JONATHAN TURLEY

Afghan journalist Rahmatullah Naikzad has released a videotaped of the kidnapping and execution of two women, shown below, for their alleged involvement in a prostitution ring. The video is graphic and the viewer can hear that at least one woman screaming. It is another example of the barbarism still carried out by the Taliban under Sharia law. It is also more evidence of the return of the Taliban in a surge of its own in Afghanistan.

Continue reading ‘Shock Video: Journalist Films Taliban Execution of Two Women for Prostitution’

When Ahmad Batebi appeared on the cover of the Economist nine year ago, the world was struck by the image of his holding up a shirt covered in the blood of another protester. The religious fanatics in Iran responded by arresting Batebi and torturing him. He was sentenced to death and then given a commuted sentence of 15 years. He recently escaped Iran to Iraq and is now in the United States.

Continue reading ‘Iranian Photographer and Protester Who Appeared in Famous Photo Escapes Iran After Years of Torture’

In Massachusetts, former radio reporter and talk how host on KLIK-AM, James Keown has been found guilty of killing his wife, Julie Keown, with antifreeze in her Gatorade. He was sentenced to life in prison without parole for the murder — purportedly committed for Julie’s $250,000 life insurance policy.

Continue reading ‘Former Reporter and Talk Show Host Guilty of Murdering Wife with Antifreeze’

After a stinging opinion by U.S. District Judge Denny Chin in February, NBC has thrown in the towel on its defense of “Dateline NBC: To Catch A Predator” in the suicide of a former prosecutor. Louis William Conradt Jr. shot himself after the program accused him of engaging in sexually explicit chats with an adult posing as a child. The program then allegedly pushed for his arrest when he failed to show up at a sting operation.
Continue reading ‘NBC Settles Dateline Predator Lawsuit Over Prosecutor’s Death’

In light of this week’s settlement in the NBC Dateline case, this past column on talk show liability may be of some interest. From cop shows to talk shows, reality television can suddenly throw average citizens into highly stressful or embarrassing situations. In the recent Dateline case, such actions were alleged as the cause of the suicide of a prosecutor who was accused of sexually explicit communications with an adult posing as a child in a chat room.

Continue reading ‘Talk Show Torts’

Many would find it a bit of a curious testament to the late Tim Russert that a junior employee who broke the story of his death was fired for updating Russert’s Wikipedia site. When Russert died on June 13th, the first public word appeared on Wikipedia and NBC officials were irate — since they were still trying to reach family and control the story for their own coverage.

Continue reading ‘Curious Testament: Employee Fired After Breaking Story of Russert’s Death on Wikipedia’

Randi Goldklank, 40, the general manager of WHDH-TV (NBC), has resigned her position in Boston after pleading disorderly conduct and resisting arrest. The arrest at Logan International Airport was the obvious result of drinking and the plea means that Goldklank will not face assault and battery charges.

Continue reading ‘It’s a Wrap: Television General Manager Resigns After Guilty Plea’

Veteran newsman and my friend Tim Russert has died at 58. I was floored to learn the news because we just saw each other on Sunday at NBC. As a former employee of NBC and repeated guest on Meet the Press, I came to view Tim as a friend and an inspiration.

Continue reading ‘Tim Russert Dies at 58′

The steady decline of student rights and free speech continues with another high school cracking down on free speech. In Redding, California, Shasta High School’s student newspaper Shasta High Volcano will be shutdown because administrators did not like a photograph of a flag-burning student.
Shasta High School Principal Milan Woollard appears to believe that conformity and censorship are important components to teach new citizens.

Continue reading ‘Censorship 101: High School Shuts Down Student Newspaper Over Flag-Burning Photograph’

When a bug flew into the mouth of this reporter covering a death at Augusta High School for Channel 4, the reaction on the video below was rather adverse.

Continue reading ‘Perils of the Press: Reporter Has Adverse Reaction to “Bugging”’

In a serious attack on both free speech and free press, the Singapore government has arrested a California blogger (and U.S. citizen) after Gopalan Nair, 58, criticized Justice Belinda Ang Saw Ean. Nair is a former Singapore lawyer who is now charged with insulting a public servant and has already spent a year in jail. He could be faced with one year in prison.

Continue reading ‘California Blogger Arresed for Saying that Singapore Judge is “Prostituting Herself”’

From Bill O’Reilly to Sue Simmons, on-air meltdowns by television personalities is now the rage on the Internet, so Gawker put together the collection below.

