Bill Moyers
Chevron’s “crude” attempt to suppress free speech
As BP oil pours into the Gulf, another petrol giant wins a legal victory over independent journalism
Even as headlines and broadcast news are dominated by BP’s fire-ravaged, sunken offshore rig and the ruptured well gushing a reported 210,000 gallons of oil per day into the Gulf of Mexico, there’s another important story involving Big Oil and pollution — one that shatters not only the environment but the essential First Amendment right of journalists to tell truth and shame the devil.
(Have you read, by the way, that after the surviving, dazed and frightened workers were evacuated from that burning platform, they were met by lawyers from the drilling giant Transocean with forms to sign stating they had not been injured and had no first-hand knowledge of what had happened?! So much for the corporate soul.)
But our story is about another petrochemical giant — Chevron — and a major threat to independent journalism. In New York last Thursday, Federal Judge Lewis A. Kaplan ordered documentary producer and director Joe Berlinger to turn over to Chevron more than 600 hours of raw footage used to create a film titled Crude: The Real Price of Oil.
Released last year, it’s the story of how 30,000 Ecuadorians rose up to challenge the pollution of their bodies, livestock, rivers and wells from Texaco’s drilling for oil there, a rainforest disaster that has been described as the Amazon’s Chernobyl. When Chevron acquired Texaco in 2001 and attempted to dismiss claims that it was now responsible, the indigenous people and their lawyers fought back in court.
Some of the issues and nuances of Berlinger’s case are admittedly complex, but they all boil down to this: Chevron is trying to avoid responsibility and hopes to find in the unused footage — material the filmmaker did not utilize in the final version of his documentary — evidence helpful to the company in fending off potential damages of $27.3 billion.
This is a serious matter for reporters, filmmakers and frankly, everyone else. Tough, investigative reporting without fear or favor — already under siege by severe cutbacks and the shutdown of newspapers and other media outlets — is vital to the public awareness and understanding essential to a democracy. As Michael Moore put it, “The chilling effect of this is, [to] someone like me, if something like this is upheld, the next whistleblower at the next corporation is going to think twice about showing me some documents if that information has to be turned over to the corporation that they’re working for.”
In an open letter on Joe Berlinger’s behalf, signed by many in the non-fiction film business (including the two of us), the Independent Documentary Association described Chevron’s case as a “fishing expedition” and wrote that, “At the heart of journalism lies the trust between the interviewer and his or her subject. Individuals who agree to be interviewed by the news media are often putting themselves at great risk, especially in the case of television news and documentary film where the subject’s identity and voice are presented in the final report.
“If witnesses sense that their entire interviews will be scrutinized by attorneys and examined in courtrooms they will undoubtedly speak less freely. This ruling surely will have a crippling effect on the work of investigative journalists everywhere, should it stand.”
Just so. With certain exceptions, the courts have considered outtakes of a film to be the equivalent of a reporter’s notebook, to be shielded from the scrutiny of others. If we — reporters, journalists, filmmakers — are required to turn research, transcripts and outtakes over to a government or a corporation — or to one party in a lawsuit — the whole integrity of the process of journalism is in jeopardy; no one will talk to us.
In his decision, Judge Kaplan wrote that, “Review of Berlinger’s outtakes will contribute to the goal of seeing not only that justice is done, but that it appears to be done.” He also quoted former Supreme Court Justice Louis D. Brandeis’ famous maxim that “sunlight is said to be the best of disinfectants.”
There is an irony to this, noted by Frank Smyth of the Committee to Protect Journalists. Brandeis “made his famous sunlight statement about the need to expose bankers and investors who controlled ‘money trusts’ to stifle competition, and he later railed against not only powerful corporations but the lawyers and other members of the bar who worked to perpetuate their power.”
In a 1905 speech before the Harvard Ethical Society, Brandeis said, “Instead of holding a position of independence, between the wealthy and the people, prepared to curb the excesses of either, able lawyers have, to a large extent, allowed themselves to become adjuncts of great corporations and have neglected the obligation to use their powers for the protection of the people.”
Now, more than a century later, Chevron, the third largest corporation in America, according to Forbes magazine, has hauled out their lawyers in a case that would undermine the right of journalists to protect the people by telling them the truth. Joe Berlinger and his legal team have asked Judge Kaplan to suspend his order pending an appeal to the United States Court of Appeals for the Second Circuit.
As the Independent Documentary Association asserts, “This case offers a clear and compelling argument for more vigorous federal shield laws to protect journalists and their work, better federal laws to protect confidential sources, and stronger standards to prevent entities from piercing the journalists’ privilege. We urge the higher courts to overturn this ruling to help ensure the safety and protection of journalists and their subjects, and to promote a free and vital press in our nation and around the world.”
