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[ { "title": "Boston Globe editor subpoenaed for testimony in Harvard admissions bribery case", "url": "https://pressfreedomtracker.us/all-incidents/boston-globe-editor-subpoenaed-for-testimony-in-harvard-admissions-bribery-case/", "first_published_at": "2022-11-09T18:53:58.972581Z", "last_published_at": "2023-06-29T16:11:27.606259Z", "latest_revision_created_at": "2023-06-29T16:11:27.498080Z", "date": "2022-10-11", "exact_date_unknown": false, "city": "Boston", "longitude": -71.05977, "latitude": 42.35843, "body": "<div class=\"block-rich_text\"><p data-block-key=\"h6viq\">Boston Globe journalist Joshua Miller was subpoenaed for testimony as part of a Harvard University admissions scandal criminal case in Boston, Massachusetts, on Oct. 11, 2022.</p><p data-block-key=\"2v6c8\">In April 2019, Miller, now the Globe’s politics editor, broke the story of<a href=\"https://www.bostonglobe.com/metro/2019/04/04/bought-fencing-coach-house-then-his-son-got-into-harvard/EIWVMIxUFQ1XweY1xfB1GK/story.html?event=event12&amp;p1=Article_Inline_Text_Link\"> bribes allegedly paid to Harvard’s fencing coach</a>, Peter Brand, by Maryland businessman Jie Zhao. According to the Globe, Zhao purchased Brand’s house at nearly twice its value. In return, Brand allegedly helped facilitate Harvard admission for Zhao’s two sons by recruiting them to the university’s fencing team.</p><p data-block-key=\"duacu\">Two months after the Globe published the story, the Department of Justice <a href=\"https://www.bostonglobe.com/metro/2019/06/18/bought-fencing-coach-house-then-his-son-got-into-harvard-now-feds-are-asking-questions/SefCGoT7IswTCfA8CrHqRJ/story.html?p1=Article_Inline_Text_Link\">launched a grand jury inquiry</a>. Brand and Zhao were <a href=\"https://www.justice.gov/usao-ma/pr/former-harvard-fencing-coach-and-maryland-businessman-indicted-bribery-charges\">formally indicted</a> on federal bribery charges in 2020.</p><p data-block-key=\"d9ir\">Globe legal counsel Jonathan M. Albano <a href=\"https://www.bostonglobe.com/2022/11/04/metro/globe-challenges-subpoena-reporters-work-harvard-admissions-scandal/\">challenged the 2022 subpoena</a> for Miller’s testimony in a Nov. 3 motion to quash, arguing that it’s not vital to the government’s case.</p><p data-block-key=\"b16sk\">Albano requested that the judge instead issue a protective order for an in-camera review of Miller&#x27;s recorded interview with Zhao. In a written declaration submitted to the court, Miller stated that testifying would force him to disclose confidential sources he felt “duty-bound to protect” and could have a negative impact on future reporting.</p><p data-block-key=\"gedd\">“I believe this will inhibit sources from speaking to me in the future because they will not trust that our conversations will exclusively be used for news reporting,” Miller stated. “I believe they will speak less frankly to me, or not speak to me at all, since they may fear that what they tell me will become something I will later testify about in criminal or civil litigation.”</p><p data-block-key=\"545vb\">Neither Miller nor Albano responded to requests for comment from the U.S. Press Freedom Tracker.</p><p data-block-key=\"c8cmb\">On Nov. 8, the DOJ filed an opposition to the motion to quash, claiming only Miller can provide first-hand knowledge of Zhao’s statements to him. The federal bribery trial is scheduled to begin Dec. 5.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/Screen_Shot_2022-11-07_at_2.42.48.a3f41b0b.fill-1330x880.png", "primary_video": null, "image_caption": "<p data-block-key=\"ed046\">A portion of the subpoena issued to Boston Globe editor Joshua Miller seeking testimony in a federal bribery case connected to a Harvard admissions scandal. — SCREENSHOT</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": "other testimony", "name_of_business": null, "third_party_business": null, "legal_order_type": "subpoena", "legal_order_venue": "Federal", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Massachusetts", "abbreviation": "MA" }, "updates": [ "(2022-12-13 14:45:00+00:00) Boston Globe editor compelled to testify in Harvard admissions bribery case" ], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Subpoena/Legal Order" ], "targeted_journalists": [ "Joshua Miller (Boston Globe)" ], "subpoena_statuses": [ "carried out" ], "type_of_denial": null }, { "title": "KC photographer shoved to ground by NFL player after game", "url": "https://pressfreedomtracker.us/all-incidents/photographer-shoved-to-ground-by-nfl-player-after-game-in-kc/", "first_published_at": "2022-10-14T14:04:01.367425Z", "last_published_at": "2023-06-29T17:35:42.863600Z", "latest_revision_created_at": "2023-06-29T17:35:42.631182Z", "date": "2022-10-10", "exact_date_unknown": false, "city": "Kansas City", "longitude": -94.57857, "latitude": 39.09973, "body": "<div class=\"block-rich_text\"><p data-block-key=\"tck70\">Photographer Park Zebley was shoved to the ground by Raiders wide receiver Davante Adams after a Monday Night Football game in Kansas City, Missouri, on Oct. 10, 2022.</p><p data-block-key=\"339mp\">In footage published by SportsCenter and shared widely, Adams can be seen pushing Zebley with two hands following a 30-29 Raiders loss.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">Davante Adams was visibly upset after the Raiders’ loss to the Chiefs. <a href=\"https://t.co/XW2fmx6adJ\">pic.twitter.com/XW2fmx6adJ</a></p>&mdash; SportsCenter (@SportsCenter) <a href=\"https://twitter.com/SportsCenter/status/1579682203339960320?ref_src=twsrc%5Etfw\">October 11, 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=\"tck70\">When reached by email, Zebley declined to comment and referred the U.S. Press Freedom Tracker to his attorney, Dan Curry. Curry said Zebley is a college student who had just started working for a local production company that provides content to ESPN. He did not identify the name of the production company.</p><p data-block-key=\"alebj\">In a written statement, Curry said it was the photographer’s first day on the job and he had been given the task of carrying equipment for a camera operator.</p><p data-block-key=\"beva\">After arranging transportation to the hospital, Zebley filed a police report with the Kansas City Police Department. In an emailed statement to the Tracker, a KCPD spokesperson said Zebley’s injuries were thought to be non-life threatening and the incident is being investigated.</p><p data-block-key=\"b2ciu\">Zebley’s attorney confirmed that the photographer suffered a headache, whiplash and was still recovering from a concussion.</p><p data-block-key=\"lcv9\">After the incident, Adams apologized for his behavior, saying he was frustrated by the loss and was surprised when Zebley “jumped” in front of him, ESPN <a href=\"https://www.espn.com/nfl/story/_/id/34772685/raiders-davante-adams-pushes-person-postgame-apologizes\">reported</a>.</p><p data-block-key=\"e7p85\">A Kansas City Municipal Court public information officer told the Tracker that Adams was charged with assault under a city ordinance on Oct. 12. According to the<a href=\"https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH50OFMIPR_ARTVOFAGPUPE_S50-169SANF\"> ordinance</a>, he faces up to six months of jail time or a fine of up to $500. The citation, also shared with the Tracker by KCPD, identifies him as Ryan Zebley. His attorney said Park is his name.</p><p data-block-key=\"7qdae\">The Raiders receiver is also facing possible suspension from the NFL, <a href=\"https://www.espn.com/nfl/story/_/id/34782109/davante-adams-charged-misdemeanor-assault-mnf-shove\">according to ESPN</a>. He is scheduled to appear in Kansas City Municipal Court on Nov. 10.</p><p data-block-key=\"9r57e\">“What happened was egregiously unsportsmanlike and an act of violence that should not be excused by the NFL,” Zebley said in a statement provided by his attorney.</p><p data-block-key=\"1o87\"></p><p data-block-key=\"53smb\"><i>Editor’s note: The article was updated with a clarifying statement from a Kansas City Municipal Court public information officer around the type of assault. Davante Adams was charged under a city ordinance, not a state statute as previously reported.</i></p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": "2316-CV11878", "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": "public figure", "was_journalist_targeted": "unknown", "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Missouri", "abbreviation": "MO" }, "updates": [ "(2023-05-02 11:01:00+00:00) Photographer files lawsuit against NFL player, teams following assault", "(2023-06-05 12:09:00+00:00) Assault charge dropped against NFL player who shoved photographer" ], "case_statuses": [ "ongoing" ], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Park Zebley (Unidentified production company)" ], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Jewish newspaper boxes vandalized in Queens", "url": "https://pressfreedomtracker.us/all-incidents/jewish-newspaper-boxes-vandalized-in-queens/", "first_published_at": "2022-10-25T15:56:04.755581Z", "last_published_at": "2022-10-27T20:59:45.010793Z", "latest_revision_created_at": "2022-10-27T20:59:44.873325Z", "date": "2022-10-06", "exact_date_unknown": false, "city": "New York", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"oz3r6\">Several newspaper boxes distributing Jewish publications in Queens, New York, were defaced with swastikas on Oct. 6, 2022, while the Jewish community observed Yom Kippur.</p><p data-block-key=\"etm1i\">Bukharian Jewish Link freelance journalist Steven Saphirstein told the U.S. Press Freedom Tracker he discovered the vandalized boxes outside of Aron’s Kissena Farms on Oct. 7 while distributing papers. Aron’s, the largest kosher grocery store in Queens, was closed at the time of the incident. Saphirstein told the Tracker he met with detectives after reporting the incident.</p><p data-block-key=\"9to70\">The targeted boxes contained Jewish newspapers including the <a href=\"https://www.queensjewishlink.com/\">Queens Jewish Link</a>, the <a href=\"https://www.bukharianjewishlink.com/\">Bukharian Jewish Link</a> and the <a href=\"http://www.5tjt.com/\">Five Towns Jewish Times</a>. Yaakov Serle, publisher for the Queens and Bukharian Jewish Links, told the Tracker that the newspapers were still able to publish normally that day.</p><p data-block-key=\"12tis\">“We were very fortunate,” Serle said. “Everybody came together, and – by shopping time — it was all gone.”</p><p data-block-key=\"14omf\">Serle said several community members teamed up to clean the newspaper boxes before Aron’s opened for the day. He credits Assemblymember Daniel Rosenthal, Saphirstein and local Jewish groups Chaverim and Shmira with playing an instrumental role in the cleanup.</p><p data-block-key=\"20smk\">In a statement to the Chronicle, Rosenthal said that while no one was physically harmed by the attack, the antisemitism distressed residents who were fed up with the broken sense of security and seeking action.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">On the holiest day of the Jewish calendar, newspapers racks distributing Jewish publications were vandalized with swastikas.<br><br>We must be able to feel safe in our neighborhoods. We must do more. The continued rise of antisemitism is unsustainable and unacceptable. <a href=\"https://t.co/WCz5wrRGar\">pic.twitter.com/WCz5wrRGar</a></p>&mdash; Daniel Rosenthal (@DanRosenthalNYC) <a href=\"https://twitter.com/DanRosenthalNYC/status/1577912102391521282?ref_src=twsrc%5Etfw\">October 6, 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=\"oz3r6\">“On the holiest day of the Jewish calendar, newspaper racks distributing Jewish publications were vandalized with swastikas,” Rosenthal wrote on <a href=\"https://twitter.com/DanRosenthalNYC/status/1577912102391521282?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet\">Twitter</a>. “We must be able to feel safe in our neighborhoods. We must do more. The continued rise of antisemitism is unsustainable and unacceptable.”</p><p data-block-key=\"2tm4f\">The New York Police Department did not respond to a request for comment by the Tracker, but Rosenthal told the Chronicle that officers are reviewing security camera footage from neighboring businesses.</p><p data-block-key=\"oqdb\"></p><p data-block-key=\"4tuco\"><i>Editor&#x27;s note: The article was updated to include information from Steven Saphirstein and his correct title.</i></p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "New York", "abbreviation": "NY" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [ "Media" ], "tags": [ "white nationalism" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Other Incident" ], "targeted_journalists": [], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Fast Company disables website after cyberattack results in ‘vile’ push alerts, posts", "url": "https://pressfreedomtracker.us/all-incidents/fast-company-disables-website-after-cyberattack-results-in-vile-push-alerts-posts/", "first_published_at": "2022-10-04T18:58:25.610369Z", "last_published_at": "2022-10-06T23:01:52.196655Z", "latest_revision_created_at": "2022-10-06T23:01:52.116613Z", "date": "2022-09-25", "exact_date_unknown": false, "city": "New York", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"od297\">Fast Company, a business and technology magazine based in New York City, shut down its website after a cyberattack led to “obscene and racist” posts and Apple News push notifications.</p><p data-block-key=\"7f7pv\">In a <a href=\"https://twitter.com/FastCompany/status/1574980645868404736\">tweeted statement</a>, Fast Company said the attack on its content management system appeared to be related to a Sept. 25, 2022, hack of FastCompany.com in which similar language was posted on the site. The first incident forced the website offline for two hours while the company restored the page.</p><p data-block-key=\"egd5u\">Two days later, following the unauthorized Apple News alerts, the organization said it would disable its website and Apple News feed during its investigation into the attacks.</p><p data-block-key=\"15hjf\">“The messages are vile and are not in line with the content and ethos of Fast Company,” the company <a href=\"https://twitter.com/FastCompany/status/1574938145237639168\">tweeted</a>. “We are investigating the situation and have shut down FastCompany.com until the situation has been resolved.”</p><p data-block-key=\"f77so\">Immediately after the Sept. 27 attack, the U.S. Press Freedom Tracker confirmed that accessing the magazine’s website resulted in a “404 Not Found” message. When accessed on Sept. 29, FastCompany.com redirected to a <a href=\"https://www.fastcompany.com/statement.html\">statement</a> mirroring those published on Twitter.</p><p data-block-key=\"32pa7\">According to the statement, Fast Company is continuing to publish its news and analysis across the magazine’s social media platforms. It is unclear how long the website will be unavailable, or who was responsible for the attack.