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Robin Bronk

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Arresting Filmmakers... in America?

Posted: 02/ 2/2012 2:30 pm

Yesterday, Academy Award-nominated documentarian Josh Fox was arrested by U.S. Capitol police while trying to film a public Congressional Hearing. Isn't this the kind of chilling free speech episode we Americans condemn when it happens in other countries?

The U.S. House Science Committee's Subcommittee on Energy and the Environment was holding a public hearing, and Fox was there with his camera crew to get footage for a documentary film. According to press reports, the Subcommittee's Chairman exercised his authority to bar filming by individuals without proper House of Representatives' press credentials. Fox persisted, was arrested by Capitol Police, and charged with unlawful entry.

Fox says that he repeatedly sought permission in advance to film the public hearing, but those requests were denied by the House Committee. By all accounts, there was plenty of room for the camera, and the film crew was not interfering with the hearing. One Representative made just that point, and asked that the rules be waived so that Fox might stay. That request also was denied. It's one thing to regulate media access if the room had been chaotic and overrun by cameras, but that wasn't the case here.

Why should a documentary filmmaker, exercising his First Amendment rights, be denied the right to film a public hearing? If every person filming a hearing is required to have a certain press credential, Congressional Staff or the Capitol Police should have helped Fox obtain one, not arrest him. If every person filming a hearing isn't required to have a valid credential, and the rule is enforced selectively, then we should all be concerned about the constitutional implications. Limiting speech or media access based on the content of the speech or the viewpoint of the speaker runs afoul of our core free speech protections. Only through exposure to divergent views can we be informed enough to make the important decisions that citizens are called to make in a democracy.

What Fox is doing with his filmmaking is exactly the kind of communication at the heart of our First Amendment protections. Whether one agrees with the views expressed in Fox's films or not, we should all agree that citizens have a right to know and tell other citizens what our elected officials are doing. We shouldn't be arresting documentary filmmakers in America for filming public hearings.

 
 
 
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03:13 AM on 02/13/2012
I think that Ms. Bronks is right to say that there are some serious constitutional implications with events like this one. Once the government officials see that they can get away with taking away some of the people's liberty they are more likely to do it again and with less fear of punishment. I understand that using this instance alone can't support that claim, but it is something to look out for. This sort of thing can at least be called a slippery slope. While some readers do look too much into this and argue I think that its important to note that this is an isolated incident and not a lot of information is given about the specific circumstances. People do go too far to think that this means the whole government will start trying to take away our rights. I do think Fox should be released and be given a public apology.
10:42 PM on 02/05/2012
A town in Montana (or was it Wyoming) water supply had been contaminated by fracking. A very long study confirmed this. Independant scientists corrobarated the findings and science used to reach the findings. Fox was covering the U.S. House Science Committee's Subcommittee on Energy and the Environment which had a majority of oil industry "scientists" who were trying to attack the science of the study based upon the towns drinking water. This is how the GOP works. Studies independently confirmed are brought in for testimony and Gas industry "scientists" testify that the the study and its independant coroboration are deficient thus supplying plausable (industry counterarguments) deniability so that the committee's results from real scientists can be shelved to such a time that it will be looked at again or not.
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JHancock
Why do wingers h8 American workers?
09:22 PM on 02/05/2012
No harm, the Republicans just didn't want to be Josh's movie. They have things to hide and elections to be bought.
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Nathan Brittles
Duc,sequere,aut de via decede
11:08 PM on 02/05/2012
This makes no sense when one can see the entire proceedings for free and without documentary license, on CSPAN every day.....
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JHancock
Why do wingers h8 American workers?
08:55 PM on 02/06/2012
Almost no one watches CSPAN. A lot of people will watch Gasland 2.
03:32 PM on 02/05/2012
We've been in a de facto police state for a while. It's "kinder and gentler" than Egypt's, for example, but it's the reality. Police being used to overtly interfere with the political process. These Republicans were simply acknowledging the reality that they know exists now. Why even pretend. Journalists are getting imprisoned when they cover Occupy. What the heck . . . let's just go ahead and do it at public hearing too. Tell me what a police state looks like. This is what a police state looks like.
03:16 PM on 02/05/2012
It's time for these "public servants" to pee in a cup, if they want a paycheck. They are taking taxpayer money, no? Or are poor people the only ones whose agendas are suspect? Judging from their actions, it seems pretty apparent that they are under the influence of something very debilitating.
HUFFPOST PUNDIT
realitytrumpsbull
Two 'alves of coconut!
02:53 PM on 02/05/2012
Um....C-SPAN?
10:20 PM on 02/05/2012
“C-SPAN has no control over the U.S. House TV cameras – the Speaker of the House does.”

