FREEDOM LEAKS
Last May Freelance journalist Bryan Carmody had his office and home raided by the San Francisco Police. The police served a search warrant and allegedly took a sledgehammer to the front gate of his home. The police searched his property and took his phones and computers. Carmody stated that the police seized thousands of dollars worth of equipment and property.
The same equipment that he uses to support himself as a journalist.
The San Francisco Police were looking for evidence into the source of a police report about Jeff Adachi, that was in the possession of Carmody. Jeff Adachi was a public defender for the city of San Francisco who sadly passed away at the age of 59 in February 2019. The public defender position is an elected position in the city of San Francisco. Within hours of Jeff Adachi’s death, a police report was leaked showing that Adachi died of a drug overdose. Adachi was well known for criticizing the San Francisco Police Department and was a popular criminal justice advocate in the community.
Carmody sold the Adachi police report to three television stations for an unknown price. This angered Adachi’s wife, the city, and the police department. Everyone wanted to find out how Carmody got the police report so quickly. Since Carmody is an independent journalist he makes his income selling information.
It may be alarming to read that the police knocked down the door of a journalist. However, Carmody is a freelancer and doesn’t have a big network to defend him. This is the gray area of journalism and a good example of poking the sleeping bear. The police were doing what they were told to do and were granted a search warrant from a judge. Carmody is involved in the release of a confidential police report. It appears police reports have been leaked in the past but this police report obviously angered the right people. This is the risk Carmody takes working as an independent journalist.
The San Francisco Police Department sent officers to interview Carmody weeks before the raid. However, Carmody refused to release the identity of his source. The police returned and Carmody refused to identify his source again. Usually, a subpoena is served and a court date is set while the police investigate a crime. This time Carmody was placed in handcuffs and detained for five hours while his home was searched.
The 1st amendment protects our basic freedoms. They are part of the Bill of Rights which were added to the Constitution. These freedoms are the freedom of religion, the freedom to assemble, the freedom of the press, the freedom of speech, and the right to petition the government. The extent of these freedoms is debatable. Some states have laws protecting journalists and some don’t. The Courts have ruled in the past that journalists who fail to comply with a subpoena can be held in contempt.
Byran Carmody joins a long list of journalists who refused to give up their sources. William Farr spent 46 days in jail in 1972 for refusing to identify a source for an article he wrote on the Charles Manson trial. Vanessa Leggett served 168 days in jail in 2001 for refusing to name her source in a murder trial. Josh Wolf was jailed in 2006 for refusing to turn over videotapes he recorded during a demonstration in San Francisco.
Journalists would agree that having to provide the identity of their sources is bad for business and violates their rights. The police will agree that they were just doing their job. It is common for journalists to protect their sources of identity just as much as it is for the police to serve a search warrant. Carmody’s arrest reminds us that freedom of speech sometimes isn’t free and in the end, you have to fight for your rights.