</p><p data-block-key=\"fojai\">Before it was removed from the site, a post about the attack shared that the hackers got access through a password that was shared across many accounts, <a href=\"https://www.theverge.com/2022/9/27/23375939/fast-company-apple-news-notification-hack?mc_cid=add57c6902&amp;mc_eid=2a64aafee5\">The Verge reported</a>.</p><p data-block-key=\"dafb8\">Fast Company did not respond to a request for comment from the Tracker, but it <a href=\"https://twitter.com/FastCompany/status/1575215452368019456\">tweeted</a> that a “global incident response and cybersecurity firm” would lead an investigation.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "New York", "abbreviation": "NY" }, "updates": [ "(2022-10-05 19:01:00+00:00) Fast Company website back online eight days after cyberattack" ], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [ "Fast Company" ], "tags": [ "cyberattack" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Other Incident" ], "targeted_journalists": [], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Judge rules Starbucks union organizers must turn over media exchanges", "url": "https://pressfreedomtracker.us/all-incidents/judge-rules-starbucks-union-organizers-must-turn-over-media-exchanges/", "first_published_at": "2022-12-15T17:07:16.621276Z", "last_published_at": "2022-12-15T17:07:16.621276Z", "latest_revision_created_at": "2022-12-15T17:07:16.516719Z", "date": "2022-09-23", "exact_date_unknown": false, "city": "Buffalo", "longitude": -78.87837, "latitude": 42.88645, "body": "<div class=\"block-rich_text\"><p data-block-key=\"36aqu\">Nearly two dozen individuals behind a unionization drive at Starbucks locations in Buffalo and Rochester, New York, were ordered to turn over their communications with journalists by a federal judge on Sept. 23, 2022.</p><p data-block-key=\"bnlbj\">The ruling came as part of a <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nywd.141620/gov.uscourts.nywd.141620.1.0.pdf\">complaint</a> the National Labor Relations Board filed against Starbucks in June 2022, accusing the Seattle-based coffee giant of union-busting activities. Starbucks <a href=\"https://apps.nlrb.gov/link/document.aspx/09031d45839081be\">denies</a> any wrongdoing.</p><p data-block-key=\"9rt5c\">According to court records reviewed by the U.S. Press Freedom Tracker, organizers and current and former Starbucks employees were ordered in early September to turn over all documents concerning getting in contact with any media outlet about the unionization efforts and any resulting communications.</p><p data-block-key=\"evtd9\">The Washington Post <a href=\"https://www.washingtonpost.com/media/2022/10/29/starbucks-reporters-union-communications-judge/\">reported</a> that the order would likely pertain to thousands of messages with journalists, and that the Post, The New York Times, Vice, Fox News, Al Jazeera, The Guardian and Buffalo News have extensively covered the organizing campaign.</p><p data-block-key=\"3m2bn\">NLRB filed a motion to quash the subpoenas or issue a protective order. <a href=\"https://workersunited.org/\">Workers United</a>, a labor union working to organize the New York stores, also received a subpoena and filed two motions to quash: one on its own behalf and one on behalf of the subpoenaed <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nywd.141620/gov.uscourts.nywd.141620.42.0.pdf\">Starbucks employees</a>.</p><p data-block-key=\"eb59b\">On Sept. 23, District Judge John Sinatra Jr. <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nywd.141620/gov.uscourts.nywd.141620.49.0.pdf\">issued his ruling</a> quashing some requests in the subpoenas, but holding that communications and any recordings of conversations with the media would have to be produced.</p><p data-block-key=\"ak3qp\">According to the Post, it is unusual for a judge to approve a request that so blatantly targets communications with journalists, which would be protected under New York’s Shield Law if the journalists had been issued the subpoenas instead.</p><p data-block-key=\"d07tn\">For subpoenas issued directly to journalists or news organizations, and information about how we document those legal orders, explore the Tracker’s <a href=\"https://pressfreedomtracker.us/subpoena/\">Subpoena/Legal Order category</a>.</p><p data-block-key=\"8g14o\">A Starbucks spokesperson, Andrew Trull, defended the judge’s order in a statement to the Post alleging that the media received false information.</p><p data-block-key=\"88hv\">“This is about getting to the truth and uncovering misinformation that [union-supporting workers] have disseminated to both our partners and the public,” Trull said.</p><p data-block-key=\"7ts4j\">No documents were produced by the court-imposed deadline of Oct. 14. On Oct. 27, Starbucks <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.nywd.141620/gov.uscourts.nywd.141620.63.0.pdf\">filed a motion</a> for the court to hold the union and the individuals subpoenaed in contempt and impose sanctions on them. That same day, Workers United notified the court of its intention to file an appeal of the judge’s ruling with the Second Circuit Court of Appeals.</p><p data-block-key=\"btdnf\">Sinatra has placed all proceedings — including ruling on the motion for sanctions — on hold until the appeal is resolved. As of publication, the appeal has not yet been filed.</p><p data-block-key=\"loto\">The president of The NewsGuild, one of the largest journalist labor unions, <a href=\"https://buffalonews.com/business/local/free-press-advocates-alarmed-by-buffalo-judges-ruling-in-starbucks-case/article_906aa7f4-56e1-11ed-b4ee-ff59627c99f3.html\">told the Buffalo News</a> that the order chips away at free press protections and creates a chilling effect for both journalists and their sources.</p><p data-block-key=\"70j5a\">&quot;Clearly, Starbucks is violating the First Amendment of our country by trying to get access to information that is part of the news gathering process,&quot; Jon Schleuss said. &quot;The federal government has no place in restricting the freedom of press.”</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "New York", "abbreviation": "NY" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [ "Media" ], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Other Incident" ], "targeted_journalists": [], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Two Occupy Democrats journalists barred from DeSantis press conference", "url": "https://pressfreedomtracker.us/all-incidents/two-occupy-democrats-journalists-barred-from-desantis-press-conference/", "first_published_at": "2022-10-14T16:21:32.547749Z", "last_published_at": "2023-12-20T20:43:01.646919Z", "latest_revision_created_at": "2023-12-20T20:43:01.567674Z", "date": "2022-09-22", "exact_date_unknown": false, "city": "Miami", "longitude": -80.19366, "latitude": 25.77427, "body": "<div class=\"block-rich_text\"><p data-block-key=\"cof21\">Two journalists with the news arm of progressive political organization Occupy Democrats were barred from attending a press conference with Gov. Ron DeSantis in Miami, Florida, on Sept. 22, 2022.</p><p data-block-key=\"b0b9p\">Editor-at-Large Grant Stern told the U.S. Press Freedom Tracker that he and Reported Opinion Columnist Thomas Kennedy learned about the press conference after DeSantis put it on his public agenda. The pair was ultimately stopped before they could enter the venue at Miami Dade College’s Wolfson Campus.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">Was just denied entrance to DeSantis’ press event. Police put their hands on me and forcibly removed me from this publicly funded event despite me not raising my voice and police acknowledging we are not violent. We wanted to ask why DeSantis is using migrants as political props.</p>&mdash; Thomas Kennedy (@tomaskenn) <a href=\"https://twitter.com/tomaskenn/status/1573005657594560512?ref_src=twsrc%5Etfw\">September 22, 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=\"cof21\">In a video Kennedy <a href=\"https://twitter.com/tomaskenn/status/1573016253404532736\">posted on Twitter</a> of the interaction, a person he identifies as a Miami police detective says he and Grant have already been advised they are not welcome. “You’re not invited. You’re not press.”</p><p data-block-key=\"anslu\">Officer Roberto Heredia Rubio subsequently <a href=\"https://twitter.com/tomaskenn/status/1573016484326084609\">told the journalists</a> that it was a private event and that the Florida Department of Law Enforcement instructed the officers to prevent them from entering.</p><p data-block-key=\"ah51u\">According to the <a href=\"https://www.orlandosentinel.com/politics/os-ne-desantis-china-influence-bills-20210607-7mlip2poz5hl3pcsokaabdg22i-story.html\">Orlando Sentinel</a>, DeSantis signed two bills into law that day aimed at combating foreign influence in Florida’s universities and increasing the penalties for selling trade secrets, particularly to foreign governments.</p><p data-block-key=\"39u6v\">Stern told the Tracker that during the interaction, another officer at the venue refused to identify himself and then began filming them on a cellphone. Stern requested that the officer send him a copy of the recording in compliance with the state’s public records law. The officer refused and forced them to exit the building under threat of arrest.</p><p data-block-key=\"bdth8\">“This is the second time that an officer from the City of Miami has responded to me making an on-the-spot records request with retaliatory conduct,” Stern said. “There’s a pattern and practice of civil rights violations in Miami.”</p><p data-block-key=\"3e1mv\">The governor’s office has <a href=\"https://pressfreedomtracker.us/all-incidents/?search=desantis&amp;categories=Denial+of+Access\">barred press from covering press conferences or bill signings</a> on at least four other occasions since March 2020, including an incident in April when both Stern and Kennedy were forcefully removed from a press conference with DeSantis and Lt. Gov. Jeanette Nuñes. The Tracker documented that incident <a href=\"https://pressfreedomtracker.us/all-incidents/two-occupy-democrats-journalists-removed-from-press-conference-with-florida-governor/\">here</a>.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Florida", "abbreviation": "FL" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [ "State government: Governor" ], "authors": [], "categories": [ "Denial of Access" ], "targeted_journalists": [ "Grant Stern (Occupy Democrats)", "Thomas Kennedy (Occupy Democrats)" ], "subpoena_statuses": [], "type_of_denial": [ "Government event" ] }, { "title": "Ransomware attack delays two daily newspapers in Utah", "url": "https://pressfreedomtracker.us/all-incidents/ransomware-attack-delays-two-daily-newspapers-in-utah/", "first_published_at": "2022-09-13T15:16:07.362175Z", "last_published_at": "2022-09-28T15:54:20.118316Z", "latest_revision_created_at": "2022-09-28T15:54:20.060245Z", "date": "2022-09-05", "exact_date_unknown": false, "city": "Ogden", "longitude": -111.97383, "latitude": 41.223, "body": "<div class=\"block-rich_text\"><p data-block-key=\"3janp\">Two Utah newspapers — the Standard-Examiner and its sister paper, the Provo Daily Herald — were forced to delay the delivery of daily print newspapers after a ransomware attack targeted the Standard-Examiner’s computer network on Sept. 5, 2022.</p><p data-block-key=\"c88me\">The Standard-Examiner <a href=\"https://www.standard.net/news/local/2022/sep/06/ransomware-attack-hits-standard-examiner-delays-tuesday-paper/?fbclid=IwAR241AupgTtQDeq2DeM7iNahgGwtBx-aROnrPmhUDc3eD56B6evlEK_Z7FQ\">reported</a> that the attack, which caused an outage at the newspapers’ shared plant in Ogden, was believed to have come from an infected email sent by unknown intruders.</p><p data-block-key=\"edch1\">In ransomware attacks, hackers use malicious software, or “malware,” to seize control of a company’s IT and digital assets and demand the company pay a ransom for their return.</p><p data-block-key=\"cduud\">The Standard-Examiner reported that its IT staff initially detected the intrusion on Sept. 5, after the system had already been compromised, delaying the newspapers’ Sept. 6 print edition until the following day.</p><p data-block-key=\"2l90f\">The Standard-Examiner’s website and digital newspaper, standard.net, were not affected by the attack, according to the outlet. Tim Swietek, information technology director for Ogden Newspapers of Utah, told the Standard-Examiner that the intruders did not gain access to the cloud computers containing most of the newspaper’s data.</p><p data-block-key=\"fa5q9\">The compromised computer network was repaired the next day, Swietek told the Standard-Examiner, and normal printing resumed.</p><p data-block-key=\"bolkj\">Neither the Standard-Examiner nor the Daily Herald responded to requests for comment.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Utah", "abbreviation": "UT" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [ "Provo Daily Herald", "Standard-Examiner" ], "tags": [ "cyberattack" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Other Incident" ], "targeted_journalists": [], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Devices illegally seized in investigation of reporter’s murder, Review-Journal argues", "url": "https://pressfreedomtracker.us/all-incidents/devices-illegally-seized-in-investigation-of-reporters-murder-review-journal-argues/", "first_published_at": "2022-09-27T17:41:09.041418Z", "last_published_at": "2024-02-29T19:10:27.753285Z", "latest_revision_created_at": "2024-02-29T19:10:27.606479Z", "date": "2022-09-03", "exact_date_unknown": true, "city": "Las Vegas", "longitude": -115.13722, "latitude": 36.17497, "body": "<div class=\"block-rich_text\"><p data-block-key=\"vg957\">The Las Vegas Review-Journal filed a motion for a protective order on Sept. 26, 2022, arguing that authorities should be barred from searching the electronic devices seized as part of the investigation into the murder of reporter Jeff German.</p><p data-block-key=\"914sm\">German, who had covered crime and political corruption in Las Vegas for more than 40 years, was <a href=\"https://pressfreedomtracker.us/all-incidents/county-official-arrested-in-stabbing-death-of-las-vegas-journalist/\">stabbed outside his home</a> on Sept. 2. Clark County Public Administrator Robert Telles was arrested on suspicion of murder less than a week later and is being held without bail awaiting trial.</p><p data-block-key=\"387qk\">According to court filings reviewed by the U.S. Press Freedom Tracker, both Clark County Sheriff Joe Lombardo and Clark County District Attorney Steve Wolfson contacted the Review-Journal, alerting the newspaper to the seizure of German’s devices and requesting a waiver to allow authorities to search them.</p><p data-block-key=\"dagbf\">The Clark County District Attorney’s Office did not respond to an emailed request for comment.