http://www.rawstory.com/rs/2011/12/21/boehners-office-cuts-off-c-span-cameras-as-gop-takes-beating/
HUFFPOST SUPER USER
Mojo Rising
01:36 PM on 02/05/2012
I hope Fox had a friend in the audience with a Nikon Cool Pix (maybe even a cell phone) that could record all that happened for use in his film. You can't hold back technology, which is what the Republicans were trying to do. You would think politician would know this. Nothing could make a stronger statement in his film than to see the video of him being arrested against the cries from other members of the committee.
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HUFFPOST SUPER USER
Robert Secrist
those who forget are condemned to repeat
10:12 AM on 02/05/2012
Fracking is a highly toxic process. Big money is at stake. The republicans were simply protecting their corporate owners. "Free" speech is ok for political bribery but not for journalism. Hats off to congress for protecting the right of energy companies to poison our water.
fuzzychickens
The higher the power, the bigger the lies
12:32 PM on 02/05/2012
Yea, and if the insider trading bill passes, how will they make a profit on bottled water investments after our water supply is trashed?

The horror!
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banana republican
Next in line for crumbs from the King's Table
10:09 AM on 02/05/2012
I'm sure Ms. Bonk would be just as supportive of a filmaker doing a documentary on the horrors of abortion who demanded access to an abortion clinic to capture video to support their project.
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gallon
Those who fail to remember history are, um
10:41 AM on 02/05/2012
False equivalence. That would not be an open congressional hearing, now would it?
cdianek
An antibiotic-resistant micro-bio
10:55 AM on 02/05/2012
If you cannot tell the difference between a congressional hearing that is open to the public and a access to a medical clinic that is bound by privacy laws, I'd suggest re-enrolling (or enrolling, if it applies) in a Civics class.

But your statement is quite indicative of a flaw in how too many people think. They believe Congress - elected by, paid from the taxes of, and alleged representatives of the people of this nation - should be allowed to work under a complicit cover of darkness, while the private parts of women should be held up for public purview. You have it backwards, and you are hardly, unfortunately, not alone.
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banana republican
Next in line for crumbs from the King's Table
12:32 PM on 02/05/2012
I understand the difference. My point is, why do you get draw the line?
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banana republican
Next in line for crumbs from the King's Table
01:25 PM on 02/05/2012
No, its the same - here's why: The founding fathers didn't exclude filming in abortion clinics from the first amendment rights - that was done by someone after the fact - just as Fox was excluded, after the fact, from filming this hearing. My point was that Ms. Bonk, were she permitted to be the one to draw the lines, would draw them to advance her own interests, not the general interests of the public at large. Fox was the victim of someone just like Bonk, and just like you. I know its a bit complex, but hopefully this helps. (Did you complain when the Dems produced Obamacare under the cover of darkness - "You have to pass it so you can see whats in it?")
09:35 AM on 02/05/2012
What is wrong with this nation and how do we get the suits on the track of what the country was founded for.
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HUFFPOST SUPER USER
Jim Milks
Ecologist
07:08 AM on 02/05/2012
Disgusting. That is the only word the comes to mind. Andy Harris should be ashamed of himself. I certainly hope that Fox fights this all the way up to the Supreme Court, if necessary.
04:55 AM on 02/05/2012
It does not surprise that film makers are arrested when Army comes out threatens military priest with sedition which may carry penalty up to and including death sentence. All left right uber right uber left if censored in the end none of us will speak FREEDOM is the ability to speak when people disagree seems we are losing (pardon the pun) that religion
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HUFFPOST SUPER USER
Candide33
I heart Bernie Sanders
02:26 AM on 02/05/2012
The problem with tying free speech to permits is that once the permit is denied... speech is no longer free.

Remember Bush's 'Free speech" wire cages that he erroneously called free speech zones?
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HUFFPOST SUPER USER
notdarkyet
End the Drug War.
09:33 AM on 02/05/2012
Exactly. They create a mountain of bureaucracy and call it you free speech. Don't try to do it just anywhere.
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HUFFPOST SUPER USER
Candide33
I heart Bernie Sanders
10:24 AM on 02/05/2012
Yea, and a lot of those permits cost money... lots of money... like the one Jon Stewart and Stephan Colbert got for their rally. They make it cost prohibitive for regular people so that they can deny the venue.
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HUFFPOST SUPER USER
ProudElitist
> 7th grade education, no apology
08:02 PM on 02/04/2012
Public servants can take their guns to work but their employers can't carry cameras. At least he didn't have the nerve to sway back and forth, in a rhythmic manner, near any national monuments.
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HUFFPOST SUPER USER
becky bradshaw
"In a time of universal deceit, telling the truth
05:00 PM on 02/04/2012
Note that the major new organizations, the TV Stations, the Washington Post, the New York Times, etc. buried this event's coverage deep within their program, if they covered it at all.

This was a direct infringement of the 1st Amendment. It should have been covered 24/7 on CNN and Page 1 with 3" Bold Type in the newspapers. Maybe we have already lost.

"A really efficient totalitarian state would be one in which the all-powerful executive of political bosses and their army of managers control a population of slaves who do not have to be coerced, because they love their servitude.

To make them love it is the task assigned, in present-day totalitarian states, to ministries of propaganda, newspaper editors, and school teachers."

Aldous Huxley