Continue reading ‘Top Ten Television Meltdowns — An Early Holiday Collection Package’

New York WNBC anchor Sue Simmons shocked many when she screamed the “F” word during a live teaser in the video below. While radio uses a delay, television remains truly live — preventing quick action to block such transmissions. This is not unique as these other videos indicate.
Continue reading ‘Video: Anchor Sue Simmons Drops “F Bomb” on Air’

This video shows that even Vice President Dick Cheney’s plane blows off media on occasion. The plane returned a few second later to strafe the tarmac for survivors.

Continue reading ‘Blowing Off the Media: Video Shows the Perils of Covering Dick Cheney’

It is not clear whether this will be more significant as a criminal or a defamation claim. CNN personality Richard Quest was arrested on April 18th. Various news organizations reported that he was found with a small bag of methamphetamine. Bad, but not particularly interesting. However, the New York Post has alleged that Quest was also caught with a rope around his neck that was tied to his genitals, and a sex toy in his boot. A bit of a difference and one that could lead to some interesting litigation if found to be untrue or misleading. Continue reading ‘CNN Personality Arrested in New York in Allegedly Bizarre Circumstances’

Media groups are protesting the attack killing a journalist captured in a remarkable video below — showing an Israeli tank firing and hitting a clearly marked press vehicle. A medical examination showed on Thursday indicated that metal darts from the shell was the cause. Continue reading ‘Video: Israeli Tank Allegedly Fires on or Near Press Vehicle’

In light of the prior entries on the perils faced by the Fourth Estate, the video below captures how unpredictable live reporting can be. Continue reading ‘The Perils of the Press’

There is a controversy brewing over at Wikipedia. Someone at the office of the Army Deputy Chief of Staff for Intelligence appears to have edited out an article about Major Alan Rogers, who died serving this country in Iraq. The Pentagon editor apparently objected to the recognition of the fact that Rogers was not only a hero, but gay. Continue reading ‘Pentagon Accused of Editing Out Wikipedia Reference to Solider’s Sexual Orientation’

Now, this is reality TV at its best. This month, Indians were glued to their television as India’s leading tantrik or black magician Pandit Surinder Sharma tried repeatedly to kill atheist Sanal Edamaruku first with a death-causing tantra and then later with the “ultimate destruction ceremony” on live TV. This display was the result of a high-ranking government official Uma Bharati (former chief minister of the state of Madhya Pradesh) accusing her political opponents of using tantrik to cause disasters in her life. Continue reading ‘Indian Tantrik Tries to Kill Man on Television with Black Magic’

There has been much speculation about the expected criminal indictment of former Eliot Spitzer, but relatively little about Client No. 9’s co-conspirator, Ashley Alexandra Dupre (AKA “Kristen”). In reality, she faces not just possible criminal but civil charges while rapidly losing her own ability to sue for defamation and privacy violations. With the reported $1 million deal to pose for Hustler magazine, civil litigation may well be considered to ensure that Dupre does not enrich herself on the scandal.

Continue reading ‘Call Girl Interrupted: Ashley Dupre Could Face Potential Criminal and Civil Charges’

This is hardly a promising start to a day for the Fourth Estate. These videos show attacks on reporters and reporters attacking themselves. Continue reading ‘Bad Press Day: Reporter Attacks Pole, Family Attacks Reporter, Anchor Attacks Reporter; Reporter Attacks Anchor’

The United States Court of Appeals for the District of Columbia blocked the $5000 a day fines imposed on former USA Today reporter Toni Locy by Judge Reggie Walton for refusing to reveal her sources in stories about the criminal investigation of the 2001 anthrax attacks. The lawsuit was brought by Steven Hatfill, a scientist ruined by intentional leaks by government officials. Continue reading ‘Court Stays Running Fines Against Locy in Anthrax Litigation’

Former USA Today reporter (and now West Virginia journalism professor) Toni Locy faces financial ruin after an extraordinary order from U.S. District Court Judge Reggie Walton. The court imposed $5000 a day on her personally for refusing to disclose her sources in the case filed by former Army scientist, Steven J. Hatfill related to the 2001 anthrax attacks. The question is whether this order will finally prompt Congress to pass a need federal shield law. Continue reading ‘Federal Judge’s Order Could Financially Ruin Former Reporter for Protecting Sources’