</p><p data-block-key=\"2591i\">In total, officers seized an iPhone, three iMacs, a Macbook and an external hard drive from German’s home, according to the motion. The Las Vegas Metropolitan Police Department told the newspaper in writing on Sept. 16 that the devices had not been searched and would not be until the court issued an order authorizing the review.</p><p data-block-key=\"5gsmi\">Ashley Kissinger, an attorney representing the newspaper, sent a letter to the Metro Police Department, the Clark County public defender representing Telles and the District Attorney’s Office on Sept. 21 listing their concerns and requesting a call to further discuss the issue. Kissinger sent a follow up letter two days later proposing a resolution before resorting to filing a motion for a protective order.</p><p data-block-key=\"4dmv4\">When reached for comment, Review-Journal Executive Editor Glenn Cook provided a copy of the motion and declined to comment further.</p><p data-block-key=\"3tenr\">The letters and the motion filed on the Review-Journal’s behalf on Sept. 26 argue that German’s contacts, communications and work product are protected from seizure and review under Nevada’s shield law and the federal <a href=\"https://www.justice.gov/archives/jm/criminal-resource-manual-661-privacy-protection-act-1980\">Privacy Protection Act</a>.</p><p data-block-key=\"7kctr\">“The Review-Journal appreciates the efforts of law enforcement to investigate the murder of Mr. German, and of all those seeking to ensure that justice is done for this horrific crime,” the motion states. “However, the newspaper has serious and urgent concerns about the protection of confidential sources and other unpublished journalistic work product contained in the Seized Devices.”</p><p data-block-key=\"967bt\">The motion further requests that the court allow the Review-Journal to review the devices, identify the newsgathering materials contained on them and determine whether it wishes to waive its privilege concerning any of the files.</p><p data-block-key=\"46pui\">The Committee to Protect Journalists, a founding partner of the Tracker, <a href=\"https://cpj.org/2022/09/cpj-supports-las-vegas-review-journals-efforts-to-protect-slain-reporters-unpublished-source-material/\">expressed its support</a> for the newspaper.</p><p data-block-key=\"59d5j\">“A murder investigation should not be used as a pretext to access unreported source material that should be protected by both the First Amendment and Nevada’s shield law,” CPJ U.S. and Canada Program Coordinator Katherine Jacobsen said in a statement. “If law enforcement were to gain access to decades of Jeff German’s unpublished work, including sensitive source material, it would make an already difficult situation even worse.”</p><p data-block-key=\"flsd3\">According to the court filing, a hearing on the motion is scheduled for Sept. 28.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/German_motion.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"7f134\">A portion of the motion filed on behalf of the Las Vegas Review-Journal seeking to protect the newsgathering materials contained on multiple devices seized from slain reporter Jeff German’s home in September 2022.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": "A-22-859361-C", "case_type": "CIVIL", "status_of_seized_equipment": "in custody", "is_search_warrant_obtained": true, "actor": "law enforcement", "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": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": "warrant", "legal_order_venue": "State", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [ { "quantity": 1, "equipment": "cellphone" }, { "quantity": 4, "equipment": "computer" }, { "quantity": 1, "equipment": "storage device" } ], "equipment_broken": [], "state": { "name": "Nevada", "abbreviation": "NV" }, "updates": [ "(2022-10-11 15:26:00+00:00) Judge grants injunction barring searching slain reporter’s devices until agreement reached", "(2022-11-15 13:47:00+00:00) Judges side with Review-Journal in series of rulings on seizure of slain reporter’s devices", "(2022-10-05 11:34:00+00:00) Judge grants Review-Journal emergency protective order against searching slain reporter’s devices", "(2024-01-25 14:43:00+00:00) Review-Journal staff authorized to search slain reporter’s devices", "(2022-10-19 12:05:00+00:00) Injunction to be heard by Nevada Supreme Court following police department appeal", "(2023-10-05 15:04:00+00:00) Nevada top court says search protocol in Jeff German case violates privilege", "(2022-12-16 14:30:00+00:00) Review-Journal files for sanctions after learning that police searched journalist’s phone", "(2023-01-25 15:40:00+00:00) Judge denies sanctions against the Las Vegas police for search slain reporter’s phone" ], "case_statuses": [ "ongoing" ], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Equipment Search or Seizure", "Subpoena/Legal Order" ], "targeted_journalists": [ "Jeff German (Las Vegas Review-Journal)" ], "subpoena_statuses": [], "type_of_denial": [] }, { "title": "County official arrested in stabbing death of Las Vegas investigative journalist", "url": "https://pressfreedomtracker.us/all-incidents/county-official-arrested-in-stabbing-death-of-las-vegas-journalist/", "first_published_at": "2022-09-08T14:30:50.435711Z", "last_published_at": "2024-02-29T19:10:46.592018Z", "latest_revision_created_at": "2024-02-29T19:10:46.442310Z", "date": "2022-09-02", "exact_date_unknown": false, "city": "Las Vegas", "longitude": -115.13722, "latitude": 36.17497, "body": "<div class=\"block-rich_text\"><p data-block-key=\"pupxg\">On Sept. 7, 2022, Las Vegas police arrested a public official on suspicion of murdering a Las Vegas Review-Journal journalist, <a href=\"https://www.reviewjournal.com/crime/homicides/police-arrest-county-official-in-reporters-stabbing-death-2635486/\">according to the outlet</a>.</p><p data-block-key=\"30ni2\">Investigative reporter Jeff German was found fatally stabbed outside of his home on the morning of Sept. 3, with police saying they believe he was attacked the previous morning. In the <a href=\"https://www.reviewjournal.com/crime/homicides/review-journal-investigative-reporter-jeff-german-killed-outside-home-2634323/\">report of his death</a>, Review-Journal Executive Editor Glenn Cook said German had never communicated concerns about his personal safety or threats made against him.</p><p data-block-key=\"flmun\">On Sept. 6, LVMPD <a href=\"https://www.reviewjournal.com/crime/homicides/police-release-images-of-suspect-in-reporters-slaying-seek-footage-2634614/\">released two images</a> during a news conference, including one of a suspect next to a vehicle. Later that evening, <a href=\"https://www.reviewjournal.com/crime/homicides/police-arrest-county-official-in-reporters-stabbing-death-2635486/\">according to the Review-Journal</a>, reporters for the outlet observed Clark County Public Administrator Robert Telles in his driveway next to a vehicle matching the description.</p><p data-block-key=\"akh1a\">German had published a series of <a href=\"https://www.reviewjournal.com/investigations/county-office-in-turmoil-with-secret-video-and-claims-of-bullying-hostility-2577147/\">investigations</a> into Telles beginning in May which revealed a hostile work environment characterized by bullying, retaliation and an “inappropriate relationship” between Telles and a staffer during his oversight of the public administrator’s office.</p><p data-block-key=\"cbcr3\">On Sept. 7, the Las Vegas Metropolitan Police Department searched Telles’ home and arrested him that evening, <a href=\"https://www.reviewjournal.com/investigations/who-is-county-official-robert-telles-2635614/\">according to the Review-Journal</a>.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">TELLES ARRESTED: Police have arrested Clark County Public Administrator Robert Telles on Wednesday on suspicion of murder of Las Vegas Review Journal investigative reporter Jeff German, according to <a href=\"https://twitter.com/LVMPD?ref_src=twsrc%5Etfw\">@LVMPD</a> Sheriff Joe Lombardo. <a href=\"https://twitter.com/hashtag/RJNow?src=hash&amp;ref_src=twsrc%5Etfw\">#RJNow</a> <a href=\"https://t.co/V4IqE7euZP\">pic.twitter.com/V4IqE7euZP</a></p>&mdash; James Schaeffer (@jamesmschaeffer) <a href=\"https://twitter.com/jamesmschaeffer/status/1567691946965233664?ref_src=twsrc%5Etfw\">September 8, 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=\"pupxg\">“The arrest of Robert Telles is at once an enormous relief and an outrage for the Review-Journal newsroom,” Executive Editor Cook said in a statement to the U.S. Press Freedom Tracker. “We are relieved Telles is in custody and outraged that a colleague appears to have been killed for reporting on an elected official. Journalists can’t do the important work our communities require if they are afraid a presentation of facts could lead to violent retribution. We thank Las Vegas police for their urgency and hard work and for immediately recognizing the terrible significance of Jeff’s killing. Now, hopefully, the Review-Journal, the German family and Jeff’s many friends can begin the process of mourning and honoring a great man and a brave reporter.”</p><p data-block-key=\"bh5dt\">Telles is being held on suspicion of murder and has a court appearance scheduled on Sept. 8, according to online Clark County Jail records reviewed by the Tracker.</p><p data-block-key=\"99ov7\">As of publication, LVMPD and the Review-Journal could not be reached for comment.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/image_ExDg1DK.2e16d0ba.fill-1330x880.png", "primary_video": null, "image_caption": "<p data-block-key=\"ubmb1\">Las Vegas Review-Journal investigative journalist Jeff German, photographed on Las Vegas’ Strip in June 2021, was killed outside his home on Sept. 2, 2022. A county official has been charged with his murder.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": "politician", "was_journalist_targeted": "yes", "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Nevada", "abbreviation": "NV" }, "updates": [ "(2022-09-08 14:22:00+00:00) Las Vegas police say evidence ties county official to murder of Review-Journal journalist", "(2022-10-26 13:33:00+00:00) County official pleads not guilty in the murder of Las Vegas journalist", "(2022-11-02 10:57:00+00:00) Trial date set for county official charged in the murder of Las Vegas journalist", "(2022-10-18 12:07:00+00:00) County official accused of stabbing death of Las Vegas journalist denied bail", "(2022-10-19 13:37:00+00:00) County official charged with murder of Las Vegas journalist, faces possible death penalty", "(2023-02-01 16:38:00+00:00) Trial postponed for county official charged in stabbing death of Review-Journal reporter" ], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [ "killed" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Jeff German (Las Vegas Review-Journal)" ], "subpoena_statuses": [], "type_of_denial": [] }, { "title": "California journalism adviser threatened with suspension, rescinded after appeal", "url": "https://pressfreedomtracker.us/all-incidents/california-journalism-advisor-threatened-with-suspension-rescinded-after-appeal/", "first_published_at": "2022-09-19T20:31:03.727845Z", "last_published_at": "2024-02-29T15:11:45.503801Z", "latest_revision_created_at": "2024-02-29T15:11:45.338455Z", "date": "2022-09-01", "exact_date_unknown": false, "city": "Lake Balboa", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"ptx2y\">The suspension of a journalism adviser at a high school in Lake Balboa, California, was rescinded on Sept. 16, 2022 following a lengthy conflict with school administrators.</p><p data-block-key=\"156bb\">Daniel Pearl Magnet High School’s journalism adviser, Adriana Chavira, was given an unpaid three-day suspension on Sept. 1, after Chavira repeatedly denied school administrators&#x27; requests that she remove a librarian’s name from a fall 2021 student story about a vaccine mandate protest, the <a href=\"https://www.latimes.com/california/story/2022-09-08/los-angeles-daniel-pearl-high-school-journalism-advisor-faces-suspension\">Los Angeles Times reported</a>.</p><p data-block-key=\"cjag3\">Chavira, ​a former reporter and longtime journalism adviser at the high school, told the U.S. Press Freedom Tracker that she left the name in the story because the student journalists didn’t want it removed.</p><p data-block-key=\"7u2p8\">“It’s a student-run publication,” Chavira said. “I read the stories before they’re posted, but the students are the ones who ultimately write the headlines, post them and make it live. I don’t do that.”</p><p data-block-key=\"cdmj8\">The <a href=\"https://www.thepearlpost.com/27098/showcase/school-staff-vaccine-mandate-sparks-protests-causes-librarian-to-leave/\">original report</a> about people protesting the school district’s vaccination mandate was published in November 2021. The article named a librarian who had refused to be vaccinated and left the school because of the mandate, causing the school library to close.</p><p data-block-key=\"8eue1\">Chavira said she received an email from the librarian in mid-November asking that her name be taken out of the story. Chavira forwarded the email to the Pearl Post’s student journalists, who consulted with the Student Press Law Center and decided not to remove the name given its newsworthiness.</p><p data-block-key=\"av322\">Mike Hiestand, senior legal counsel for the SPLC, said that California has the oldest law protecting students’ First Amendment rights in the country. The law, <a href=\"https://splc.org/1977/02/california-student-free-expression-law-includes-adviser-protection-provision/\">Education Code 48907</a>, also protects journalism advisers from retaliation.</p><p data-block-key=\"7b91\">“It’s such an easy legal case,” Hiestand said. “And I really am befuddled by why the district has taken the stance that it has.”</p><p data-block-key=\"2dacp\">In a statement emailed to the Tracker before the suspension was rescinded, a Los Angeles Unified School District spokesperson said they were unable to address ongoing personnel matters. “We will continue to support our students and their journalistic endeavors at Daniel Pearl Magnet High School while also respecting the concerns of our school community.”</p><p data-block-key=\"fhsdf\">Chavira said she received her first email from school administrators threatening disciplinary action if the name wasn’t taken out of the story in January 2022. In a months-long back-and-forth, she said, the school would repeatedly give her deadlines to remove the name. She repeatedly ignored them, arguing that it was up to the students’ discretion.</p><p data-block-key=\"4kbto\">The suspension, which Chavira said would have been handed down in June 2022 if the school’s principal hadn&#x27;t fallen ill at the end of the school year, came three weeks into the fall 2022 semester. According to Chavira, the school completely ignored the law protecting the student publication and framed the suspension as an issue of insubordination.