Here is a way to solve the problem of are you a "profesional"
journalists or not. Join the Society of Professional Journalists.

Membership Categories
Membership Center > Prospective Members > Membership Categories

Professional
You spend more than half of your time working as a journalist or j-
educator. $72 for 1 year.

Retired
You are retired and 62 or older. $36 for 1 year.

Associate
You don't qualify for the above but support SPJ's mission. $90 for 1
year.

Household
You share living quarters with an existing SPJ professional member.
$36 for 1 year.

College Student/Post Grad
College through two years after graduation. $36 for 1 year.

Then you are a card bearing "profesional" journalists subject to the 
rights as a journalist are guaranteed under the First Amendment.

http://www.spj.org/

I Believe that it is now time for us to start pressuring the SPJ to
create a new membership Caregorie

citizen journalist




--- In [email protected], "Gena" <[EMAIL PROTECTED]>
wrote:
>
> Hey Josh, I think the short answer is "Yes." I'm quaking with anger
> just reading this. You might not know who Jack Anderson was but the
> Feds are trying to do this to him and he's dead.
>
> Anderson was a journalist who was able to dig deep and find out top
> secret infomation. The Feds are trying to go through his documents
to
> obtain his papers and "potential" classified documents.
>
> More to the point, if I observe a situation that requires LAPD
> attendence and I record it that means I can expect a visit from J.
> Edgar's Boys? And LAPD?
>
> Damnation. I don't like the choices that are presenting themselves.
> I'm recording no matter what! Oh man, I can't think straight.
>
> This is what I am confused about:
>
> If I am documenting a situation does that not make me a journalist?
> Doesn't matter how I do it, via pen, photo or video. At that point
of
> creation doesn't the protections of journalists come into effect?
>
> If I have a body of work - either paid or unpaid that demostrates
that
> I have done this activity for x-amount of time then I should be
> protected under various journalism protections.
>
> Or if your local NBC station had the same video you did would the
Fed
> show up at the station door? What would the news director tell them?
>
> The label "profesional" does not matter. When the early African
> American journalists of 1800 - 1900's could not or would not be
> published by the existing media they created their own.
>
> They were not thought to be professionals by the mainstream white
> media at the time. Didn't matter. They were representing their
> communities that were not being servied by the publications of the
time. 
>
> Are you not doing the same thing? Representing your community?
>
> I have to go but this post has me all shook up. This is a good
thing.
> Be safe Josh but do what you feel is right.
>
> And to our new federal lurkers,
>
> ...well, you know.
>
> Gena
>
> http://outonthestoop.blogspot.com
> http://voxmedia.org/wiki/Video
>
>
>
>
> --- In [email protected], Josh Wolf <inthecity@> wrote:
> >
> > Should journalist Josh Wolf be afraid?
> > The Assistant U.S. Attorney, the FBI Joint Terrorism Task Force,
and 
> > the SFPD want to get their hands on a video shot by a San
Francisco 
> > blogger
> > By Ryan Blitstein
> >
> > http://www.sfweekly.com/Issues/2006-04-19/news/news.html
> > At times, Josh Wolf is a journalist. At others, he's a blogger, an

> > activist, or an anarchist. At this particular time, one thing's
for 
> > certain: He's got a videotape the federal government wants.
> >
> > The 23-year-old San Franciscan possesses a tape that Assistant U.
S. 
> > Attorney Jeffrey Finigan deems essential to a grand jury 
> > investigation of a protest last July that resulted in injuries to
two 
> > San Francisco Police Department officers.
> >
> > To Wolf, the government subpoena of his tape represents a threat
to 
> > his ability to gather news as an independent reporter. He believes

> > it's yet another reel cast in a Justice Department fishing
expedition 
> > that will stop at nothing to put his activist compatriots behind
bars.
> >
> > To the government, however, Wolf is a misguided, self-important
young 
> > radical withholding evidence without legal justification.
Regardless 
> > of the outcome, Wolf's predicament raises questions about how much

> > information journalists should turn over to the federal
government, 
> > and how the legal system handles those who draw little distinction