Crocodile tears on Wall Street
In the spirit of the original tea party, activists should be demanding accountability from Wall Street
With all due respect, we can only wish those Tea Party activists who gathered in Washington and other cities this week weren’t so single-minded about just who’s responsible for all their troubles, real and imagined. They’re up in arms, so to speak, against Big Government, especially the Obama administration.
If they thought this through, they’d be joining forces with other grassroots Americans who in the coming weeks will be demonstrating in Washington and other cities against High Finance, taking on Wall Street and the country’s biggest banks.
Continue Reading CloseMartin Luther King Jr.’s economic dream still unfulfilled, 42 years later
As we mark the anniversary of his murder, too much of the injustice he fought against is still with us
FILE - In this May 25, 1962 file photo, the Rev. Martin Luther King, Jr., is shown in Philadelphia. (AP Photo/WGI, file)(Credit: Wgi) Forty-two years ago, on April 4, 1968, Martin Luther King Jr., was assassinated, gunned down in Memphis, Tenn. To those of us who were alive then, the images are etched in painful memory: One day, King is standing with colleagues, including Ralph Abernathy and Jesse Jackson, on the balcony of the Lorraine Motel; the next, he’s lying there mortally wounded, his aides pointing in the direction of the rifle shot.
Then we remember the crowds of mourners slowly moving through the streets of Atlanta on a hot sunny day, surrounding King’s casket as it was carried on a mule-drawn farm wagon; and the riots that burned across the nation in the wake of his death; a stinging, misbegotten rebuke to his gospel of nonviolence.
Continue Reading CloseOne way Obama can earn his Nobel Peace Prize
The U.S. is one of a few countries that won't ban land mines. It's time for the president to change that
Mohammed Aslam, a Kashmiri Muslim who lost his left foot in a landmine explosion, holds an artificial limb during a camp organised by the Indian Army in Srinagar June 25, 2007. Apart from launching combat operations against rebels in the Himalayan region, the Indian army is organizing medical camps and other activities for the welfare of the locals, especially needy and poor, an Indian army officer said. REUTERS/Fayaz Kabli (INDIAN-ADMINISTERED KASHMIR)(Credit: Reuters) Many people are troubled that Barack Obama flew to Oslo to receive the Nobel Peace Prize so soon after escalating the war in Afghanistan. He is now more than doubling the number of troops there when George W. Bush left office.
The irony was not lost on the president, and he tried to address it in his Nobel acceptance speech. “I am responsible for the deployment of thousands of young Americans to battle in a distant land,” he said. “Some will kill. Some will be killed. And so I come here with an acute sense of the cost of armed conflict — filled with difficult questions about the relationship between war and peace, and our effort to replace one with the other.”
Continue Reading CloseTexas, the eyes of Justice are upon you
The Lone Star State mourns a justice-for-all judge while enduring a governor who's in love with the death penalty
Texas Regional Federal Judge William Wayne Justice, March 10, 1992. On Oct. 13, we lost a resolute champion of the law, a man who left his impact on the lives of untold numbers of Americans.
His very name made his life’s work almost inevitable, a matter of destiny. William Wayne Justice was a federal judge for the Eastern District of Texas. That’s right, he was “Judge Justice.” And he spent a distinguished legal career making sure that everyone — no matter their color or income or class — got a fair shake. As a former Texas lieutenant governor put it last week, “Judge Justice dragged Texas into the 20th century, God bless him.”
Continue Reading CloseWashington’s revolving doors are bad for your health
Healthcare reform might be easier if so many industry lobbyists didn't once work for legislators like Max Baucus
From left to right, Sen. Kent Conrad, D-N.D., Sen. Jay Rockefeller, D-W.V., Chairman of the Senate Finance Committee Sen. Max Baucus, D-Mont., and Sen. Chuck Grassley, R-Iowa, applaud as they near the conclusion of a hearing on heath care reform legislation on Capitol Hill in Washington, in the early morning hours of Friday, Oct. 2, 2009 On Tuesday, Oct. 13, the Senate Finance Committee finally is scheduled to vote on its version of healthcare insurance reform. And therein lies yet another story in the endless saga of money and politics.
In most polls, the majority of Americans favor a nonprofit alternative — like Medicare — that would give the private health industry some competition. So if so many of us, including President Obama himself, want that public option, how come we’re not getting one?
Because the medicine that could cure our healthcare nightmare has been poisoned from Day One — fatally adulterated, thanks to the infamous, Washington revolving door. Movers and shakers rotate between government and the private sector at a speed so dizzying they forget for whom they’re supposed to be working.
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