</p><p data-block-key=\"1l18k\">Backed by the California Teachers Association, journalists and press freedom advocates around the country, Chavira’s suspension was rescinded following an appeal hearing on Sept. 16, <a href=\"https://www.latimes.com/california/story/2022-09-17/suspension-rescinded-for-l-a-journalism-teacher-who-refused-to-censor-student-article\">the Times reported.</a> Supporters also include the father of Daniel Pearl, the slain reporter after whom the school is named. In <a href=\"https://lapressclub.org/pearl-family-la-press-club-share-support-high-school-journalism-advisor/\">an LA Press Club statement</a>, Judea Pearl, who is also the president of his son’s namesake foundation, praised the journalism adviser for inspiring her students.</p><p data-block-key=\"2o9rf\">In her <a href=\"https://twitter.com/adrianachavira/status/1570981832350658563\">tweet</a> celebrating the successful appeal, Chavira thanked the many supporters.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">🧵My suspension has been rescinded! You have no idea how relieved I am! I am grateful to the many journalism organizations &amp; people who supported my students &amp; me throughout this ordeal. Yes, I wore this <a href=\"https://twitter.com/hashtag/FirstAmendment?src=hash&amp;ref_src=twsrc%5Etfw\">#FirstAmendment</a> shirt to my appeal meeting on Zoom today. (1/6) <a href=\"https://t.co/TaSZPaUS7U\">pic.twitter.com/TaSZPaUS7U</a></p>&mdash; Adriana Chavira (@adrianachavira) <a href=\"https://twitter.com/adrianachavira/status/1570981832350658563?ref_src=twsrc%5Etfw\">September 17, 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=\"ptx2y\">“The district should never have attempted to censor my students and discipline me,” Chavira wrote. “All along, I knew we were in the right and I&#x27;m proud of my students for holding their ground, too.”</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "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": [ "The Pearl Post" ], "tags": [ "coronavirus", "student journalism" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Other Incident" ], "targeted_journalists": [], "subpoena_statuses": [], "type_of_denial": [] }, { "title": "Judge quashes subpoena of opinion editor as part of Flint water suit", "url": "https://pressfreedomtracker.us/all-incidents/judge-quashes-subpoena-of-opinion-editor-as-part-of-flint-water-suit/", "first_published_at": "2022-11-30T21:20:30.396420Z", "last_published_at": "2023-06-29T16:12:03.730019Z", "latest_revision_created_at": "2023-06-29T16:12:03.600171Z", "date": "2022-09-01", "exact_date_unknown": false, "city": "Ann Arbor", "longitude": -83.74088, "latitude": 42.27756, "body": "<div class=\"block-rich_text\"><p data-block-key=\"zdgol\">Two Detroit News editors were issued subpoenas on Sept. 1, 2022, as part of ongoing litigation around the contamination of the water system in Flint, Michigan. The subpoenas, which ordered Opinion Editor Brendan Clarey and Editor and Publisher Gary Miles to turn over documents and sit for depositions, were subsequently quashed.</p><p data-block-key=\"fr1ij\">The Detroit News had published an opinion piece on Aug. 31 that criticized a lawsuit brought against two engineering firms for their alleged role in the water crisis. Earlier that month, a federal judge had declared a mistrial in the case.</p><p data-block-key=\"c6aps\">The <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.3.pdf\">subpoenas</a>, issued by the plaintiff’s after the mistrial, sought all communications and newsgathering material related to the op-ed, which was written by the president of The American Tort Reform Association. The subpoenas also specifically sought information about the editorial process for the op-ed and whether one of the engineering firms was involved in placing the piece.</p><p data-block-key=\"7mc47\">Miles, who responded to the U.S. Press Freedom Tracker’s request for comment, said that at first they didn’t know that Clarey had also been issued a subpoena because he was on family leave. The Tracker has documented Miles’ subpoena <a href=\"/all-incidents/two-detroit-news-editors-subpoenaed-as-part-of-flint-water-suit/\">here</a>.</p><p data-block-key=\"8b80b\">Miles said that before the op-ed was published, a reporter at the newspaper had contacted the plaintiffs’ attorney for comment on a separate news story, which concerned a possible public relations campaign being waged by the defendants.</p><p data-block-key=\"fs4uv\">Miles said that, while he doesn’t know the rationale of the plaintiffs’ lawyers, it’s possible they feared or suspected the news organization was being co-opted by defendants, because the op-ed ran before the news story was published.</p><p data-block-key=\"8vv5e\">Plaintiffs’ attorney Corey Stern issued the subpoenas and <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.5.pdf\">sent a letter</a> to The Detroit News’ attorneys on Sept. 1, accusing the newspaper of publishing defamatory claims about him and of conspiring with the defendants in the suit.</p><p data-block-key=\"6hj2a\">Attorneys for Clarey and Miles filed a <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.0.pdf\">motion to quash</a> on Oct. 17.</p><p data-block-key=\"9vd9e\">“The burden on Mr. Miles and Mr. Clarey to attend depositions and produce documents is great, as it potentially requires them to produce confidential, unpublished material and communications,” the motion stated. “Allowing access to these materials and communications from a journalist will severely inhibit the flow of accurate information to the interested public.”</p><p data-block-key=\"boltt\">District Judge Judith Levy <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2267.0_1.pdf\">ruled</a> in favor of the journalists on Nov. 17.</p><p data-block-key=\"7urnd\">“While there are certainly some circumstances where it would be appropriate for a party to take third-party discovery from a media outlet,” Levy wrote in her ruling, “this is not one of them.”</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/Clarey_subpoena.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"heiej\">A portion of the motion filed on behalf of Detroit News editors Gary Miles and Brendan Clarey seeking to quash the subpoenas issued them by plaintiffs in an ongoing Flint water crisis lawsuit on Sept. 1, 2022.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": "journalist communications or work product", "name_of_business": null, "third_party_business": null, "legal_order_type": "subpoena", "legal_order_venue": "Federal", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Michigan", "abbreviation": "MI" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Subpoena/Legal Order" ], "targeted_journalists": [ "Brendan Clarey (Detroit News)" ], "subpoena_statuses": [ "quashed" ], "type_of_denial": null }, { "title": "Two Detroit News editors subpoenaed as part of Flint water suit", "url": "https://pressfreedomtracker.us/all-incidents/two-detroit-news-editors-subpoenaed-as-part-of-flint-water-suit/", "first_published_at": "2022-11-30T21:22:33.975137Z", "last_published_at": "2023-06-29T16:12:20.772099Z", "latest_revision_created_at": "2023-06-29T16:12:20.659204Z", "date": "2022-09-01", "exact_date_unknown": false, "city": "Ann Arbor", "longitude": -83.74088, "latitude": 42.27756, "body": "<div class=\"block-rich_text\"><p data-block-key=\"9u4y7\">Two Detroit News editors were issued subpoenas on Sept. 1, 2022, as part of ongoing litigation around the contamination of the water system in Flint, Michigan. The subpoenas, which ordered Editor and Publisher Gary Miles and Opinion Editor Brendan Clarey to turn over documents and sit for depositions, were subsequently quashed.</p><p data-block-key=\"5os4\">The Detroit News had published an opinion piece on Aug. 31 that criticized a lawsuit brought against two engineering firms for their alleged role in the water crisis. Earlier that month, a federal judge had declared a mistrial in the case.</p><p data-block-key=\"3q2j\">The <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.3.pdf\">subpoenas</a>, issued by the plaintiffs after the mistrial, sought all communications and newsgathering material related to the op-ed, which was written by the president of The American Tort Reform Association. The subpoenas also specifically sought information about the editorial process for the op-ed and whether one of the engineering firms was involved in placing the piece.</p><p data-block-key=\"brj5s\">Editor and Publisher Miles told the U.S. Press Freedom Tracker that before the op-ed was published, a reporter at the newspaper had contacted the plaintiffs’ attorney for comment on a separate news story, which concerned a possible public relations campaign being waged by the defendants.</p><p data-block-key=\"cm62c\">Miles said that, while he doesn’t know the rationale of the plaintiffs’ lawyers, it’s possible they feared or suspected the news organization was being co-opted by defendants, because the op-ed ran before the news story was published.</p><p data-block-key=\"dnr6u\">“They also might have simply seen the timing of the op-ed as another glaring example of the defendants trying to influence a prospective jury before it was seated for retrial,” he said.</p><p data-block-key=\"ebega\">Plaintiffs’ attorney Corey Stern issued the subpoenas and <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.5.pdf\">sent a letter</a> to The Detroit News’ attorneys on Sept. 1, accusing the newspaper of publishing defamatory claims about him and of conspiring with the defendants in the suit.</p><p data-block-key=\"5o2q2\">An attorney representing Miles sent a <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.6.pdf\">letter to Stern</a> on Sept. 27, stating that Miles would not comply with the subpoena and that they’d file a motion to quash the request if the plaintiffs refused to withdraw it.</p><p data-block-key=\"hou4\">“You are attempting to use the discovery process in an ongoing litigation to investigate your own meritless defamation claims,” the letter said. “This is an improper use of the discovery process, and we are confident the Court will not endorse this type of fishing expedition in the context of the ongoing Flint Water Litigation.”</p><p data-block-key=\"aeda5\">Miles told the Tracker that at first they didn’t know that Opinion Editor Clarey had also been issued a subpoena, as he was on family leave. The Tracker has documented Clarey’s subpoena <a href=\"https://pressfreedomtracker.us/all-incidents/judge-quashes-subpoena-of-opinion-editor-as-part-of-flint-water-suit/\">here</a>.</p><p data-block-key=\"6c0uu\">The plaintiffs refused to withdraw their subpoenas, and attorneys for Clarey and Miles filed a <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2233.0.pdf\">motion to quash</a> on Oct. 17.</p><p data-block-key=\"ao0em\">“The burden on Mr. Miles and Mr. Clarey to attend depositions and produce documents is great, as it potentially requires them to produce confidential, unpublished material and communications,” the motion stated. “Allowing access to these materials and communications from a journalist will severely inhibit the flow of accurate information to the interested public.”</p><p data-block-key=\"e87h7\">District Judge Judith Levy <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.mied.308134/gov.uscourts.mied.308134.2267.0_1.pdf\">ruled</a> in favor of the journalists on Nov. 17.</p><p data-block-key=\"2kcgl\">“While there are certainly some circumstances where it would be appropriate for a party to take third-party discovery from a media outlet,” Levy wrote in her ruling, “this is not one of them.”</p><p data-block-key=\"6t8j9\">Miles told the Tracker he was pleased with the judge’s ruling, and he hopes that it will set a precedent for protecting journalists from being targeted with similar fishing expeditions.</p><p data-block-key=\"7t5ji\">“Even though there’s an expense to fighting off a subpoena like this, I think that’s ultimately the reward,” Miles said. “You can’t use the media to do your discovery, because the media has to have some manner of independence from the discovery in civil lawsuits so we’re not seen as an arm of one side or another.”</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/Miles_subpoena.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"bcj8z\">A portion of the subpoena issued to Detroit News Editor and Published Gary Miles on Sept. 1, 2022. The subpoena sought communications, work product and testimony in connection with an ongoing Flint water crisis lawsuit.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": "journalist communications or work product", "name_of_business": null, "third_party_business": null, "legal_order_type": "subpoena", "legal_order_venue": "Federal", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Michigan", "abbreviation": "MI" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Subpoena/Legal Order" ], "targeted_journalists": [ "Gary Miles (Detroit News)" ], "subpoena_statuses": [ "quashed" ], "type_of_denial": null }, { "title": "Independent journalist shot with pepper ball at Modesto protest", "url": "https://pressfreedomtracker.us/all-incidents/independent-journalist-shot-with-pepper-ball-at-modesto-protest/", "first_published_at": "2022-09-07T20:42:42.812265Z", "last_published_at": "2023-12-06T16:44:57.613488Z", "latest_revision_created_at": "2023-12-06T16:44:57.511067Z", "date": "2022-08-27", "exact_date_unknown": false, "city": "Modesto", "longitude": -120.99688, "latitude": 37.6391, "body": "<div class=\"block-rich_text\"><p data-block-key=\"m8qxb\">Independent journalist Jake Lee Green was shot with a crowd-control munition while documenting the clash of protesters and counterprotesters at a National Straight Pride Coalition event in Modesto, California, on Aug. 27, 2022.</p><p data-block-key=\"cpeut\">Green told the U.S. Press Freedom Tracker he was on assignment for News2Share, a collective that sells footage to news outlets, to document the fourth annual “straight pride” parade outside of a Planned Parenthood. Though the event didn’t take place — because LGBTQ+ rights activists arrived before them to stop it — the demonstrators and counterprotesters began to clash, with some brawling in the street.</p><p data-block-key=\"2sh67\">The Modesto Police Department <a href=\"https://www.modbee.com/news/local/article264994959.html\">told The Modesto Bee</a> it declared the event an “unlawful gathering” after a bush caught fire. MPD officers and Stanislaus County Sheriff’s deputies formed a line pushing the counterprotesters back, according to the Bee.</p><p data-block-key=\"acn83\">Green said he and other colleagues asked police officers where to be, and they were told they had to “go with the crowd.”</p><p data-block-key=\"skum\">“We kept constantly trying to let them know that we were press and even when we tried to cross the street to get out of the crowd so we could differentiate ourselves from them, the police ended up taking over the entire street and pushing the entire street out and away,” Green said.