> > between citizen journalism and citizen activism.
> >
> > Though many facts are disputed, all parties agree that Wolf 
> > videotaped a July 8, 2006, protest march in San Francisco against
the 
> > G8 Summit taking place in Scotland. At previous protests, Wolf had

> > attended as an advocate for a cause, but this time he went as a 
> > journalist, gathering footage for his videoblog, "The Revolution
Will 
> > Be Televised" (www.joshwolf.net).
> > "Most of the time I go out, I feel like I'm a fly on the wall,"
Wolf 
> > says. "Whether or not I agree with what they're doing, my role is
to 
> > document it."
> >
> > On the portion of Wolf's video that he released publicly, dozens
of 
> > protesters, some dressed in black and wearing face masks, marched 
> > down the street in the Mission carrying signs and placards with 
> > anticapitalist, anti-government slogans or bearing the logo of the

> > group Anarchist Action. Around dusk, things went awry; the tape
shows 
> > marchers setting off fireworks and dragging metal newsstand boxes 
> > into the street to block traffic.
> >
> > SFPD Officers Michael Wolf (no relation to Josh) and Pete Shields 
> > were among those called to the scene to quell what was fast
becoming 
> > a small riot, with protesters allegedly breaking windows of 
> > businesses with baseball bats. When their patrol car was blocked
by a 
> > very large foam sign under the chassis, the cops exited the
vehicle 
> > near the corner of Valencia and 23rd. Wolf chased after a man he 
> > suspected of placing the sign under the car. In Josh's video,
Officer 
> > Wolf is shown struggling to cuff the suspect amid shouts of: "Get
off 
> > him, you're choking him!" and "Hey cop, you're going to jail for 
> > police brutality!" Above the din, Officer Wolf heard the sound of 
> > fireworks and saw smoke coming from the direction of his patrol
vehicle.
> >
> > Back at the car, Shields attempted to arrest someone lighting 
> > fireworks under the vehicle, igniting the foam underneath. Another

> > protester then struck Shields from behind. By the time Officer
Wolf 
> > returned to the vehicle, his partner was bleeding profusely from
the 
> > head, the victim of a fractured skull.
> >
> > Local law enforcement has charged three protesters with
misdemeanors. 
> > The federal government now seeks justice on behalf of Shields, as 
> > well as investigating the damage to his vehicle.
> >
> > Because he was videotaping Officer Wolf at the time, it's
improbable 
> > that Josh Wolf's tape also contains footage of Shields being hit
on 
> > the head or of fireworks being placed under the patrol vehicle.
The 
> > Justice Department is likely looking for something else that may
be 
> > on his tape, though they won't divulge what that something is.
> >
> > Wolf doesn't want to give up the complete, unedited version of the

> > tape. He believes the federal government is indiscriminately 
> > monitoring antiwar groups under suspicion of terrorism, and as a 
> > journalist he shouldn't be forced to surrender unused footage in 
> > support of that investigation. He won't say, though, what's on the
15 
> > or more minutes of the confidential portion of video.
> >
> > Josh Wolf doesn't look like much of a revolutionary. With slicked,

> > wavy hair, long sideburns, and the heels of his jeans fraying over

> > Eurotrash sneakers, he seems more like a college kid (which he is
— 
> > he'll graduate from San Francisco State this May). Yet Wolf
believes 
> > that the "corporate media" will collapse within a decade, and, as
co-
> > founder of various indie media-related projects, he hopes to help 
> > create the alternative that replaces it. But that future hasn't 
> > arrived, so Wolf works as outreach director of a community college

> > television station. When he realized his July protest video was
worth 
> > something, he sold an edited version to local TV stations.
> >
> > A few days after the protest march, trouble arrived at his door,
in 
> > the form of a geeky man carrying a briefcase. "Can I ask you a few

> > questions?"
> >
> > Wolf thought the guy was a reporter. So he opened the entrance
gate 
> > of the building and let him in.
> >
> > Then the man flashed his badge: FBI.
> >
> > The agent, his partner, and two SFPD investigators interrogated
Wolf 
> > for an hour and a half about the protest. He doesn't remember much
of 
> > what they asked, other than their wanting to know who struck
Shields. 
> > Eventually, the investigators asked for his videotape, and Wolf
told 
> > them he had to speak with his (at the time, nonexistent) lawyer.
Wolf 
> > dialed the phone number ingrained in his head for years — 205-1011
— 
> > the local chapter of the National Lawyers Guild. He learned that
the 
> > authorities needed a subpoena to force him to give up the tape. In

