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VerifiedJournalism Retaliation

Freelance journalist Josh Wolf jailed 226 days for refusing to turn over G8 protest video to federal grand jury

Aug 1, 2006San Francisco, CASubmitted by Staff
Summary

On August 1, 2006, U.S. District Judge William Alsup jailed San Francisco freelance video journalist Josh Wolf for contempt after he refused to turn over unaired video footage of a 2005 G8-summit protest to a federal grand jury investigating injury to a police officer and damage to a federally funded police vehicle. Wolf was released April 3, 2007 after 226 days — the longest U.S. journalist contempt incarceration on record at the time — when he agreed to post his footage publicly and the government withdrew its demand for source-identification testimony.

Full report

Dates: Protest filmed July 8, 2005; grand jury convened August 2005; subpoena April 6, 2006; Wolf jailed August 1, 2006; released April 3, 2007. Individuals and organizations: Josh Wolf (freelance video blogger/journalist); U.S. District Judge William Alsup; USAO N.D. California; federal grand jury N.D. Cal. What happened: Wolf filmed a G8 protest during which a San Francisco police vehicle was damaged and an officer was injured. The case was federalized because SFPD had received federal grant funds. A federal grand jury subpoenaed Wolf's unaired footage and his testimony. Wolf partially complied by posting some footage online but refused to turn over all footage or testify about identifiable individuals. Judge Alsup jailed him for contempt; the Ninth Circuit considered the appeal. Wolf was released after a negotiated resolution: he posted the full footage publicly and the government withdrew its testimony demand. Legal authority used: Federal grand jury subpoena for unpublished materials and testimony; civil contempt power. Outcome: Wolf served 226 days at FCI Dublin — then the longest U.S. journalist incarceration for source/materials protection. Released on negotiated terms. No charges were ever filed against protest participants. Why it matters: Confidential source materials (unpublished video outtakes) were directly at issue. Contempt was fully enforced through prolonged incarceration before a negotiated resolution. The case set a record that stood for years and underscored federal courts' broad authority to jail journalists for refusing grand jury cooperation.

Tags
#Josh Wolf#Grand Jury Subpoena#Civil Contempt#Video Journalism#Press Freedom#Ninth Circuit#G8 Protest

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