with acting DHS Secretary Kevin McAleenan and had provided his personal information for security clearance purposes.
In the letter, BuzzFeed news director Tom Namako wrote to protest the agency’s treatment of Aleaziz. Namako said that while DHS spokesperson Andrew Meehan was visiting BuzzFeed’s offices in February, Meehan said he viewed Aleaziz as a “fair reporter” and repeatedly invited him to take a tour of the border with U.S. immigration authorities.
Namako wrote that Aleaziz had sought to take Meehan up on this offer when he was notified that he would be excluded from the tour.
“We are perplexed and disappointed by your apparent decision to specifically target Hamed, who has always sought your agency’s perspective in his coverage,” Namako wrote. “His exclusion serves only to prevent our audience and the American public from understanding the real situation at the border.”
Neither Aleaziz nor a spokesperson from DHS responded to request for comment.
A BuzzFeed news director protested a reporter's exclusion from a media tour of the border with DHS.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,None,[],None,None,None,None,None,None,False,['GOVERNMENT_EVENTS'],BuzzFeed News,,,,Federal government: Agency 2019-10-01 19:01:24.995200+00:00,2023-07-05 18:45:07.352326+00:00,BuzzFeed reporter receives second subpoena in ongoing Unsworth-Musk defamation lawsuit,https://pressfreedomtracker.us/all-incidents/buzzfeed-reporter-receives-second-subpoena-ongoing-unsworth-musk-defamation-lawsuit/,2023-07-05 18:45:07.242182+00:00,,LegalOrder object (71),(2019-10-08 11:54:00+00:00) Judge upholds one subpoena deposition in ongoing Musk-Unsworth case,Subpoena/Legal Order,,,,Ryan Mac (BuzzFeed News),,2019-09-06,False,San Francisco,California (CA),37.77493,-122.41942,"Ryan Mac, a senior technology reporter for BuzzFeed News, was issued his second subpoena in the ongoing case between caver Vernon Unsworth and Tesla CEO Elon Musk on Sept. 6, 2019. In total, five subpoenas were issued for reporting material and testimony from Mac and the digital news outlet.
Unsworth is suing Musk for defamation, alleging that the tech executive repeatedly labeled him a pedophile without evidence on Twitter and in communications with Mac, the latter of which were published by the outlet.
The U.S. Press Freedom Tracker reviewed the motion to quash both subpoenas for Mac’s deposition. The filing said that Musk was the first to issue a subpoena, demanding that Mac appear at a Sept. 11 deposition. About a week later, Unsworth filed a deposition subpoena cross-noticing the subpoena from Musk, listing the same date and time.
Musk’s counsel had previously issued two subpoenas for information from the news organization.
Unsworth had promised not to file additional subpoenas for discovery after BuzzFeed complied with a previous subpoena for documents establishing how many people viewed BuzzFeed articles about Musk’s dispute with Unsworth.
The filing said that Unsworth’s counsel was asked to voluntarily withdraw the subpoena. They declined.
Mac’s attorneys filed the motion to quash both deposition subpoenas on Sept. 13, arguing that any information that could be gained legally is already available to the parties and everything else is protected under California’s reporter’s privilege.
“The Deposition Subpoenas represent an attempt to harass and scapegoat BuzzFeed reporter Ryan Mac for publishing a news article about comments made by billionaire Tesla CEO Elon Musk,” the filing said.
A hearing is scheduled for Oct. 18.
A portion of the second subpoena demanding testimony from BuzzFeed reporter Ryan Mac as part of an ongoing defamation lawsuit between Tesla CEO Elon Musk and caver Vernon Unsworth.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,other testimony,['UPHELD'],None,None,Journalist,subpoena,Federal,None,False,None,,,,, 2019-10-01 18:55:36.546358+00:00,2023-07-05 18:48:17.848175+00:00,BuzzFeed reporter receives subpoena in ongoing Unsworth-Musk defamation lawsuit,https://pressfreedomtracker.us/all-incidents/buzzfeed-reporter-receives-subpoena-ongoing-unsworth-musk-defamation-lawsuit/,2023-07-05 18:48:17.706100+00:00,,LegalOrder object (68),(2019-10-08 11:51:00+00:00) Judge quashes Tesla CEO Elon Musk’s deposition subpoena,Subpoena/Legal Order,,,,Ryan Mac (BuzzFeed News),,2019-08-26,False,San Francisco,California (CA),37.77493,-122.41942,"Ryan Mac, a senior technology reporter for BuzzFeed News, was issued his first subpoena in the unfolding case between caver Vernon Unsworth and Tesla CEO Elon Musk on Aug. 26, 2019. Mac subsequently received a second deposition subpoena, bringing the total number of subpoenas issued against the outlet and its reporter to five.