</p><p data-block-key=\"52jvo\">Green told the Tracker he had been photographing a group of young activists at the police line who were being struck with batons and shot with pepper balls during the forced dispersal at around 11:15 a.m. According to Green, that’s when an MPD officer shot him with a pepper ball munition.<br/></p><p data-block-key=\"8u96p\">“I was focused on that group of people because I saw that [the officer] was shooting at them, I wasn’t actually necessarily paying attention to him although he was in the frame,” Green said. “And while I was focused on them he must have turned to me and shot toward my left pretty indiscriminately.”</p><p data-block-key=\"a83o9\">Green told the Tracker he was carrying a professional camera and had attached his press credentials to his hat so that they could be easily seen. He said that the officer wasn’t being careful enough to notice that he was a member of the press or did notice and decided to fire at him anyway.</p><p data-block-key=\"de8bs\">When things calmed down shortly after, Green checked his wound. “I thought, ‘OK, I’m bleeding a little bit but not too bad,’ and I continued to do my work throughout the day.”</p><p data-block-key=\"7qlmk\">MPD did not respond to a call requesting comment.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/Jake_Lee_Green.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"bprv9\">Independent journalist Jake Lee Green was shot in the leg with a pepper ball, a type of crowd-control munition, while documenting a ‘straight pride’ event and counterprotest in Modesto, California, on Aug. 27, 2022.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": "law enforcement", "was_journalist_targeted": "unknown", "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "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": [], "tags": [ "chemical irritant", "LGBTQ+ rights", "protest", "shot / shot at" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Jake Lee Green (News2Share)" ], "subpoena_statuses": [], "type_of_denial": [] }, { "title": "Student journalist hit with police baton, pepper-sprayed at Puerto Rico protest", "url": "https://pressfreedomtracker.us/all-incidents/student-journalist-pepper-sprayed-hit-with-police-baton-while-covering-protests-in-puerto-rico/", "first_published_at": "2022-09-14T14:09:24.980118Z", "last_published_at": "2022-10-13T19:29:35.730473Z", "latest_revision_created_at": "2022-10-13T19:29:35.664288Z", "date": "2022-08-25", "exact_date_unknown": false, "city": "San Juan", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"828f1\">Student journalist Diego Berrios told the U.S. Press Freedom Tracker that he was assaulted on Aug. 25, 2022, by a law enforcement officer while covering ongoing protests in San Juan, Puerto Rico.</p><p data-block-key=\"cuoci\">Berrios, a student at the University of Puerto Rico who reports for <a href=\"https://pulsoestudiantil.com/\">Pulso Estudiantil</a>, told the Tracker in Spanish that he was in the island’s historic district covering demonstrations denouncing LUMA Energy, the private company contracted to take over the island’s electricity grid.</p><p data-block-key=\"7ernh\">Reuters reported that hundreds of protesters <a href=\"https://www.reuters.com/world/americas/hundreds-protest-demand-puerto-rico-scrap-contract-with-power-grid-operator-2022-07-20/\">marched in the streets</a> in a call for government officials to end a 15-year contract with the energy company after years of recurring blackouts and rising power costs.</p><p data-block-key=\"dsh60\">Berrios said that evening he followed other journalists documenting protesters clashing with a line of police officers near a permanent barrier that had been erected after the <a href=\"https://www.latinorebels.com/2019/07/26/rossellofalls/\">2019 protests</a> that ousted the then-governor.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"es\" dir=\"ltr\">[AHORA] Cientos de manifestantes acuden a la calle Fortaleza en protesta contra <a href=\"https://twitter.com/hashtag/LUMAEnergy?src=hash&amp;ref_src=twsrc%5Etfw\">#LUMAEnergy</a>. El reclamo principal de la protesta es la cancelación del contrato con la compañía de servicio energético. <a href=\"https://t.co/vPMrYMHng4\">pic.twitter.com/vPMrYMHng4</a></p>&mdash; Pulso Estudiantil (@PulsoEST) <a href=\"https://twitter.com/PulsoEST/status/1562924017463562243?ref_src=twsrc%5Etfw\">August 25, 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=\"828f1\">“I was standing with all the other photojournalists and reporters when the police officers arrested a couple of protesters,” Berrios said. “That’s when one police officer released pepper spray into the crowd.”</p><p data-block-key=\"99qje\">Berrios told the Tracker he saw independent journalist Carlos Edill Berríos Polanco get hit directly with the irritant, an <a href=\"https://pressfreedomtracker.us/all-incidents/independent-journalist-pepper-sprayed-covering-protests-in-puerto-rico/\">incident the Tracker documented here</a>. The spray covered Berrios’ camera lens and the front of his T-shirt.</p><p data-block-key=\"7hiu7\">Police officers then ordered the crowd to disperse, Berrios said, and he followed the protesters away from the barricade. He identified himself as a journalist multiple times to police officers who were demanding that he leave the area.</p><p data-block-key=\"3hs6d\">“At that point, I was with a group of photojournalists documenting altercations between the police and the protesters,” Berrios said. “Suddenly, a line of officers started aggressively coming toward us, despite us telling them we were journalists.”</p><p data-block-key=\"ul6c\">That’s also when Berrios captured the assault of NotiCel photojournalist Juan Costa by law enforcement, an incident the Tracker has documented <a href=\"https://pressfreedomtracker.us/all-incidents/noticel-photojournalist-assaulted-by-police-while-covering-protests-in-puerto-rico/\">here</a>.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"es\" dir=\"ltr\"><a href=\"https://twitter.com/hashtag/LUMAEnergy?src=hash&amp;ref_src=twsrc%5Etfw\">#LUMAEnergy</a> | Fuerza de choque agrede a miembros de la prensa en la protesta de la calle Fortaleza. <a href=\"https://t.co/vgLhkl797S\">pic.twitter.com/vgLhkl797S</a></p>&mdash; Pulso Estudiantil (@PulsoEST) <a href=\"https://twitter.com/PulsoEST/status/1562978397651075072?ref_src=twsrc%5Etfw\">August 26, 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=\"828f1\">Berrios said he tried moving away from the advancing police officers to an area that had been cleared, but they continued to follow him.</p><p data-block-key=\"c74q9\">“I was backing away and even put a chair between the officer and me to create some space, but the officer caught up with me, hit my arm with his police baton, knocked my phone to the ground and then pushed me down.”</p><p data-block-key=\"f88pi\">As he got up and collected his phone, which sustained a small crack, Berrios said he touched the pepper spray-covered T-shirt and then wiped his eyes. He said he immediately went down in pain until demonstrators came and poured milk in my eyes to get the pepper spray out.</p><p data-block-key=\"29r90\">“It was my first time covering a protest that became violent, so I was really nervous — I was shaking,” Berrios said. “But I saw that other photojournalists stayed, so I felt like it was my job to stay, too.”</p><p data-block-key=\"b724q\">In a press conference held the following day, Police Commissioner Antonio López Figueroa expressed his regret for the incidents and said claims of violence by the police toward journalists would be investigated.</p><p data-block-key=\"kvot\">Berrios said he didn’t believe much would come from the commissioner’s statement.</p><p data-block-key=\"36t9l\">“I feel like our claims were not taken seriously because there haven’t been any consequences for the officers involved in incidents that night,” he said.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "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_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Puerto Rico", "abbreviation": "PR" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [ "protest" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Diego Berrios (Pulso Estudiantil)" ], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Independent journalist pepper-sprayed covering protests in Puerto Rico", "url": "https://pressfreedomtracker.us/all-incidents/independent-journalist-pepper-sprayed-covering-protests-in-puerto-rico/", "first_published_at": "2022-09-09T17:53:04.936253Z", "last_published_at": "2023-12-01T17:16:49.722701Z", "latest_revision_created_at": "2023-12-01T17:16:49.563934Z", "date": "2022-08-25", "exact_date_unknown": false, "city": "San Juan", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"wrppp\">An independent journalist was pepper-sprayed by law enforcement officers while covering protests on Aug. 25, 2022, in Old San Juan, Puerto Rico.</p><p data-block-key=\"c6hfh\">Carlos Edill Berríos Polanco told the U.S. Press Freedom Tracker that protests in Puerto Rico’s historic district started off calmly, as individuals gathered to hear speakers denounce LUMA Energy, the private company contracted to take over the island’s electricity grid.</p><p data-block-key=\"scfh\">Reuters reported that hundreds of protesters <a href=\"https://www.reuters.com/world/americas/hundreds-protest-demand-puerto-rico-scrap-contract-with-power-grid-operator-2022-07-20/\">marched in the streets</a> in a call for government officials to end a 15-year contract with the energy company after years of recurring blackouts and rising power costs.</p><p data-block-key=\"cpt6u\">Berríos Polanco, who was <a href=\"https://www.latinorebels.com/2022/08/26/puertoricoprotestluma/\">reporting for Latino Rebels</a>, said police officers were present throughout most of the day but began acting aggressive later in the night, when protesters started moving toward a permanent police barricade that was set up after <a href=\"https://www.latinorebels.com/2019/07/26/rossellofalls/\">2019 protests</a> that ousted the then-governor.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"es\" dir=\"ltr\">El <a href=\"https://twitter.com/PRPDNoticias?ref_src=twsrc%5Etfw\">@PRPDNoticias</a> ataco a varios periodistas claramente identificados en la noche de ayer, incluyéndome a mi. El “goop” de pimienta que usaron me dio en el ojo cuando estaba documentando el uso excesivo de la fuerza. Pueden ver que ademas del carnet, dice PRESS en mi casco. <a href=\"https://t.co/yM4qMaHeYq\">pic.twitter.com/yM4qMaHeYq</a></p>&mdash; carlos (vibe describer) (@Vaquero2XL) <a href=\"https://twitter.com/Vaquero2XL/status/1563027777317904384?ref_src=twsrc%5Etfw\">August 26, 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=\"wrppp\"><br/>By the evening, according to Berríos Polanco, the number of officers in riot gear had nearly doubled and there were clashes with individuals pushing against the barrier. Berríos Polanco said he was filming when an officer standing behind a police line started spraying the crowd with pepper spray.</p><p data-block-key=\"1siv\">Berríos Polanco said his equipment was not damaged by the irritant but believed the officer knowingly sprayed him.</p><p data-block-key=\"2qrci\">“For some reason, even though I was wearing my helmet with the word ‘PRESS’ and I had my ID around my neck, he decided to fill my face and cover my phone with pepper spray,” Berríos Polanco said.</p><p data-block-key=\"56v8s\">Berríos Polanco said he continued reporting after washing the irritant out of his eyes and donning a gas mask. Soon after, he said police officers deployed tear gas into the crowd and shoved a NotiCel photojournalist, Juan R. Costa, to the ground.</p><p data-block-key=\"4qmms\">Governor Pedro Pierluisi <a href=\"https://twitter.com/GovPierluisi/status/1563139292435689473\">condemned the violence on Twitter</a>, saying that every aggression reported that night would be investigated. Berríos Polanco said the statements don’t inspire much confidence.</p><p data-block-key=\"bg3ks\">“I feel like it&#x27;s happened before and it&#x27;ll probably continue to happen again, as long as police use such violent tactics to quell people just being like, ‘Hey, when are we going to get stable electricity again?’” Berríos Polanco said.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/RTSAVOOW.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"l9rp2\">Protests in San Juan, Puerto Rico, continued on Sept. 1, 2022, against the government’s energy provider. Reporter Carlos E. Berríos Polanco said police targeted him with pepper spray while covering an Aug. 25 protest.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "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_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Puerto Rico", "abbreviation": "PR" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [ "chemical irritant", "protest" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Carlos Berríos Polanco (Latino Rebels)" ], "subpoena_statuses": [], "type_of_denial": [] }, { "title": "NotiCel photojournalist assaulted by police while covering protests in Puerto Rico", "url": "https://pressfreedomtracker.us/all-incidents/noticel-photojournalist-assaulted-by-police-while-covering-protests-in-puerto-rico/", "first_published_at": "2022-09-14T13:50:41.231154Z", "last_published_at": "2022-09-14T13:50:41.231154Z", "latest_revision_created_at": "2022-09-14T13:50:41.170867Z", "date": "2022-08-25", "exact_date_unknown": false, "city": "San Juan", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"um2e6\">A NotiCel photojournalist was assaulted on Aug. 25, 2022, by a law enforcement officer while covering a protest in Old San Juan, Puerto Rico.</p><p data-block-key=\"9knno\">Juan R. Costa told the U.S. Press Freedom Tracker that he was covering the ongoing protests in the island’s historic district denouncing LUMA Energy, the private company contracted to take over the island’s electricity grid.</p><p data-block-key=\"66s74\">Reuters reported that hundreds of protesters <a href=\"https://www.reuters.com/world/americas/hundreds-protest-demand-puerto-rico-scrap-contract-with-power-grid-operator-2022-07-20/\">marched in the streets</a> in a call for government officials to end a 15-year contract with the energy company after years of recurring blackouts and rising power costs.</p><p data-block-key=\"7f4ov\">Only a small group of protesters remained by 9 p.m, Costa said, and the group headed toward a line of police officers behind a permanent barrier that was set up after the <a href=\"https://www.latinorebels.com/2019/07/26/rossellofalls/\">2019 protests</a> that ousted the then-governor. A scuffle ensued, he said, when some individuals began pushing the barrier and throwing water bottles and rocks at the police.