Students get FBI documents through FOIA

(AP Photo/Mark Lennihan) Photo of David Halberstam

By: Stephanie Ohol


According to the First Amendment Center, a group of graduate students at the City University of New York's Graduate School of Journalism obtained FBI documents about the late Pulitzer Prize-winning journalist and author David Halberstam. Then they published the documents on the school’s website. The students were able to obtain the records by filing a Freedom of Information Act request.

The students discovered that the FBI had been tracking the journalist for more than two decades. The FBI monitored Halberstam’s reporting and his personal life from about 1965-to the late 1980s. The associated press article stated, “the agency released 62 pages of a 98-page report on the writer, citing security, privacy and other reasons.” The articles also said it was unclear when the FBI began watching Halberstam, “though the first documents made public date from 1965, when he was a Times correspondent in Poland during the Cold War.”

The documents showed that the FBI watched his reporting from overseas and his first marriage to a Polish actress. “The files included published reports of Polish officials expelling Halberstam and his wife from the country because of his news stories about Poland's communist leaders. It also included stories written by Halberstam and telephone company records of calls to him.”

The documents also showed that “FBI agents considered interviewing Halberstam, but never state why they wanted to talk to him or whether they ever did. The last document released is dated 1987.” The article said the FBI declined to comment for this story but a spokesman did say, "the FOIA speaks for itself."

Back in the 1950s-1970s the FBI used to monitor groups that were believed to have communist and socialist ties like the Ku Klux Klan and civil rights groups.

In 1964, Halberstam won a Pulitzer for his coverage of the Vietnam War while working as a reporter for The New York Times. He also wrote The Best and the Brightest, a best-selling book critical of U.S. involvement in Southeast Asia.

Judge asked to block deposition in Salt Lake City FOIA Case

By Laura DeJoseph

© Associated Press 2004 (Photo by Donna McWilliam)
Photo of Terry Nichols.

According to First Amendment Center, the Federal Bureau of Investigations requested the 10th Circuit Federal Appeals Court stop a request to videotape Oklahoma City bombing conspirator, Terry Nichols, as well as inmate and death row acquaintance of of Timothy McVeigh, David Paul Hammer for a deposition in court.

The request comes from Jesse Trentadue, brother of Kenneth Trentadue, who died in an Oklahoma City prison. Trentadue is trying to find evidence to explain his brother’s death. The brother’s death was ruled a suicide by hanging, but his body was covered in over 40 injuries and bruises after an interrogation where Trentadue believes his brother was mistaken for an associate of McVeigh.

Trentadue hopes that by questioning Nichols and Hammer he will be able to find out about FBI documents that he may then request and be given more answers about his brother’s death.
US District Judge Dale A. Kimball granted access in the

State Freedom of Information Act request this week. Judge Kimball’s only condition was that the two inmates were willing to cooperate with Trentadue, which they are.

US Attorneys disagree with the decision to allow the deposition, saying that FOIA laws cover documents, not necessarily people.

On November 4, US Attorneys requested that the 10th U.S. Circuit Court of Appeals consider the case.

Oakland Tribune photojournalist arrested

© 2006 Associated Press
Photo by: Nick Ut
High School Immigration Protest in

Los Angeles, CA



By: Taj R. Chrisp

On Friday in Oakland, California an Oakland Tribune photojournalist named Jane Tyska had her video footage confiscated while she was filming students who were participating
in a protest federal immigration policy.
Tyska was documenting the protest outside of the Fruitvale BART, and then after thirty minutes of documentation she was arrested by an Oakland Unified School District police officer.
According to the Oakland Tribune, Officer Art Michel claims that he was trying to control protesters when Tyska was accused of interferring with his duties which could have incited riots or other problems.
According the the Executive Director of the California First Amendment Coalition, Peter Scheer, police are usually not allowed to take what is seen as evidence without a warrant or subpoena.
As of now it is unclear whether or not the Alameda County District Attorney's office will press charges.

Florida Supreme Court Rules in Favor of No False Light

Photo by: Dave Martin
(c) 2000 Associated Press

People gathering outside the Florida Supreme Court

by Katlyn Morahan

According to the Tampa Tribune, the Florida Supreme Court has made two recent decisions that have stopped people who live in Florida from suing newspapers for false light.