> > February, FBI agents served him with one.
> >
> > Two weeks ago, Wolf's pro-bono lawyers argued a motion in federal 
> > court to quash the subpoena before Judge Maria-Elena James. They 
> > claimed that Wolf is protected by California's shield law, which 
> > allows journalists to maintain confidential unpublished
information 
> > obtained during newsgathering. The law lets journalists cast a
wide 
> > net in reporting, even though they may end up seeing or hearing 
> > actions that are illegal. Granting the government widespread power
to 
> > request unused recordings, Wolf's lawyers argued, would turn 
> > journalists into an arm of the Justice Department, creating a 
> > chilling effect among citizens, thereby violating their First 
> > Amendment rights of free speech and assembly.
> >
> > Of course, this contention assumed that Wolf, a self-appointed 
> > citizen-journalist, is every bit as much a "professional" as the
men 
> > and women with years of experience and an editor reviewing their
copy 
> > — something that's still a matter of debate among the media. 
> > Nevertheless, as more Americans become self-appointed citizen 
> > journalists, with camera phones and digital cameras and even cheap

> > handheld video cameras, more "news" will come from people like
Wolf.
> >
> > Federal privilege law, which offers fewer protections for
journalists 
> > than California law, applies in federal court. But it's unclear
which 
> > federal crimes took place on July 8 and the government has made
very 
> > little of the investigation public, although its court filing
argued 
> > that protesters damaging a police vehicle, paid for partly with 
> > federal funds, was enough to rouse suspicion of federal crimes. 
> > Wolf's lawyers contended that the subpoena was an unreasonable use
of 
> > federal power to aid local and state investigations.
> >
> > Wolf called the investigation an FBI witch hunt of anarchists, 
> > pointing out that the FBI Joint Terrorism Task Force has monitored

> > many antiwar groups since 9/11, including Indymedia.
> >
> > To demonstrate that the subpoena was an unreasonable violation of
his 
> > rights as a journalist, Wolf had to prove that the grand jury was 
> > overreaching. He'd been visited by members of the FBI's Joint 
> > Terrorism Task Force and the SFPD together, and he cited other
recent 
> > indiscriminate monitoring and prosecution of suspected anarchists
by 
> > the Justice Department. However, without access to details of the 
> > grand jury investigation, there was little he could prove.
> >
> > On April 5, Judge James denied Wolf's motion to quash, partly
based 
> > on an in camera (non-public) review of some portions of the grand 
> > jury investigation, which weren't shown to Wolf. It's likely that
the 
> > government will now re-subpoena the tape.
> >
> > Wolf doesn't have many options. If he refuses to turn over the
tape, 
> > he could wait for an arrest warrant, which might lead to jail time
if 
> > he doesn't cooperate. Or he could wait until the government
obtains a 
> > warrant to search his apartment, and make it very hard for them to

> > find the video. There's also a slight chance of working out a deal
to 
> > show the government only a portion of the tape.
> >
> > In her ruling, the judge noted that the protest took place in
public, 
> > rendering Wolf's argument of reporter confidentiality
"meaningless." 
> > Taken to its logical extreme, that reasoning means any recording
or 
> > reporting done by anyone in public is not confidential, and is the

> > equivalent of transforming the commons into a Big Brother-esque 
> > monitored zone. Yet as long as the Justice Department suspects
that 
> > some federal crime may have been committed, they can subpoena 
> > anything that might be applicable to the investigation.
> >
> > "The Assistant U.S. Attorney said the government has the duty to
see 
> > if anything suspicious occurred, and then determine if there's a 
> > crime," Wolf says. "That's not a world I want to live in."
> >
> >
> >
> >
> >
> >
> >
> > ____________________________________________
> > "We can bomb the world to pieces, but we can't bomb it into to
peace."
> > "Power to the peaceful!"
> >
> > Spearhead - Bomb the World
> >
>






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