</p><p data-block-key=\"6jpci\">Costa said one police officer responded by spraying the crowd and a group of reporters with pepper spray. Independent journalist Carlos Edill Berríos Polanco, who was in the group, told the Tracker he was <a href=\"https://pressfreedomtracker.us/all-incidents/independent-journalist-pepper-sprayed-covering-protests-in-puerto-rico/\">targeted and directly hit with the spray</a>. Costa’s camera was covered in the chemical irritant.</p><p data-block-key=\"f52it\">Shortly after, Costa was recording as police officers ordered the crowd to disperse. An officer told him to leave the area, but after he identified himself as a journalist, that officer allowed him to stay. Immediately afterward, two other police officers ordered him to move.</p><p data-block-key=\"7moqv\">“I again identified myself as press,” Costa said. “I have credentials, and obviously, I&#x27;m carrying two professional cameras.”</p><p data-block-key=\"49j0j\">One officer suddenly hit the photojournalist in the lower abdomen with his police baton, Costa said, then forcefully pushed him back, causing him to fall.</p><p data-block-key=\"53uru\">“I cannot stand up because of my equipment, and while I’m trying to get up, the same police officer keeps telling me, pointing his finger in my face, that I need to move. I tell him that I cannot move and ask him to please help me up,” Costa said.</p><p data-block-key=\"2qio2\">Costa, who recorded his assault, said the officer helped him up but started hitting him and pushing him toward a line of officers as he tried to leave.</p><p data-block-key=\"bp46l\">Costa’s video of the assault spread widely, with one journalist posting the footage on Twitter, writing, “This is what police brutality against the press looks like.”</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">This is what police brutality against the press looks like. In solidarity with my friend and Puerto Rican photojournalist <a href=\"https://twitter.com/NotiJuan?ref_src=twsrc%5Etfw\">@NotiJuan</a>. <br> <a href=\"https://t.co/dj7MprNWpL\">pic.twitter.com/dj7MprNWpL</a></p>&mdash; Angélica Serrano-Román🇵🇷 (@angelicaserran0) <a href=\"https://twitter.com/angelicaserran0/status/1562984773361885184?ref_src=twsrc%5Etfw\">August 26, 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=\"um2e6\">In a Twitter thread, Costa said that Police Commissioner Antonio López Figueroa called him to express regret for the incident and assure him that all claims of violence by the police toward journalists would be investigated.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"es\" dir=\"ltr\">Anoche recibí una llamada del comisionado de la Policía, Antonio López Figueroa, quien se expresó solidario con nuestro trabajo, se excusó por el incidente y me aseguró que van a investigar la agresión.<br><br>Le agradecí sus palabras. También por dar cara sin obligación de hacerlo.</p>&mdash; Juan R. Costa (@NotiJuan) <a href=\"https://twitter.com/NotiJuan/status/1563157889170423808?ref_src=twsrc%5Etfw\">August 26, 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=\"um2e6\">The next day, the police commissioner <a href=\"https://www.wfla.com/tampa-hoy/america-latina/la-policia-es-amiga-de-la-prensa-comisionado-habla-sobre-agresion-a-periodista-en-protestas-contra-luma-en-puerto-rico/\">held a press conference</a> about the incidents. He said police officers were “a friend of the media” and confirmed that he had reached out to Costa.</p><p data-block-key=\"4v49e\">Costa urged that incidents like his are rare, but important to share.</p><p data-block-key=\"8046g\">“I did not feel that this was an attack by the police force, but rather by a rogue officer who disregarded the rules and took it upon himself to attack the press,” Costa said. “Sometimes these incidents do happen. And when they do, we press members take it upon ourselves to publicize it, to denounce it, and to make sure that everybody sees it. Because we&#x27;re so invested in these kinds of incidents not happening to any of us.”</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "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_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Puerto Rico", "abbreviation": "PR" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [ "protest" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Juan R. Costa (NotiCel)" ], "subpoena_statuses": [], "type_of_denial": null }, { "title": "New Hampshire newspaper publisher arrested, charged with violating political ad laws", "url": "https://pressfreedomtracker.us/all-incidents/new-hampshire-newspaper-publisher-arrested-charged-with-violating-political-ad-laws/", "first_published_at": "2022-08-26T20:14:11.300158Z", "last_published_at": "2024-02-29T19:11:19.004006Z", "latest_revision_created_at": "2024-02-29T19:11:18.890242Z", "date": "2022-08-24", "exact_date_unknown": false, "city": "Londonderry", "longitude": -71.37395, "latitude": 42.86509, "body": "<div class=\"block-rich_text\"><p data-block-key=\"5aph8\">The publisher of a New Hampshire-based weekly newspaper, the Londonderry Times, was arrested on Aug. 24, 2022, and charged with publishing political advertisements without correctly identifying them as ads.</p><p data-block-key=\"br0ik\">According to <a href=\"https://www.doj.nh.gov/news/2022/20220824-debra-paul-arrest.htm\">a press release</a> by Attorney General John M. Formella, publisher Debra Paul was charged with six misdemeanor counts of violating <a href=\"http://www.gencourt.state.nh.us/rsa/html/lxiii/664/664-mrg.htm\">state laws on political advertisements</a>. Paul had previously been investigated and warned by the state’s Election Law Unit for failing to comply with state election law in 2019 and 2021. According to the statement, Paul was issued a final warning letter about properly labeling the ads in September 2021.</p><p data-block-key=\"2pu3m\">In a statement emailed to the Committee to Protect Journalists, a founding partner of the U.S. Press Freedom Tracker, Paul condemned the state’s actions against the newspaper.</p><p data-block-key=\"5rbfs\">“This is clearly a case of a small business needing to defend itself against overreaching government. To threaten a small business owner with jail time over something this insignificant is very heavy handed,” Paul wrote.</p><p data-block-key=\"lva2\">Paul’s lawyer, Tony Naro, told the Tracker in an emailed statement that he could not make public statements about pending matters but denied any wrongdoing by Paul. Naro also said Paul arrived at the police station after making arrangements to turn herself in for processing before being released.</p><p data-block-key=\"736m8\">“The Londonderry Times does their absolute best to put out a quality publication with limited staff and a limited budget. Ms. Paul acted with no criminal intent, denies the allegations, and is presumed innocent. It is our intention to handle this matter exclusively in the court system where it belongs and not in the press. While this matter plays out in court, we ask for the public, and the media, to keep an open mind and not prejudge this case.”</p><p data-block-key=\"clr6p\">If convicted, Paul faces a maximum penalty of one year in county jail and a fine of up to $2,000 per charge. An arraignment is scheduled for Oct. 19, 2022.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": "New Hampshire Department of Justice", "arrest_status": "arrested and released", "status_of_charges": "convicted", "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "New Hampshire", "abbreviation": "NH" }, "updates": [ "(2022-10-19 13:58:00+00:00) NH publisher pleads not guilty to charges of violating political ad law", "(2023-12-07 00:00:00+00:00) New Hampshire newspaper publisher convicted, fined for mislabeling political ads" ], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [ "publishing: failure to identify political advertising" ], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Arrest/Criminal Charge" ], "targeted_journalists": [ "Debra Paul (Londonderry Times)" ], "subpoena_statuses": [], "type_of_denial": [] }, { "title": "Radio correspondent subpoenaed, testifies in Oath Keepers criminal trial", "url": "https://pressfreedomtracker.us/all-incidents/radio-correspondent-subpoenaed-testifies-in-oath-keepers-criminal-trial/", "first_published_at": "2023-06-20T15:55:20.989989Z", "last_published_at": "2023-06-20T18:39:29.339369Z", "latest_revision_created_at": "2023-06-20T18:39:29.216745Z", "date": "2022-08-15", "exact_date_unknown": false, "city": "Washington", "longitude": -77.03637, "latitude": 38.89511, "body": "<div class=\"block-rich_text\"><p data-block-key=\"q2rbk\">On the Media correspondent Micah Loewinger was subpoenaed on Aug. 15, 2022, to testify in a criminal trial against multiple individuals involved in the Jan. 6 riot at the U.S. Capitol in Washington, D.C. He took the stand in the case two months later.</p><p data-block-key=\"c5pc7\">In a May 2023 <a href=\"https://www.wnycstudios.org/podcasts/otm/segments/how-otm-reporter-became-part-largest-january-6th-trials-on-the-media?tab=summary\">report</a> for OTM, Loewinger said that on Jan. 6 he was monitoring a conversation about the Stop the Steal rally on a push-to-talk walkie-talkie cellphone app called Zello and recorded real-time chatter with members of the Oath Keepers. The Southern Poverty Law Center <a href=\"https://www.splcenter.org/fighting-hate/extremist-files/group/oath-keepers\">identifies</a> the militia movement as “one of the largest far-right antigovernment groups in the U.S. today.”</p><p data-block-key=\"3hgev\">Loewinger also published some details from the recording in an <a href=\"https://www.theguardian.com/us-news/2021/jan/13/zello-app-us-capitol-attack-far-right\">article for The Guardian</a> and spoke on <a href=\"https://www.cbsnews.com/news/60-minutes-capitol-riots-oath-keepers-militia-2021-04-18/\">60 Minutes</a> about how the app was used to mobilize the attack on the Capitol.</p><p data-block-key=\"btsb9\">A few months after the riot, Loewinger said he was contacted about the recording by a Department of Justice attorney helping to lead the criminal prosecution against the Oath Keepers.</p><p data-block-key=\"elr9c\">“I thought maybe if I got this guy on the phone, I might be able to glean some useful information about the investigation that would help my own reporting, maybe even a juicy scoop,” Loewinger reported on OTM.</p><p data-block-key=\"8pgk2\">But when the prosecutor told him that the lead FBI agent was also interested in speaking with him, Loewinger said he became concerned they would use the Zello tape as a pretense to seize his phone and computer to gain access to his interviews and notes concerning the insurrection.</p><p data-block-key=\"1b3r\">After consulting with colleagues at WNYC, which produces OTM, Loewinger posted the <a href=\"https://soundcloud.com/user-403747081/jessica-watkins-on-stop-the-steal-j6-zello-channel-unedited\">full, nearly 2 1⁄2-hour-long recording</a> online so he wouldn’t have to act as a middleman. The prosecutor told Loewinger, however, that to use the recording as evidence in the trial someone would have to testify vouching for its authenticity.</p><p data-block-key=\"6g648\">“As the person who made the recording, I was the only one who could do it,” Loewinger said. “When the DOJ asked if I would testify voluntarily, my lawyer declined on my behalf, pointing to the importance of journalistic independence. Hence, the subpoena.”</p><p data-block-key=\"h2bf\">After weighing the possibility of fighting the subpoena and the risk of imprisonment were he to refuse to comply, Loewinger said he “begrudgingly” testified.</p><p data-block-key=\"85qnv\">Loewinger took the stand on Oct. 17, <a href=\"https://www.courthousenews.com/fbi-agent-grilled-over-armed-rebellion-testimony/\">according to Courthouse News</a>. Daily Kos reporter Brandi Buchman tweeted live from the courtroom that afternoon, <a href=\"https://twitter.com/Brandi_Buchman/status/1582092604505661442\">writing on Twitter</a> that the correspondent testified for approximately half an hour, describing how Zello works and how he captured the recording.</p><p data-block-key=\"ccj3e\">Separately, Loewinger noted In his report for OTM that when meeting with the lead prosecutor and an FBI agent, they asked him about records they had obtained from Zello, including details of when he used the app and whom he had messaged in the lead up to Jan. 6, 2021.</p><p data-block-key=\"5k8ft\">“Maybe I should know better, but I was shocked to see just how easy it was for the government to access some of the personal data related to my reporting,” Loewinger said.</p><p data-block-key=\"b4r2h\">Loewinger declined to comment when reached by the U.S. Press Freedom Tracker. The Tracker was unable to confirm whether a subpoena was issued to Zello for Loewinger’s records.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": "subpoena", "legal_order_venue": "Federal", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "District of Columbia", "abbreviation": "DC" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [ "Donald Trump", "election", "Election 2020" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Subpoena/Legal Order" ], "targeted_journalists": [ "Micah Loewinger (On the Media)" ], "subpoena_statuses": null, "type_of_denial": null }, { "title": "Iowa man convicted for threatening meteorologist, who later left TV news", "url": "https://pressfreedomtracker.us/all-incidents/iowa-man-convicted-for-threatening-meteorologist-who-later-left-tv-news/", "first_published_at": "2023-07-17T15:32:50.584180Z", "last_published_at": "2024-03-22T15:18:17.564236Z", "latest_revision_created_at": "2024-03-22T14:37:49.009706Z", "date": "2022-08-10", "exact_date_unknown": false, "city": "Des Moines", "longitude": -93.60911, "latitude": 41.60054, "body": "<div class=\"block-rich_text\"><p data-block-key=\"fhvhq\">An Iowa man was charged with harassment on Aug. 10, 2022, after sending threatening emails to KCCI-TV Chief Meteorologist Chris Gloninger. The man pleaded guilty and was issued a fine. Gloninger later announced he was stepping down from his TV news post.</p><p data-block-key=\"94j4o\">Gloninger wrote <a href=\"https://www.bostonglobe.com/2023/07/10/magazine/i-spoke-about-climate-change-tv-meteorologist-then-came-death-threat/\">in an article for The Boston Globe Magazine</a> in July 2023 that he started receiving the emails after his reporting began addressing the effects of climate change.</p><p data-block-key=\"bc50l\">“I saw it as my responsibility to our audience to connect the dots between climate change and extreme weather events in the region,” Gloninger wrote.</p><p data-block-key=\"ai05b\">The first threat was sent on June 21, 2022, <a href=\"https://iowacapitaldispatch.com/2022/09/20/iowa-man-fined-for-harassing-tv-weatherman-over-climate-change/\">according to Iowa Capital Dispatch</a>. Gloninger later <a href=\"https://twitter.com/ChrisGloninger/status/1548382916085817344\">tweeted</a> that in an email three days later, the man wrote, “What’s your home address, we conservative Iowans would like to give you an Iowan welcome you will never forget.”