Unsworth is suing Musk for defamation, alleging that the tech executive repeatedly labeled him a pedophile without evidence on Twitter and in communications with Mac, the latter of which were published by the outlet.
Lawyers for Musk previously subpoenaed the outlet twice during the discovery phase, and lawyers for Unsworth did so once. BuzzFeed provided some of the requested documents while objecting to others on First Amendment and reporter’s privilege grounds. The judge sustained the outlet’s objections.
Musk was the first to file a subpoena demanding reporter Mac appear at a Sept. 11 deposition in San Francisco. About a week later, Unsworth’s counsel issued its own subpoena against Mac, effectively joining Musk’s. The U.S. Press Freedom Tracker reviewed the motion to quash both subpoenas for Mac’s deposition.
According to the filing, the cover letter on the subpoena stated, “Mr. Musk does not intend to seek testimony from you that would be protected by the United States or California Constitutions or any other reporter’s privilege.” The letter did not, however, state what information Musk did hope to obtain by questioning Mac.
Mac’s counsel argued that Musk’s attempt to depose the reporter was part of a campaign of harassment and intimidation.
“It is clear from Musk’s prior conduct that he would put Mac through the ordeal of a hostile deposition for no reason other than to retaliate against Mac for his critical reporting,” the filing said. “The deposition subpoenas must be quashed to avoid this oppressive outcome.”
The filing argued that Musk is trying to deflect blame for his comments about Unsworth onto Mac, claiming that because Musk wrote the phrase “off the record” in the unsolicited email he sent to Mac, he couldn’t reasonably foresee that the statements he made would be published and therefore cannot be held liable.
Mac’s attorneys argued that, as Mac never agreed to keep the emails off the record, their contents were fair game for publication.
According to the filing, Musk’s attorneys were asked to voluntarily withdraw the subpoena, but they declined to do so.
On Sept. 9, Michael Lifrak, an attorney representing Musk, emailed BuzzFeed Attorney Kate Bolger offering to withdraw the deposition subpoena if the outlet would agree to a Rule 30(b)(6) deposition, in which one or more individuals from an entity are questioned about set topics. The topics proposed by Lifrak included BuzzFeed’s guidelines on publishing off-the-record and on-background information, pre-publication review process and editorial process and procedures for predicting article popularity.
Bolger responded over email, “This request calls for privileged matters related to BuzzFeed’s newsgathering materials and is, indeed, far broader than the request to Mr. Mac. It is not worth exploring.”
Mac’s attorneys filed a motion to quash both deposition subpoenas on Sept. 13, arguing that any information that could be gained legally is already available to the parties and everything else is protected under California’s reporter’s privilege.
A hearing is scheduled for Oct. 18.
A portion of the first of two deposition subpoenas sent to BuzzFeed reporter Ryan Mac as part of a defamation suit between Tesla CEO Elon Musk and caver Vernon Unsworth.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,other testimony,['QUASHED'],None,None,Journalist,subpoena,Federal,None,False,None,,,,, 2019-10-01 18:43:57.296764+00:00,2023-07-05 20:49:18.322614+00:00,BuzzFeed receives third subpoena in ongoing Unsworth-Musk defamation lawsuit,https://pressfreedomtracker.us/all-incidents/buzzfeed-receives-third-subpoena-ongoing-unsworth-musk-defamation-lawsuit/,2023-07-05 20:49:18.229713+00:00,,LegalOrder object (67),,Subpoena/Legal Order,,,,,,2019-08-21,False,San Francisco,California (CA),37.77493,-122.41942,"BuzzFeed News was issued a third subpoena in the ongoing case between caver Vernon Unsworth and Tesla CEO Elon Musk on Aug. 21, 2019. In total, five subpoenas were issued for reporting material and testimony from the digital news outlet and one of its reporters.
Unsworth is suing Musk for defamation, alleging that the tech executive repeatedly labeled him a pedophile without evidence on Twitter and in communications with BuzzFeed senior tech journalist Ryan Mac, the latter of which were published by the outlet.
