Sunday, March 12, 2017

Rancher standoff trials ask: When is a 'journalist' an 'occupier'?

By April Kiessling


Among the 32 defendants are a disturbing number of writers, bloggers and video teams. And although journalism certainly isn’t cited as a crime, many charges appear to hinge on the motivation, speech and political beliefs of the “journalist” defendants. Dozens who gathered at either place were informed they were considered “unindicted co-conspirators.”

A flurry of dramatic property and civil rights-related trials is taking place across the western U.S. in federal courts, in which defendants, including independent media representatives, are charged with up to 17 crimes each, from trespass to terrorism.

All the accused had confronted or ignored law-enforcement officers in group protests in either 2014’s Bunkerville, Nevada, confrontation or 2016’s similar standoff in Harney County, Oregon. Both showdowns were responses to perceived overreach of federal bureaucracies – chiefly the Bureau of Land Management and the U.S. Fish and Wildlife Service.

...Among the 32 defendants are a disturbing number of writers, bloggers and video teams. And although journalism certainly isn’t cited as a crime, many charges appear to hinge on the motivation, speech and political beliefs of the “journalist” defendants. Dozens who gathered at either place were informed they were considered “unindicted co-conspirators.”

Comparing media members who face charges with those who are not, the major difference appears to hinge on expressions of support for the “occupation’s” organizers or their causes.

Witnesses at both Malheur and Bunkerville described a constant media presence, including major networks. CBS, CNN and others were either present or remotely covered the confrontations. RT showed up in courthouses, as did press from Britain and Norway. Freelance journalists and documentary film crews spent nights at the Oregon refuge. None of these was arrested, regardless of length of time spent or the number of trips.

Eventually police blockades effectively sealed Burns off from the outside world. Only embedded journalists were left reporting at the refuge toward the latter part of the occupation and the ultimate FBI/BLM siege. Among these were Pete Santilli, Tom Lacovara, Michael Emry and Blaine Cooper.

...Possibly a quarter of the protestors at Burns considered themselves de facto broadcasters at some point of the occupation. Prosecution challenged some defendants who claimed media status, asking for press credentials or credits. Yet alternative and social media are almost impossible to categorize this way. This arguably dilutes the immunity the press enjoys under the First Amendment, but is part of a larger issue now playing out as technology, the Internet and especially social media revolutionize the traditional meaning of “news” and “journalist.”



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