</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">My <a href=\"https://twitter.com/hashtag/climate?src=hash&amp;ref_src=twsrc%5Etfw\">#climate</a> coverage has garnered negative feedback. But last month I received the first threat, followed by a flow of harassing emails. Police are investigating. It’s mentally exhausting &amp; at times I have NOT been ok. If you’re facing this &amp; need someone to talk to, I’m here. 1/ <a href=\"https://t.co/SGbZfEr1uT\">pic.twitter.com/SGbZfEr1uT</a></p>&mdash; Chris Gloninger (@ChrisGloninger) <a href=\"https://twitter.com/ChrisGloninger/status/1548382916085817344?ref_src=twsrc%5Etfw\">July 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=\"fhvhq\">The same individual continued sending the threatening emails — sometimes multiple times a week — until at least July 16, the Dispatch <a href=\"https://iowacapitaldispatch.com/2022/09/20/iowa-man-fined-for-harassing-tv-weatherman-over-climate-change/\">reported</a>. Gloninger tweeted that police were investigating the harassment but that it was taking a toll.</p><p data-block-key=\"2lbqb\">“It’s mentally exhausting &amp; at times I have NOT been ok,” Gloninger wrote. “The threat of course was concerning, but the stream of harassing emails is even more distressing. It means he is thinking about it constantly. He is angry about it and filled with hate.”</p><p data-block-key=\"br86v\">The man, Danny H. Hancock, was charged with third-degree harassment on Aug. 10, according to court records reviewed by the U.S. Press Freedom Tracker. Hancock pleaded guilty on Sept. 2 and was ordered to pay a $105 fine and approximately $75 in court fees.</p><p data-block-key=\"7129t\">On June 21, 2023 — exactly one year after receiving the first threatening email — Gloninger announced he was leaving broadcast news.</p><p data-block-key=\"46tjk\">“18 years. 7 stations. 5 states. I am bidding farewell to TV to embark on a new journey dedicated to helping solve the climate crisis,” Gloninger <a href=\"https://twitter.com/ChrisGloninger/status/1671534139969863680\">wrote in a statement</a>. “After a death threat stemming from my climate coverage last year and resulting PTSD, in addition to family health issues, I’ve decided to begin this journey *now*.”</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">A quick goodbye. More later. I’ll be focusing on my health, family and combating the <a href=\"https://twitter.com/hashtag/ClimateCrisis?src=hash&amp;ref_src=twsrc%5Etfw\">#ClimateCrisis</a>. <a href=\"https://t.co/2pGipELgNN\">pic.twitter.com/2pGipELgNN</a></p>&mdash; Chris Gloninger (@ChrisGloninger) <a href=\"https://twitter.com/ChrisGloninger/status/1671534139969863680?ref_src=twsrc%5Etfw\">June 21, 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=\"fhvhq\">Gloninger told the Tracker in March 2024 that he has noticed a mounting hostility toward members of the press since 2016.</p><p data-block-key=\"44o1s\">“The extremism since 2016 has left journalists in general, not just TV meteorologists, with a sense of being not safe doing the job that we’re doing,” Gloninger said. “There is an absolute correlation between Donald Trump taking office and people feeling emboldened, empowered and entitled to unleash whatever the hell they feel.”</p><p data-block-key=\"78sei\">In an <a href=\"https://www.washingtonpost.com/nation/2023/06/22/meteorologist-climate-death-threat-iowa/\">interview with The Washington Post</a> after his announcement, Gloninger said that he didn’t want to be the story, but that he felt it was important to speak about an issue that was affecting other climate journalists.</p><p data-block-key=\"cttes\">“I’m trying to put it behind me,” Gloninger said. “But at the same point, I think it brings awareness to what journalists face day-to-day bringing the news.”</p><p data-block-key=\"d63e3\"><i>Editor’s Note: This article has been updated to include comment from former KCCI-TV meteorologist Chris Gloninger.</i></p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Iowa", "abbreviation": "IA" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [ "environmentalism" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Other Incident" ], "targeted_journalists": [ "Chris Gloninger (KCCI)" ], "subpoena_statuses": null, "type_of_denial": [] }, { "title": "Independent journalist removed from press conference with Philadelphia DA", "url": "https://pressfreedomtracker.us/all-incidents/independent-journalist-removed-from-press-conference-with-philadelphia-da/", "first_published_at": "2022-09-20T20:42:21.737884Z", "last_published_at": "2023-12-20T20:44:09.867125Z", "latest_revision_created_at": "2023-12-20T20:44:09.792882Z", "date": "2022-08-08", "exact_date_unknown": false, "city": "Philadelphia", "longitude": -75.16362, "latitude": 39.95238, "body": "<div class=\"block-rich_text\"><p data-block-key=\"twjsk\">Independent reporter Ralph Cipriano says he was “stonewalled” by the Philadelphia district attorney for writing critical articles, eventually culminating in his physical removal from an Aug. 8, 2022, press conference in Pennsylvania.</p><p data-block-key=\"e7d4e\">Cipriano, a former Los Angeles Times and Philadelphia Inquirer reporter who publishes the <a href=\"https://www.bigtrial.net/\">Big Trial blog</a>, told the U.S. Press Freedom Tracker that he first started attending District Attorney Larry Krasner’s weekly press conferences in July after three years of no response from his requests for comment. Cipriano said that at every press conference, Krasner refused to take questions or call on him.</p><p data-block-key=\"6kfsq\">The district attorney’s office, which did not respond to requests for comment, holds weekly conferences to brief the media on local issues and events.</p><p data-block-key=\"6hhpd\">During an Aug. 8 press conference, the DA issued Cipriano a warning for not waiting until he was called to ask a question.</p><p data-block-key=\"7bujc\">“That is not how we proceed,” Krasner said during the media event, which was <a href=\"https://www.facebook.com/philaDAO/videos/1000278124034259\">live streamed and posted on Facebook</a>. “Anyone who cannot observe those rules can leave and can leave now or be escorted out.”</p><p data-block-key=\"5k44e\">According to Cipriano, he tried asking questions two more times and was warned by the DA a second time then asked to leave. After being escorted out of the venue, Cipriano wrote on his blog that the treatment was personal.</p><p data-block-key=\"ee4ov\">“After four years of presiding over free-for-all press conferences, the D.A. now maintains that reporters no longer have the right to speak up and ask him a question.”</p><p data-block-key=\"fu5re\">Paula Knudsen Burke, a staff attorney for the Reporter’s Committee for Freedom of the Press, requested written policies and rules that govern the DA’s office interaction with the press during media events as part of a Right-to-Know Law filing. In a letter to Krasner on behalf of Cipriano, Knudsen Burke highlighted that his office could not locate any written policies or guidelines for interactions with the media.</p><p data-block-key=\"fh5ch\">“It is clear that there are no ‘rules’ or procedures governing access to press conferences held by your office,” Knudsen Burke wrote.</p><p data-block-key=\"ejn3d\">She also objected to Cipriano’s removal from the press conference as unconstitutional under the First Amendment: “Government officials cannot make media access decisions based on the content of news coverage, media organizations’ interaction with government officials, or the agency’s perception thereof.”</p><p data-block-key=\"2h254\">Cipriano continued attending the DA’s weekly press conferences and <a href=\"https://www.bigtrial.net/2022/09/arrogant-da-krasner-takes-no-blame-for.html\">reported that Krasner called on him</a> to ask a question during <a href=\"https://www.facebook.com/philaDAO/videos/607585204239961\">a Sept. 12 conference</a>.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": null, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Pennsylvania", "abbreviation": "PA" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [ "Law enforcement: Prosecutors" ], "authors": [], "categories": [ "Denial of Access" ], "targeted_journalists": [ "Ralph Cipriano (Big Trial)" ], "subpoena_statuses": [], "type_of_denial": [ "Government event" ] }, { "title": "WCHS reporter attacked, camera damaged while reporting on abandoned cars", "url": "https://pressfreedomtracker.us/all-incidents/wchs-reporter-attacked-camera-damaged-while-reporting-on-abandoned-cars/", "first_published_at": "2022-08-09T20:13:39.956929Z", "last_published_at": "2023-11-01T14:10:56.267402Z", "latest_revision_created_at": "2023-11-01T14:10:56.164785Z", "date": "2022-08-04", "exact_date_unknown": false, "city": "Putnam County", "longitude": null, "latitude": null, "body": "<div class=\"block-rich_text\"><p data-block-key=\"a65dl\">WCHS Eyewitness News Reporter Bob Aaron was assaulted on Aug. 4, 2022, in Putnam County, West Virginia, while reporting on the sheriff&#x27;s plan to remove abandoned cars on roads and yards.</p><p data-block-key=\"5sob3\">According to Aaron, who <a href=\"https://wchstv.com/news/local/eyewitness-news-reporter-attacked-while-covering-story-about-abandoned-cars\">reported the incident in a newscast</a>, he was nearly run over while filming the abandoned cars stationed along a main county road by a man who did not want him filming.</p><p data-block-key=\"170bf\">The reporter said the individual got out of his car and ripped the camera from his hands. Aaron, who did not respond to a request for comment from the U.S. Press Freedom Tracker, reported that the man broke the camera light off and refused to return the camera until Putnam County Sheriff&#x27;s deputies were called to the scene.</p><p data-block-key=\"e841b\">WCHS reported that Putnam County Sheriff Bobby Eggleton announced his intention to enforce a clean-up plan to remove the vehicles from public and private locations, adding that some had not moved for more than 20 years. Eggleton told WCHS the announcement provoked an “emotional response from residents in the county” who feared authorities would take their property. Eggleton said in a <a href=\"https://www.facebook.com/100010413790942/videos/502861114978851/\">video posted to Facebook</a> that it was not a county ordinance but in accordance with state law.</p><p data-block-key=\"cb558\">The sheriff’s office could not be reached for comment.</p><p data-block-key=\"8aej1\">In an article about the altercation, WCHS said Aaron, 75, was doing fine and that there were pending charges against the man who attacked him.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "status_of_seized_equipment": null, "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, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [ { "quantity": 1, "equipment": "camera equipment" } ], "state": { "name": "West Virginia", "abbreviation": "WV" }, "updates": [ "(2023-02-06 14:14:00+00:00) Man ordered to pay restitution for snatching, breaking reporter’s camera" ], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault", "Equipment Damage" ], "targeted_journalists": [ "Bob Aaron (WCHS-TV)" ], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Music journalist subpoenaed in criminal trial of singer R. Kelly", "url": "https://pressfreedomtracker.us/all-incidents/music-journalist-subpoenaed-in-criminal-trial-of-singer-r-kelly/", "first_published_at": "2022-09-16T18:03:53.785604Z", "last_published_at": "2023-07-05T19:17:25.056563Z", "latest_revision_created_at": "2023-07-05T19:17:24.946624Z", "date": "2022-08-03", "exact_date_unknown": false, "city": "Chicago", "longitude": -87.65005, "latitude": 41.85003, "body": "<div class=\"block-rich_text\"><p data-block-key=\"v03q1\">Journalist Jim DeRogatis was issued a subpoena for testimony in the federal trial of R&amp;B singer Robert “R.” Kelly in Chicago, Illinois, on Aug. 3, 2022. The judge quashed the subpoena on Sept. 7.</p><p data-block-key=\"e1b46\">DeRogatis — a reporter, music critic, author and an associate professor at Columbia College Chicago — has reported extensively on Kelly for The Chicago Sun-Times and The New Yorker, and in 2019 he authored the book “Soulless: The Case Against R. Kelly.”</p><p data-block-key=\"2kfe6\">DeRogatis told the U.S. Press Freedom Tracker that an individual delivered an unmarked videocassette with footage of Kelly and a 14-year-old girl to his home in February 2002. DeRogatis said that within four hours of receiving the footage, he and the editorial staff at the Sun-Times turned it over to police and it was subsequently used as evidence in Kelly’s state criminal trial in 2008.</p><p data-block-key=\"71rno\">The judge in the case compelled DeRogatis to testify during that first trial, but upon advice from counsel DeRogatis refused to answer any questions, reading instead a statement citing his Fifth and First Amendment rights.</p><p data-block-key=\"177ah\">DeRogatis told the Tracker that following the first trial, he was aware that he might again be called to testify in the federal case. In 2022, attorneys for Derrel McDavid — Kelly’s former business manager and co-defendant in the case — issued DeRogatis the subpoena, ordering him to appear to provide trial testimony on Sept. 6.</p><p data-block-key=\"44hse\">In court filings reviewed by the Tracker, McDavid’s attorney’s cited interest in April 2019 emails between DeRogatis and Assistant U.S. Attorney Angel Krull, the former lead prosecutor on the case.</p><p data-block-key=\"atad5\">DeRogatis told the Tracker he was on assignment for The New Yorker when he contacted Krull about the two federal investigations and in the course of the conversation had offered to send her a copy of his then-forthcoming book. Krull then emailed him from a non-governmental email address and he sent along a PDF of his book. DeRogatis said he never heard back from her and has not communicated with Krull since.</p><p data-block-key=\"16ia3\">DeRogatis and The New Yorker jointly filed <a href=\"https://www.digitalmusicnews.com/wp-content/uploads/2022/09/r-kelly-Jim-DeRogatis-quash-subpoena.pdf\">an emergency motion</a> to quash the subpoena or issue a protective order on Sept. 6. The motion argued that all of the information or knowledge that DeRogatis may have that would be pertinent to the case had been published in his reporting.</p><p data-block-key=\"2ssuo\">During a hearing on Sept. 7, attorneys for McDavid told District Court Judge Harry Leinenweber that they wanted to show DeRogatis the cassette and ask him to confirm whether it was the same one he had received in 2002, according to DeRogatis. The prosecutors, who had not previously expressed an interest in questioning DeRogatis, told the judge they also hoped to ask the journalist to confirm the timeline of his reporting while at the Sun-Times.