The first case was between Edith Rapp and Jews for Jesus. Rapp's stepson had alluded in the Jews for Jesus newsletter that his stepmother had become a convert to Christianity. Rapp claimed the writing portrayed her in a false light, however in the trial court Jews for Jesus argued that a reasonable person would not be offended by the description in the newsletter. The trial court and the Fourth District Court of Appeals agreed and said the content did not put Rapp in a false light. The Florida Supreme Court then ruled that false light claims could not be made in the state because of the vague concept.

The second case involved the Pensacola News Journal and road contractor Joe Anderson. The newspaper had published a story saying that while Anderson had been on probation for mail fraud, he shot his wife by accident resulting in her death. Anderson said the story cost him a well-paid contracting job and portrayed him in a false light. The trial court ruled for Anderson, but the First District Court of Appeals overturned the verdict. The Florida Supreme Court then used its earlier ruling from the Rapp case an rejected Anderson's appeal.

The recent decisions do not release Florida newspapers from the responsibility of not publishing defamatory statements, however the decisions will put an end to many of the trivial lawsuits Florida newspapers have recently had to defend.

Photographer’s videocamera confiscated and not returned after being arrested for crossing the line two weeks ago.

AP Photo
(c) 2007 Shari Vialpando

By: Stacey Foster

A Chicago freelance photographer was arrested and his videocamera and still cameras taken from him, the Reporter’s Committee Freedom of the Press says. Police say photographer, Mike Anzalde, refused to stay behind the police line marked with yellow tape about two weeks ago.

According to The Pioneer, a newspaper, Anzalde says the police officers remarks are “absolutely untrue… The video would prove it.” However, the police kept the videocamera because the incident is now "an ongoing investigation." The two still cameras were returned, but the memory cards holding the photos were erased.

At the time of the breaking news Anzalde was covering; he was standing across the street from the incident with his press credentials in the car, The Pioneer said. A police spokeswoman came over while Anzalde was talking with neighbors and gathering the story. She told him he was “not allowed to photograph a crime scene.” Anzalde replied, “fine.”

Later, according to The Pioneer, a family member involved with the breaking story came on scene. Andzalde took out his videocamera. The same spokeswoman came over and reiterated her request - this time she also asked him for his press credentials which he didn’t have on him - but in his car. He was then arrested.

Andzalde was held for nine hours, according to The Pioneer. He was charged with resisting or obstructing a police officer. He is scheduled to appear in court November 19.

Judge to review wiretapping memos

Photo: Charles Dharapak

© 2008 Associated Press

Pictured: Judge Henry Kennedy Jr. 

By Kyle Austin

The Justice Department, by order of a federal judge, will turn over memos relating to the warrantless-wiretapping program instituted by President George W. Bush in 2001, the Associated Press is reporting.

The memos reportedly contain a legal basis for the Justice Department to institute the controversial wiretapping program, in which the government could listen in on telephone calls of citizens without a warrant. The Justice Department had previously kept the memos classified, citing both an attorney-client privilege and the idea that releasing the documents could harm national security.

U.S. District Judge Henry Kenney Jr. will review the documents and release any information that does not jeopardize national security or violate attorney-client privilege. He said that arguing for classifying the entire set of documents based on attorney-client privilege “too vague,” without being able to see the documents themselves, the AP reported.

The documents must be produced by the justice department by Nov. 17. The order comes in response to lawsuits filed by civil liberties groups in 2006, after the wiretapping program was first reported.

Grieving mother wants her daughter's murder kept out of the news

Photo by: Christof Stache © 2008 Associated Press

By: Caitlin Hogan
According to The Forum, Penny Ripplinger held a press conference Thursday with local Fargo media outlets, begging local newspapers, television and radio stations not to use police reports about her daughter’s death. Her daughter, Whitney Carlson was murdered by the girl’s brother Sergei Isaac Carlson in July 2007.

“By the media obtaining and possibly using this information, my pain and privacy and my baby girl would be exploited for the sake of selling newspapers and gaining listeners to your airwaves,” said Ripplinger.

The recent attention to the case stems from Carlson’s sentencing to life in prison with the possibility of parole on October 23. Following the trial, Ripplinger and her family were disappointed to learn that The Forum, a Fargo newspaper, and KFGO AM radio requested police documents and evidence, including Carlson’s confession and Ripplinger’s 911 phone call. The documents became public record after the sentencing.

KVRR and WDAY, local television stations, requested police documents before the Ripplinger’s press conference and KVLY/KXJB, another local television station, made requests after the press conference.

According to Matthew Von Pinnon, a Forum editor, requesting the entire police file in a murder case allows the media to have a full understanding of the incident. At this time, the police files have still not been released to the newspaper.