Pensacola News Journal faces possible insolvency if the Florida Supreme Court upholds an $18 million judgment against it for publishing true facts in a false light case. At issue is the inclusion of true facts about how Joe Anderson, the owner of one of the state’s largest paving companies, killed his wife. The inclusion of those facts in a series on the paving company was viewed as actionable false light — an allegation that a Florida jury accepted. Continue reading ‘Newspaper Appeals $18 Million for Publishing True Story in False Light Case’

Samantha Power is an award-winning and respected academic has served as Mr Obama’s key foreign policy aide. She has now resigned after the Scotman newspaper published an off-the-record comment about Hillary Clinton, calling her a “monster” who will do or say anything to get elected. What I find most disturbing is the complete absence of journalistic ethics on the part of this newspaper. Years ago, I had a run in with the Scotsman over their publication of an interview or column that they attributed to me. I never gave them an interview or spoke with them. Continue reading ‘Beware of Scotsman: Aide Fired After Newspaper Publishes Off-Record “Monster” Comment’

Jerry Seinfeld has asked a judge to dismiss a lawsuit filed by Missy Chase Lapine over comments made about her on national television. Seinfeld insists that he was just joking, but the laugh could be on him under the standard for such pre-trial dismissal. Continue reading ‘Just Kidding: Seinfeld Moves to Dismiss Lawsuit’

A New York woman has filed in interesting torts case against ABC News over a “Primetime” segment called “Stepfamilies in Crisis.” On the 2006 segment , ABC showed Kyle Nelson, then 15, being held down and punched by her stepfather Joe Nelson. She is now suing the network for failing to intervene and invasion of privacy, among other torts. Continue reading ‘Abused Girl Sues ABC for Over Filming of Her Beating by Step Father’

Belarus has long been a dangerous place for both free speech and a free press. However, many gasped when a court sentenced journalist Aleksandr Sdvizhkov to three years hard labor for publishing the cartoons of Muhammad that led to worldwide protests. This follows an equally abusive decision of the government to shutdown his newspaper, Zgoda (Consensus), over the incident. Continue reading ‘Free Press: Journalist Sentenced to Three Years Hard Labor for Publishing Cartoons of Muhammad’

A recent survey in Chicago shows that only one in four Americans can name more than one of the five freedoms contained in the first amendment. Only one in a thousand could name all of the freedoms. However, more than half can name at least two members of the Simpson family. Doh! Of course, Homer, Marge, Lisa, Bart and the rest of the characters are not devoid of constitutional significance, as discussed below. Continue reading ‘Freedom of Speech . . . and Freedom from Knowledge: Only One in 1000 Americans Polled Could Name the Five Freedoms of the First Amendment’

After the loss of many American lives and billions in American dollars, the justice system in Afghanistan seems to be de-evolving back into the Taliban-style Islamic extremism. Journalist Sayed Perwiz Kambakhsh, 23, has been sentenced to death for merely downloading material deemed blasphemous to Islam relating to the role of women in Islamic societies. Not only has the U.S.-backed government sentenced him to death, one of its top “justice” officials has threatened to severely punish any reporter even expressing support for Kambakhsh. Continue reading ‘Afghan Justice: Government Sentences Journalist to Death for Blasphemy Against the Prophet’

Scientology has long been criticized for using litigation to wear down anyone who challenges or investigates its church. Now, Gawker and other sites found themselves the recipients of threatening letters not to show the video, which contains a rather odd interview with Cruise in a frenzy over Scientology and its powers. The claim of copyright infringement and criminal violations appears a scare tactic given the newsworthy content of the video. While some sites immediately buckled under the pressure, Gawker has taken a public and defiant stance against Church. While Scientology founder L. Ron Hubbard told his supporters that litigation is meant to harass enemies not win cases, this is one first amendment fight the Church may want to avoid. Continue reading ‘Scientology Lawyers Go After Bloggers and Sites Featuring Bizarre Cruise Videotape’

The Christa Worthington murder case has taken a surprising turn as jurors allege that racism played a role in the conviction of Christopher McCowen for the crime. The allegations are strikingly similar to those of a juror in the recent conviction of John White in New York. What is remarkable is that the judge in the Worthington murder case has decided to call the jurors to address the allegations in open court. Continue reading ‘Jurors Allege Racism and Coercion in Murder of Fashion Writer Christa Worthington’

The case against the two Arizona newspaper executives has been dropped by the Maricopa County Attorney Andrew Thomas. Continue reading ‘Case Dropped Against Arizona Jounalists — Prosecutor Removed’

Despite refusing to denounce water-boarding as torture and cl aiming a lack of knowledge of the technique, leading democrats are still praising Mukasey for “at least answering the question.” He has also come out against a major reform demanded after attacks by the Administration. Continue reading ‘Mukasey Opposes Federal Shield Law to Protect Journalists and the Free Press’

