Ohio prosecutor subpoenas outlet for reporting materials from protest

Ohio newspaper The (Cleveland) Plain Dealer and its digital site, cleveland.com, were served a subpoena by the county prosecutor’s office for videos, photos and audio captured by its reporters during recent protests in downtown Cleveland.

Protests have taken place in dozens of cities across the country since late May, sparked by a video showing a Minneapolis police officer kneeling on the neck of George Floyd, a black man, during an arrest. Floyd was later pronounced dead at a hospital.

The subpoena, filed on June 5, 2020 by Cuyahoga County Prosecutor Michael O’Malley’s office, orders the outlet to turn over all recordings and photographs that depict any “potential criminal activity” during the May 30 riots, cleveland.com reported.

It also seeks copies of any recorded interviews with individuals who may have described illegal activities.

Editor Chris Quinn told cleveland.com in an emailed statement that the company is compiling responsive documents before speaking with its attorneys about possible options, but that it intends to turn over all materials already published, as the outlet has done previously.

“I’m always troubled when prosecutors seek to use the work of journalists as evidence in criminal cases because it sends a terrible message to criminals that journalists should be considered part of the criminal justice process,” Quinn said.

“We are not part of the criminal justice process. We are the watchdog of the criminal justice process. I just fear that this kind of thing puts a target on the backs of our reporters, photographers and videographers as they do their jobs.”

The U.S. Press Freedom Tracker has documented many assaults of journalists amid the ongoing protests related to Black Lives Matter and police brutality, and at least a dozen journalists who have been assaulted by private individuals. In many of these instances, journalists reported being harassed for capturing video or photos of demonstrators’ faces.

Cleveland.com reported that Cuyahoga County Prosecutor spokesman Tyler Sinclair declined to comment on the subpoena or whether similar subpoenas have been issued to other news outlets, citing the ongoing investigation. Sinclair did not immediately respond to the Tracker’s request for comment.

Ohio shield law protects journalists from disclosing their confidential sources, but this protection does not extend to journalistic work product gathered in the course of reporting, according to the Digital Media Law project.