Frequently Asked Questions

Who is Sarah Olson?
Sarah is an independent journalist and radio producer who lives and works in Oakland, California. Sarah has reported and produced for the National Radio Project, the Canadian Broadcasting Corporation, Pacifica Radio, and Free Speech Radio News. She has consistently reported on difficult but important stories, including on Operation Save America's attempts to shut down Mississippi's last abortion clinic, on the situation in the West Bank following Yasser Arafat's death, and on feminist health movements in India. Her articles have appeared in AlterNet, Editor & Publisher, Common Dreams, Truthout, ZNet, Left Turn, and Dollars & Sense. Sarah enjoys her work and loves writing the tougher stories that you don’t always hear about. She also believes that the right to free speech requires vigilant protection and that the First Amendment means nothing if we don't use it.

Why did the U.S. military subpoena Sarah?
In May 2006, Sarah did an exclusive interview with U.S. Army 1st Lt. Ehren Watada, just before he became the first officer to refuse to deploy to Iraq. Like all good journalists she followed the story and did a few follow up pieces for both print and radio outlets.  The Army charged Lt. Watada with "conduct unbecoming an officer and a gentlemen, for his statements about why he wouldn't deploy to Iraq. He faces four years in prison for simply explaining his feelings about the war. Some of those statements were made to Sarah, and to make these charges the Army wants her to testify about their accuracy. She was subpoenaed on December 14, 2006.

What's wrong with the Army wanting to verify Sarah Olson's reporting?
Sarah believes that journalists shouldn’t be asked to participate in government prosecutions, especially of political speech. To do so would erode the barrier between press and government, and turn reporters into the investigative arm of the government. It would stifle speech and control the free flow of information. Who would talk to Sarah again, knowing the government could force her into court to use their words against them? Once Sarah Olson takes the stand and starts to testify, she has diminished her ability to decline to answer questions that do intrude into unpublished work product.

What’s more, the Army doesn’t need Sarah. Her radio reports are available on half a dozen web sites and readily available and self-authenticating. It makes no sense to put her on the stand.

When you join the military, don’t you give up your rights to free speech?
It’s true that when you join the military you agree to some limited restrictions on your ability to speak freely. Whether or not Lt. Watada exceeded his legally protected speech rights as an officer in the US Army is the heart of US v. Watada. While the Army contends that he did, organizations like the ACLU have sided with the defense in asserting that his statements are constitutionally protected personal speech.

What is the US v. Watada case?
US Army 1st Lt. Ehren Watada says the Iraq war is a violation of international and domestic law, and his participation would make him party to war crimes. On June 22, he became the highest-ranking member of the military to publicly refuse to deploy to Iraq. Lt. Watada’s court-martial begins on February 5, and he faces one charge of missing troop movement and four charges of “conduct unbecoming an officer and a gentleman.” All four of the latter charges have to do with statements he made in public or to the press about the Iraq war. You can read Sarah’s interview with Lt. Watada here.

What are the legal ramifications for Sarah?
If Sarah refuses to testify in this case, she faces a felony contempt of court charge, up to 6 months in prison, and/or up to a $500 fine.

Who is paying Sarah Olson's legal bills?
The First Amendment Project, based in Oakland, Calif., is representing Sarah. The First Amendment Project is a non-profit organization dedicated to protecting and promoting freedom of information, expression, and petition. You can read about them and support their work by visiting their website at http://www.thefirstamendment.org/.

Who started the Defend the Press campaign and how is it funded?
Together, the Free Press Working Group and the nonprofit Center for Media and Democracy (CMD) launched Defend the Press in late January 2007. Scott Goodstein and John Stauber are coordinating the campaign for CMD. You can contribute funding to Free Press Working Group by clicking here, and to CMD by clicking here.

What is the status of Dahr Jamail?
Dahr Jamail is an indepedent journalist who has covered the Middle East. He and at least one other journalist have been contacted by the Army and put on the prosecution’s witness list. Jamail has not yet been subpoenaed. He continues his reporting on Iraq, which you can read here: http://www.dahrjamailiraq.com/.

Has this happened before?
While it is more rare for journalists to be subpoenaed by a military court, it has happened before and likely will again. They also resist these subpoenas with some regularity. The first time a journalist was imprisoned for refusing to participate in a government investigation was in 1735 — but it was certainly not the last. Josh Wolf is in coercive custody in Dublin, Calif., Mark Fainaru-Wada and Lance Williams from the San Francisco Chronicle have been threatened with prison time, and 10 major news media outlets have been subpoenaed in the Scooter Libby case.

While it is somewhat more rare for journalists to be subpoenaed by a military court, this also happens with some degree of regularity. The military must find a civilian court to impose a conviction, should the journalist be unwilling to comply with the subpoena.

It is unknown whether other journalists have been asked to participate in the prosecution of political speech in a military court.

What's the difference between this case and Judith Miller's case?
As the Society of Professional Journalist's Code of Ethics points out, journalists should "tell the story of the diversity and magnitude of the human experience boldly, even when it is unpopular to do so." This becomes especially important when the story being told is unpopular with those in power.

Sarah is not being asked to reveal a confidential source, or even verify hearsay. She is being dragged in front of a court to chill other journalists from writing tough stories and scare military personnel from coming forward and talking to the press.

Military Shouldn't Force Press to Testify Against Political Speech

• Journalists should report news, not be forced to participate in government prosecutions — especially prosecutions seeking to criminalize political speech.
• Subpoenaing journalists to participate in government prosecutions erodes the necessary separation between press and state and threatens to turn journalists into an investigative tool for the government.
• Hauling journalists in front of a military court to testify against their sources imposes a chilling effect on reporters willing to write tough stories, and silences dissenting and minority voices.
• Debate is the lifeblood of democracy and the free exchange of information and ideas is in the public’s best interest. Press freedom and free speech are the heart of our democracy, and the foundation of our Constitution.