![]() He did not reach the issue of reporter’s privilege. Gaughan (Judge Vincent Gaughan) distributed a written order quashing the subpoena. How did Kalven’s subpoena battle work out?Īs he describes it: “In the end, the hearing proved anticlimactic. It is an outstanding teaching aid and journalism adviser and educators should incorporate it into their First Amendment curriculum. Kalven’s piece, which can be found at Kalven article is an amazing tale of the court battle surrounding his subpoena. ![]() Which is what journalism teachers need to teach their students. I was simply doing my job as a reporter.” Read that last line again: “There was nothing heroic about this stance. There was nothing heroic about this stance. Kalven writes that “From the outset, I made it clear that I had received no Garrity-protected documents and that I would refuse to answer any questions that might reveal the identity of the source. It Gives Us Strength In Dark Times” notes that a major thrust of the intent of the subpoena was that he had received documents about the dash cam video “… to seek to compel me to testify on the basis of their claim, for which they offered no evidence, that the source had given me documents protected under the Garrity rule, which protects public employees from being compelled to incriminate themselves during internal investigations conducted by their employers.” Kalven, in an article, “ The First Amendment Transcends the Law. Kalven’s work related to police actions has received national attention and earned him numerous awards.īut what recently propelled him into a First Amendment fight was a subpoena he received as part of Van Dyke’s trial which, in Kalven’s words, demanded that “I answer questions about the whistleblower whose tip prompted me to investigate the fatal 2014 police shooting of 17-year-old Laquan McDonald.” He has gained notoriety for pursuing the release of the dash cam video of Chicago Police officer Jason Van Dyke who allegedly shot Chicago teenager Laquan McDonald 16 times. Kalven’s background ( Kalven background) is beyond impressive, as is his work. Our mission is to enhance the capacity of citizens to hold public institutions accountable …” He is director of the Invisible Institute ( ), which, as noted on its website, “… is a journalistic production company on the South Side of Chicago. Kalven is, a writer and human rights activist. His work has appeared in a variety of publications. In recent years, he has reported extensively on patterns of police abuse and impunity in Chicago. That’s probably not a name many, or if I dare say, most scholastic journalism educators will recognize. We should overcome that fear by using the First Amendment.Īs journalism educators we need to teach students to emulate the work of leading reporters who don’t live in fear by practicing the First Amendment. Don’t just tell people you have First Amendment rights – practice them.įear is a great motivator by many school administrators. All too often journalism educators quiver over the possibility of running a “controversial story” because they may get in trouble with their administration.Īs difficult as it may seem, more journalism educators – and student journalists – need to take that chance and tell their administrators that scholastic media’s job goes beyond reporting on Muffy and Chip who were selected Homecoming Queen and King. Unfortunately, fear sometimes creates a roadblock for the practice of the First Amendment. Fact is, the First Amendment needs to be front and center all the time.įar too often scholastic journalists use the First Amendment to celebrate various special events like Constitution Day or Scholastic Journalism Week, which make sense as the First Amendment is the foundation which enables journalists, scholastic, collegiate or professional, to practice their craft. It is another case, tragic as it is, of people – not just students – rallying around the First Amendment when it becomes a necessary tool. It’s a staple of any journalism curriculum.Īttention to the First Amendment has escalated lately with the number of walkouts and demonstrations by students in wake of the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida.
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