</p><p data-block-key=\"djq1e\">Seth Stern, the attorney representing DeRogatis at the hearing, confirmed to the Tracker that Leinenweber granted the motion to quash the subpoena that day. Stern said that the judge agreed that the testimony they were seeking was “cumulative, redundant, unnecessary.”</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">A good day for the First Amendment. And anything I could possibly have been asked I’ve already reported. <a href=\"https://t.co/lwQeOcFL0w\">pic.twitter.com/lwQeOcFL0w</a></p>&mdash; Jim DeRogatis (@JimDeRogatis) <a href=\"https://twitter.com/JimDeRogatis/status/1567531927455801344?ref_src=twsrc%5Etfw\">September 7, 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=\"v03q1\">“I would have sat on the stand and read my whole book if they had 10 or 15 hours,” DeRogatis said. “In 22 years of reporting on this case, I have not had a single correction, clarification, retraction or lawsuit. My reporting stands. I’m proud of that work.”</p><p data-block-key=\"5mu9c\">Stern said that while he was gratified with the outcome in this case, the subpoena itself can set a precedent that may chill future reporting.</p><p data-block-key=\"b57mk\">“Absent a federal shield law, there’s really no certainty that a reporter getting a subpoena like this can have regarding whether they’ll need to testify or not,” Stern said. “Fortunately, in this case the judge made the right call, but you never know what’s going to happen in the next one.”</p><p data-block-key=\"621qa\">Kelly was convicted on three counts of child pornography and three counts of enticement of a minor to engage in criminal sexual acts on Sept. 14, CNN <a href=\"https://www.cnn.com/2022/09/14/us/r-kelly-chicago-federal-trial/index.html\">reported</a>. He was <a href=\"https://www.npr.org/2022/06/29/1105551227/r-kelly-sentence-30-years\">sentenced to 30 years</a> in prison in June on racketeering charges in a second federal trial in New York. McDavid and Kelly’s second co-defendant, Milton Brown, were acquitted of all charges.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/DeRogatis.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"6mlx8\">A portion of the subpoena issued to music journalist James (Jim) DeRogatis seeking trial testimony in the federal case against singer R. Kelly. The subpoena was quashed on Sept. 7, 2022.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": "other testimony", "name_of_business": null, "third_party_business": null, "legal_order_type": "subpoena", "legal_order_venue": "Federal", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Illinois", "abbreviation": "IL" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Subpoena/Legal Order" ], "targeted_journalists": [ "Jim DeRogatis (The New Yorker)" ], "subpoena_statuses": [ "quashed" ], "type_of_denial": null }, { "title": "FOX 8 photojournalist attacked while reporting on NC dog kennel violations", "url": "https://pressfreedomtracker.us/all-incidents/fox-8-photojournalist-attacked-while-reporting-on-nc-dog-kennel-violations/", "first_published_at": "2022-08-03T15:05:00.417304Z", "last_published_at": "2023-11-01T14:11:24.529708Z", "latest_revision_created_at": "2023-11-01T14:11:24.438428Z", "date": "2022-07-28", "exact_date_unknown": false, "city": "Thomasville", "longitude": -80.08199, "latitude": 35.88264, "body": "<div class=\"block-rich_text\"><p data-block-key=\"2k497\">FOX8 photojournalist Derrick Deon Reid was assaulted by two men on July 28, 2022, while reporting on animal mistreatment claims at a dog boarding facility in Davidson County, North Carolina, according to news reports.</p><p data-block-key=\"f726f\">Reid, who was not identified by <a href=\"https://myfox8.com/news/north-carolina/piedmont-triad/2-men-accused-of-assaulting-fox8-photojournalist-covering-animal-mistreatment-in-davidson-county/\">FOX8 in a report about the assault</a>, was later identified by the Winston-Salem Journal. According to FOX8, Reid was gathering footage on an animal boarding facility previously fined for violating the state’s Animal Protection Act when Marshall Everhart and Zachary Everhart, one of the facility&#x27;s owners, attacked him.</p><p data-block-key=\"aj2ad\">According to an <a href=\"https://journalnow.com/news/local/crime-and-courts/sheriff-fox-8-journalist-attacked-while-covering-story-about-kennel-fined-for-animal-mistreatment-in/article_fce41f12-0f53-11ed-8ae5-570f574356f3.html\">arrest warrant obtained by the Winston-Salem Journal</a>, Reid sustained broken or loosened teeth and possibly a broken jaw. The warrant also accuses Marshall Everhart of holding Reid against his will and damaging his camera equipment after trying to take the camera from him. Official documents state that he also damaged Reid’s vehicle, causing more than $200 in damage.</p><p data-block-key=\"25dfo\">The Davidson County Sheriff’s Department, which did not respond to a request for comment from the U.S. Press Freedom Tracker, arrested Marshall Everhart after the incident, while Zachary Everhart turned himself in to the sheriff’s office. Officials charged both men with felony larceny, assault inflicting serious bodily injury, kidnapping and injury to personal property.</p><p data-block-key=\"5iqdj\">FOX8 did not respond to requests for comment from the Tracker. In a statement to the Winston-Salem Journal, FOX8 Vice President and General Manager Jim Himes declined to comment on Reid’s condition, citing federal privacy laws.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "status_of_seized_equipment": null, "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, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [ { "quantity": 1, "equipment": "camera" }, { "quantity": 1, "equipment": "vehicle" } ], "state": { "name": "North Carolina", "abbreviation": "NC" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault", "Equipment Damage" ], "targeted_journalists": [ "Derrick Deon Reid (WGHP)" ], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Photojournalist assaulted while reporting at Portland park", "url": "https://pressfreedomtracker.us/all-incidents/photojournalist-assaulted-while-reporting-at-portland-park/", "first_published_at": "2022-08-01T20:02:20.219023Z", "last_published_at": "2023-09-29T13:39:49.447627Z", "latest_revision_created_at": "2023-09-29T13:25:50.103509Z", "date": "2022-07-25", "exact_date_unknown": false, "city": "Portland", "longitude": -122.67621, "latitude": 45.52345, "body": "<div class=\"block-rich_text\"><p data-block-key=\"pw84u\">An unidentified photojournalist with KGW News was assaulted while on assignment in Lents Park in Portland, Oregon, on July 25, 2022.</p><p data-block-key=\"a18se\">The station <a href=\"https://www.kgw.com/article/news/local/kgw-journalist-assaulted-southeast-portland-lents-park/283-7db135bd-e122-45b1-aa33-6d901545773d\">reported</a> that the photographer was covering an community outreach event hosted by the group PDX Saints Love, which was providing a cooling station and water from July 25 to 29 amid a heatwave in the region.</p></div>\n<div class=\"block-tweet\"><div class=\"tweet-embed\">\n <div>\n <blockquote class=\"twitter-tweet\"><p lang=\"en\" dir=\"ltr\">Right now <a href=\"https://twitter.com/pdxsaintslove?ref_src=twsrc%5Etfw\">@pdxsaintslove</a> and Portland Street Response are at Lents Park in SE Portland until 7pm. The plan is to hand out water/electrolytes/food and provide a cool spot every day this week from 11am-7pm. Organizers say they need more volunteers and always welcome ice donations. <a href=\"https://t.co/C39pUVVKvy\">pic.twitter.com/C39pUVVKvy</a></p>&mdash; Christine Pitawanich (@CPitawanichKGW) <a href=\"https://twitter.com/CPitawanichKGW/status/1551636293368524800?ref_src=twsrc%5Etfw\">July 25, 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=\"pw84u\">According to the station, the photojournalist was finishing filming and was holding his camera by his side when one of the individuals attending the event became agitated and charged at him. The man jumped over a picnic table and chased the photojournalist toward his station vehicle, punching him before he was able to get into the car.</p><p data-block-key=\"2j4pn\">Though the photojournalist was able to enter the vehicle, KGW reported that the man opened the door before the journalist could lock it and punched him again. The event organizers then told the man to leave and he walked away.</p><p data-block-key=\"1s7nl\">The station reported that the unidentified photojournalist suffered several cuts and a bruised eye and received treatment by medics at the scene.</p><p data-block-key=\"940sf\">A second KGW journalist at the scene, not named in the report, called 911 and told officers which direction the suspect had fled. Portland Police Bureau officers found the man nearby a short while later and placed him under arrest. Joshua David Sears was arrested and charged with misdemeanor assault, which is punishable by a fine of up to $6,250, a year in jail or both.</p><p data-block-key=\"5ul4t\">In a statement to the outlet, KGW News Director Greg Retsinas said: “We are distressed at this unprovoked act of violence against our employees who were working to tell a positive story in the community. Thankfully, community members at the scene stepped in right away to assist and prevent more serious injury.”</p><p data-block-key=\"8ju6l\">Neither Retsinas or KGW reporter Christine Pitawanich, who tweeted about the event, responded to requests for comment.</p></div>", "introduction": "", "teaser": "", "teaser_image": null, "primary_video": null, "image_caption": "", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "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, "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": null, "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "Oregon", "abbreviation": "OR" }, "updates": [ "(2023-01-25 00:00:00+00:00) Photojournalist gets apology from assailant, drops assault charges" ], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [], "tags": [], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Assault" ], "targeted_journalists": [ "Unidentified photojournalist 25 (KGW)" ], "subpoena_statuses": [], "type_of_denial": null }, { "title": "Subpoena for CNN footage quashed in criminal case against Capitol rioter", "url": "https://pressfreedomtracker.us/all-incidents/subpoena-for-cnn-footage-quashed-in-criminal-case-against-capitol-rioter/", "first_published_at": "2022-08-16T18:45:23.885706Z", "last_published_at": "2023-06-28T18:59:29.448184Z", "latest_revision_created_at": "2023-06-28T18:59:29.320095Z", "date": "2022-07-25", "exact_date_unknown": false, "city": "Washington", "longitude": -77.03637, "latitude": 38.89511, "body": "<div class=\"block-rich_text\"><p data-block-key=\"bqpit\">CNN was served a criminal trial subpoena on July 25, 2022, by a defendant facing charges stemming from his alleged participation in the insurrection at the U.S. Capitol on Jan. 6, 2021. The subpoena, which sought approximately two hours of raw footage from an interview with a Capitol Police officer, was subsequently quashed.</p><p data-block-key=\"etrol\">According to court filings reviewed by the U.S. Press Freedom Tracker, defendant Kyle Fitzsimons is facing an 11-count indictment and is accused of having attacked multiple law enforcement officers near the Capitol’s Lower West Terrace.</p><p data-block-key=\"1io7g\">CNN broadcasted an interview with two Capitol Police officers on June 4, one of whom is believed to have been assaulted by Fitzsimons. The subpoena — which was issued on July 20, 2022, and served five days later — requests “any and all raw footage” from the officer’s interview.</p><p data-block-key=\"4v2ap\">According to CNN’s <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.dcd.228113/gov.uscourts.dcd.228113.83.0_3.pdf\">motion to quash</a> the subpoena, the officer does not mention Fitzsimons by name and Fitzsimons does not appear in any of the footage.</p><p data-block-key=\"39cbd\">CNN attempted to narrow the request for only the telecast footage but Fitzsimons’ counsel declined. The outlet did not respond to requests for comment as of press time.</p><p data-block-key=\"bf59m\">The outlet’s Aug. 10 motion to quash argued that the subpoena was a “fishing expedition,” and that Fitzsimons has no reason to believe that the outtakes from the interview will help his defense when the alleged acts were captured by Capitol surveillance cameras and the officers’ body cams.</p><p data-block-key=\"3rjb4\">“Allowing speculative discovery of the press here, on the basis that an unsworn statement in unpublished newsgathering information might theoretically become useful to the defense for purposes of impeachment, would expose a host of media organizations to similar speculative subpoenas in similar January 6 prosecutions,” the motion stated. “That would undeniably chill news reporting about this topic of clear national importance — the ‘violent breach of the Capitol’ that ‘was a grave danger to our democracy.’”</p><p data-block-key=\"2aldl\">District Judge Rudolph Contreras <a href=\"https://storage.courtlistener.com/recap/gov.uscourts.dcd.228113/gov.uscourts.dcd.228113.91.0_1.pdf\">ruled</a> in favor of CNN on Aug. 14, finding that while Fitzsimons was able to specifically name the material sought, he failed to justify the request with more than hopes of what might be found in the outtakes.</p><p data-block-key=\"ebcou\">Fitzsimons’ trial is scheduled to begin on Aug. 16.</p></div>", "introduction": "", "teaser": "", "teaser_image": "https://media.pressfreedomtracker.us/media/images/CNN_Fitzsimons_subpoena.2e16d0ba.fill-1330x880.jpg", "primary_video": null, "image_caption": "<p data-block-key=\"aimj0\">A portion of the subpoena issued to CNN seeking approximately two hours of raw footage from an interview with a Capitol Police officer in connection with the criminal trial of a Capitol rioter.</p>", "arresting_authority": null, "arrest_status": null, "status_of_charges": null, "release_date": null, "detention_date": null, "unnecessary_use_of_force": false, "case_number": null, "case_type": null, "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, "did_authorities_ask_for_device_access": null, "did_authorities_ask_about_work": null, "assailant": null, "was_journalist_targeted": null, "charged_under_espionage_act": false, "subpoena_type": "journalist communications or work product", "name_of_business": null, "third_party_business": null, "legal_order_type": null, "legal_order_venue": "Federal", "status_of_prior_restraint": null, "mistakenly_released_materials": false, "links": [], "equipment_seized": [], "equipment_broken": [], "state": { "name": "District of Columbia", "abbreviation": "DC" }, "updates": [], "case_statuses": [], "workers_whose_communications_were_obtained": [], "target_nationality": [], "targeted_institutions": [ "CNN" ], "tags": [ "election", "Election 2020" ], "current_charges": [], "dropped_charges": [], "politicians_or_public_figures_involved": [], "authors": [], "categories": [ "Subpoena/Legal Order" ], "targeted_journalists": [], "subpoena_statuses": [ "quashed" ], "type_of_denial": null } ]