The U.S. Press Freedom Tracker reviewed the subpoena, which was the second filed by counsel for Musk and the third it received overall. The subpoena ordered BuzzFeed to produce, in part, a copy of the version of the outlet’s Standards and Ethics Guide posted on buzzfeednews.com between August and September 2018. BuzzFeed, while maintaining its objections to the request, complied.
The subpoena also demanded all documents relating to the decisions around publishing the contents of Musk’s emails to senior technology reporter Ryan Mac and to amending the outlet’s ethics guide after the article was published. It also requested copies of all policies governing the publication of ‘off the record’ or ‘on background’ conversations.
BuzzFeed filed objections to the subpoena on Sept. 6 on the grounds that the requested documents were irrelevant, protected by various privileges (including the reporter’s privilege) and would be unduly burdensome to search for and review.
The outlet did, however, comply with Musk’s demand for copies of documents and communications produced in response to Unsworth’s subpoena.
A portion of the third subpoena received by BuzzFeed in August as part of the defamation case between Tesla CEO Elon Musk and the caver Vernon Unsworth.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,journalist communications or work product,['PENDING'],None,None,Institution,subpoena,Federal,None,False,None,BuzzFeed News,,,, 2019-10-01 18:25:41.176232+00:00,2023-07-05 20:49:58.762109+00:00,BuzzFeed receives second subpoena in ongoing Unsworth-Musk defamation lawsuit,https://pressfreedomtracker.us/all-incidents/buzzfeed-receives-second-subpoena-ongoing-unsworth-musk-defamation-lawsuit/,2023-07-05 20:49:58.670068+00:00,,LegalOrder object (63),,Subpoena/Legal Order,,,,,,2019-07-29,False,San Francisco,California (CA),37.77493,-122.41942,"BuzzFeed News was issued a second subpoena in the ongoing defamation case between caver Vernon Unsworth and Tesla CEO Elon Musk on July 29, 2019. In total, five subpoenas were issued for reporting material and testimony from the digital news outlet and one of its reporters.
Unsworth is suing Musk for defamation, alleging that the tech executive repeatedly labeled him a pedophile without evidence on Twitter and in communications with BuzzFeed senior tech journalist Ryan Mac, the latter of which were published by the outlet.
The U.S. Press Freedom Tracker reviewed the subpoena issued by counsel for Unsworth. The subpoena ordered BuzzFeed to produce all documents and communications produced in response to a previous subpoena by Musk’s counsel, as well as website traffic metrics on the dates articles concerning Musk’s dispute with Unsworth were published and data analytics for interactions with each article on BuzzFeed’s website and social media.
An email exchange between BuzzFeed attorney Kate Bolger and Unsworth attorney Taylor Wilson concerning the subpoena was documented in a subsequent motion. Bolger stated in the exchange, “BuzzFeed will produce the page views you requested provided you agree that no further response to the subpoena is required and that there will be no additional subpoenae.”
Wilson agreed not to file additional discovery subpoenas, but reserved the right to seek trial testimony.
BuzzFeed filed formal objections to the subpoena demands on First and 14th Amendment grounds on Aug. 23. The outlet did agree to provide copies of documents prepared in response to the Musk subpoena and non-privileged website traffic and article metrics.
A portion of the second subpoena received by BuzzFeed as part of a defamation case between Tesla CEO Elon Musk and the caver Vernon Unsworth.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,journalist communications or work product,['PENDING'],None,None,Institution,subpoena,Federal,None,False,None,BuzzFeed News,,,, 2019-10-01 17:59:22.831625+00:00,2023-07-05 20:50:23.133481+00:00,BuzzFeed receives first subpoena in ongoing Unsworth-Musk defamation lawsuit,https://pressfreedomtracker.us/all-incidents/buzzfeed-receives-first-subpoena-ongoing-unsworth-musk-defamation-lawsuit/,2023-07-05 20:50:23.029831+00:00,,LegalOrder object (61),,Subpoena/Legal Order,,,,,,2019-06-14,False,San Francisco,California (CA),37.77493,-122.41942,"BuzzFeed News was issued its first subpoena in the unfolding case between caver Vernon Unsworth and Tesla CEO Elon Musk on June 14, 2019. The outlet and one of its reporters subsequently received four additional subpoenas.
Unsworth is suing Musk for defamation, alleging that the tech executive repeatedly labeled him a pedophile without evidence on Twitter and in communications with BuzzFeed senior tech journalist Ryan Mac, the latter of which were published by the outlet.