In a clear attack on the first amendment, the editors of an Alternative Newspaper have been arrested on charges of violating Grand Jury secrecy. Continue reading ‘Attack on the Free Press: Arizona Officers Arrest Journalists for Disclosing Grand Jury Abuse’

Published May 4, 2004

Last week, a New York federal judge refused to dismiss a defamation case that reads like a mix of Dr. Ruth and Dr. Seuss. At its heart is a controversy over what a procurer of prostitutes in Dubai told a “horse whisperer” in Germany who told a gossipmonger in New York who told millions of Americans about former Congress member Gary Condit. Though this might sound like a game of post office for pundits, the stakes are high — for commentators, the Constitution and for Condit. Continue reading ‘Dominick Dunne, Gary Condit, and the Horse Whisperer’

Published 5/16/2006

This month, Congress is faced with a most inconvenient crime. With the recent disclosure of a massive secret database program run by the National Security Agency involving tens of millions of innocent Americans, members are confronted with a second intelligence operation that not only lacks congressional authorization but also appears patently unlawful. In December, the public learned that the NSA was engaging in warrantless domestic surveillance of overseas communications — an operation many experts believe is a clear federal crime ordered by the president more than 30 times.
What is most striking about these programs is that they were revealed not by members of Congress but by members of the Fourth Estate: Journalists who confronted Congress with evidence of potentially illegal conduct by this president that was known to various congressional leaders.

In response, President Bush has demanded to know who will rid him of these meddlesome whistle-blowers, and various devout members have rushed forth with cudgels and codes in hand.

Now, it appears Congress is finally acting — not to end alleged criminal acts by the administration, mind you, but to stop the public from learning about such alleged crimes in the future. Members are seeking to give the president the authority to continue to engage in warrantless domestic surveillance as they call for whistle-blowers to be routed out. They also want new penalties to deter both reporters and their sources. Continue reading ‘Down to the Fourth Estate: The Failure of the American System to Protect Liberty’

Statement for the Record
Jonathan Turley
J.B. and Maurice C. Shapiro Professor of Public Interest Law
George Washington University Law School

May 26, 2006

Before the Permanent Select Committee on Intelligence
United States House of Representatives

I.
INTRODUCTION

Chairman Hoekstra, Representative Harman, members of the Select Committee, thank you for inviting me to testify on the role and responsibility of journalists in covering classified subjects.
The subject of today’s hearing carries particular significance for me as someone who regularly works in both the law and the media. On the legal side, I hold the Shapiro Chair for Public Interest Law at George Washington University where I teach relevant subjects that range from constitutional law to defamation to criminal procedure. In addition to writing on national security subjects as an academic, I have served as counsel in a variety of national security and espionage cases, including as lead counsel in the current terrorism case United States v. Al-Timimi. My litigation background includes cases that have dealt with attorney and journalistic privileges as well as executive privilege and the military and state secrets privilege. Due to my work in cases handling classified material, I have held a clearance since the 1980s.
On the media side, I have worked as a legal commentator for roughly two decades. I am a member of the USA Today Board of Contributors and write regularly for various newspapers, including The Washington Post, Los Angeles Times, Chicago Tribune, and other publications. I have also had four stints under contract with NBC and CBS news and continue to appear as a legal analyst regularly on various broadcast and cable programs.
Many lawyers and journalists have become increasingly alarmed by the erosion of protections for the media in this country. While we often refer to our country as the cradle of press freedom, it is not true that the United States currently represents the high water mark for journalistic rights and privileges. Despite our great tradition of a free press and our extensive media industry, other nations now extend greater protections to their reporters and recent coercive measures against reporters have made the United States an area of considerable concern for international organizations.
The recent controversy over press freedom comes at a time when we have never been more dependent on the Fourth Estate to challenge and check the government’s otherwise unbridled authority. In the last few years, we have faced one of the most serious constitutional crises in our history. President Bush has claimed the authority to violate or to circumvent federal law when he deems it to be in the nation’s interest. There continues to be a raging debate over the President’s authority to order warrantless domestic surveillance and other controversial (and potentially criminal) operations. These are controversies that the Administration obviously would have preferred to avoid. Much anger has been directed at the media and there have been calls for new penalties and prosecutions for reporters and their sources. Continue reading ‘Press Freedom and the War on Terrorism: Testimony in the House Intelligence Committee’