Jailed San Francisco Video Journalist Released

By: Freelance video journalist Josh Wolf was released from prison on Friday after a federal court said he could go free while he appeals his jailing for refusing to turn over footage of a political protest. Wolf has drawn support from many journalist groups.

Wolf left a federal correctional facility in Dublin following nearly a month behind bars for challenging a grand jury subpoena to turn over the footage sought by federal prosecutors in San Francisco.

A lawyer for the journalist, who was found in contempt of court for his refusal, said Thursday's suggested the 9th U.S. Circuit Court of Appeals was ready to consider whether reporters should be shielded from revealing confidential sources and unpublished material.

"The implication I draw from this is, they concluded the appeal has some merit," said Wolf's attorney, Dan Siegel.

In ordering Wolf's release, a two-judge panel of the 9th Circuit said in a brief order that the appeal was neither frivolous or for the "purpose of delay."

Wolf, 24, videotaped a July 2005 protest during the G-8 economic summit where anarchists were suspected of vandalizing a city police car. One San Francisco officer was struck during the rally and his skull was fractured.

Wolf sold some of the footage to San Francisco television stations and posted it on his Web site, but refused to turn over unpublished material. He was jailed Aug. 1.

The government, and the District Court judge who jailed him, cited a 1972 Supreme Court precedent that reporters, like everyone else, must "respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial."

Wolf appealed, and the 9th Circuit said Thursday he could be freed while it considers whether he was properly held in contempt of court.

Wolf would be freed on his own recognizance, Siegel said.

The appeals court did not indicate when it would rule on the merits of Wolf's appeal. San Francisco federal prosecutors, who brought the case, declined comment.

Wolf's lawyers argued that for Wolf to turn over unpublished material would amount to him becoming "an arm of the government." Because of the subpoena, his backers said underground groups that Wolf chronicles are denying him access.

The American Civil Liberties Union said federal authorities are disregarding California's shield law, which generally allows journalists to decline to divulge unpublished material to state authorities. That shield, however, does not attach to federal investigations.

Although the incident involved the San Francisco police, federal authorities are investigating because the incident involves the destruction of federally funded property.

[Leaders of the Society for Protection of Journalists (SPJ) negotiated with Wolf's lawyers, convincing them to cap the 24-year-old's legal fees at $60,000. The Society's board of directors agreed to pay $30,000 of Wolf's legal expenses using SPJ's Legal Defense Fund. Now the Society is challenging other journalism groups to raise enough money to cover the rest of Wolf's legal bills. "We are grateful to Josh for taking a firm stand at tremendous personal cost on an issue that affects all journalists," SPJ President Christine Tatum said on Thursday. "While Josh's release likely has no bearing on the outcome of his case pending before the 9th U.S. Circuit Court of Appeals, we're happy he won't have to suffer imprisonment until a decision is made."]