The U.S. Press Freedom Tracker reviewed the subpoena, which was filed by counsel for Musk. The subpoena ordered BuzzFeed to produce copies of two articles published by the outlet in August and September 2018, BuzzFeed’s communications with Unsworth and Musk, and documentation of BuzzFeed’s policies concerning “off the record” or “on background” conversations.
The subpoena also requested all documents concerning any payments, income, stipends, or gifts BuzzFeed received in exchange for the two articles containing Musk’s statements about Unsworth.
Lawyers representing BuzzFeed filed objections to the demand for the outlet’s communications with Musk and Unsworth on July 1, citing both parties’ access to these documents and the public availability of BuzzFeed’s News Standards and Ethics Guide. They also wrote that, consistent with the ethics guidelines, the outlet does not accept any form of payment or gifts to publish articles and therefore no documents are responsive to that request.
A portion of the first subpoena BuzzFeed received as part of a defamation case between Tesla CEO Elon Musk and the caver Vernon Unsworth.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,journalist communications or work product,['IGNORED'],None,None,Institution,subpoena,Federal,None,False,None,BuzzFeed News,,,, 2019-02-06 16:13:52.349565+00:00,2022-08-22 19:56:17.118528+00:00,BuzzFeed News reporter aggressively questioned about reporting at passport checkpoint,https://pressfreedomtracker.us/all-incidents/buzzfeed-news-reporter-aggressively-questioned-about-reporting-passport-checkpoint/,2022-08-22 19:56:17.062971+00:00,,,,Border Stop,,,,David Mack (BuzzFeed News),,2019-02-03,False,New York,New York (NY),None,None,"A Customs and Border Protection agent aggressively questioned Australian BuzzFeed News reporter David Mack about his work at a passport checkpoint in New York City on Feb. 3, 2019. Days later, a CBP official apologized for the “inappropriate remarks made to him.”
Mack arrived at JFK airport from the United Kingdom, where he was renewing his U.S. work visa. According to BuzzFeed, Mack said the CBP agent at passport control saw BuzzFeed listed as his employer on his visa, and began to ask him questions.
That evening, Mack tweeted a thread about the incident:
the immigration agent at JFK just saw that i work for buzzfeed and just grilled me for 10 minutes about the cohen story which was fun given he gets to decide whether to let me back into the country
— David Mack (@davidmackau) February 4, 2019
The line of aggressive questioning focused mostly on BuzzFeed’s reporting on Robert Mueller's investigation into the Trump campaign's connections with Russia, and in particular, a Jan. 17 article about Attorney Michael Cohen.
BuzzFeed reported that CBP Assistant Commissioner for Public Affairs, Andrew Meehan, apologized to Mack directly in a telephone call on Feb. 5, and stated that “The officer’s comments do not reflect CBP’s commitment to integrity and professionalism of its workforce. In response to this incident, CBP immediately reviewed the event and has initiated the appropriate personnel inquiry and action."
Mack did not respond to request for comment, but according to BuzzFeed, Mack was grateful for the apology.
BuzzFeed News spokesperson Matt Mittenthal said: "We appreciate the government's prompt response and apology for this unfortunate incident... Customs agents do not get to weaponize their political opinions against residents legally entering the United States."
BuzzFeed's company headquarters in New York (file).
On Nov. 4, 2018, BuzzFeed News reporter Blake Montgomery was arrested in Seattle on suspicion of trespassing.
The Stranger, a Seattle alt-weekly, reports that Montgomery was arrested while in the process of reporting out a story about Tank Hapertefen, a man who died after injecting silicone into his genitals. When Montgomery went to the Seattle home of Tank's former partner, Dylan Hapertefen, to ask him for comment, the occupants of the home called the police. The police arrested Montgomery and took him to jail. After spending almost 24 hours in jail, he was released on $1,000 bail on the evening of Nov. 5.
Dylan and another man living with him, Daniel Balderas Hapertefen, also filed for temporary restraining orders. On Nov. 6, a judge granted both Dylan and Daniel temporary restraining orders against Montgomery.
On Nov. 15, BuzzFeed News published an article about Tank's death. The article — co-written by Montgomery and his BuzzFeed News colleague Katie Notopoulos — mentions Montgomery's arrest.
"Dylan and the four pups who lived with Tank in Seattle until his death initially did not answer multiple requests for comment via emails, calls, and texts," Montgomery wrote in an article about Tank, published on Nov. 15. "When a BuzzFeed News reporter attempted to reach them in person, they called the police. That reporter was arrested and jailed. The following week, Dylan and a pup, Daniel Balderas Hapertefen, filed restraining orders against the same reporter. A week later, Dylan responded to an email from BuzzFeed News, answering a series of questions."
In a statement, BuzzFeed News criticized the Seattle police department.
"This was an outrageous and disproportionate response to a reporter doing his job," the statement reads. "We strongly dispute the Seattle Police Department's account of what transpired, and look forward to reviewing all the available evidence — including camera footage — to understand what warranted the jailing of a reporter for nearly 24 hours."
The Seattle district attorney's office ultimately declined to bring trespassing charges against Montgomery.
New York’s largest police union demanded the New York Police Department take legal action to stop BuzzFeed from publishing a database of police disciplinary records on April 11, 2018.
“We demand that the Department and City immediately take all possible steps to prevent BuzzFeed’s disclosure of Confidential Files including, but not limited to, seeking an injunction in court,” Patrolmen’s Benevolent Association (PBA) president Patrick Lynch wrote in the April 11 letter, which was addressed to NYPD commissioner James O’Neill.
“As he has in the past, Mr. Lynch is accusing those who shine a light on bad behavior in the NYPD of stoking violence,” BuzzFeed spokesman Matt Mittenthal said in a statement. “His words are irresponsible, out of step with other police departments, and reminiscent of a time when police acted without accountability to the public. We are perplexed by why Mr. Lynch is so concerned about the privacy of powerful, armed public servants who have been found to lie, harass, and threaten people in their custody — and by what else the PBA is seeking to conceal with this preposterous legal threat.”
Until recently, the NYPD released information about officers’ disciplinary records to the public. But in August 2016, the department stopped doing so. At the time, an NYPD spokesman told the New York Daily News that the department’s Legal Bureau had determined that a provision in New York’s 1976 civil rights law allowed the NYPD to shield employees’ disciplinary records from public scrutiny.
Despite Lynch’s letter, the NYPD did not seek an injunction against BuzzFeed. On April 16, BuzzFeed published its database of secret NYPD disciplinary records, which includes officers’ names and allegations of misconduct.
Two of the thousands of NYPD disciplinary records published by BuzzFeed on April 16, 2018
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,None,None,None,None,None,None,None,None,False,[],BuzzFeed News,,,, 2017-08-02 06:11:40.032611+00:00,2023-12-21 21:05:30.375079+00:00,Reporters excluded from press briefing,https://pressfreedomtracker.us/all-incidents/reporters-excluded-press-briefing/,2023-12-21 21:05:30.259671+00:00,,,,Denial of Access,,,,,,2017-02-24,False,Washington,District of Columbia (DC),38.89511,-77.03637,"Aides to White House Press Secretary Sean Spicer barred 11 news outlets from attending an informal briefing known as a “gaggle” held in lieu of a daily press briefing on Feb. 24, 2017. When reporters tried to enter Spicer's office for the briefing, they were told that they were not on the list of attendees. The press pool was invited to attend along with several handpicked outlets.
CNN, The New York Times, Politico, The Hill, the BBC, the Daily Mail, the Guardian, BuzzFeed, Huffington Post, the Los Angeles Times, and New York Daily News were excluded.
White House spokeswoman Sarah Sanders claimed that the briefing had taken place in a smaller office and that the press pool had been invited.
“We invited the pool so everyone was represented. We decided to add a couple of additional people beyond the pool. Nothing more than that," she said.
The pool consisted of Hearst Newspapers and CBS. NBC, ABC, Fox News, One America News Network, The Wall Street Journal, Bloomberg, Breitbart, McClatchy and The Washington Times were also invited and attended.
Reporters from The Associated Press, Time and USA Today declined to attend.
Journalists work in the briefing room at the White House on Feb. 24, 2017. Several major news organizations were excluded from an off camera "gaggle" meeting with White House Press Secretary Sean Spicer.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,None,[],None,None,None,None,None,None,False,['GOVERNMENT_EVENTS'],"BBC News, BuzzFeed News, CNN, Daily Mail, HuffPost, Los Angeles Times, New York Daily News, Politico, The Guardian, The Hill, The New York Times",,,,Federal government: White House