RU Sirius interviews Josh Wolf

RU Sirius has a great interview with blogger Josh Wolf, who was jailed for 228 days for refusing to comply with a government order to turn over video he'd shot of a G8 protest in San Francisco.

RU: The big mainstream media question is "Can bloggers be journalists?" In fact, you wrote an essay with that name. And I think the counter-argument would be that nearly everyone could become a blogger, and then everyone would be protected from giving evidence. So a group could conspire to break laws and members who blog could be protected. Karl Rove could become a journalist and make the same kind of claim!

JOSH: That argument's flawed, because if you are involved in a criminal activity, you don't have to testify because you're protected by the Fifth Amendment.

RU: Good point!

JOSH: But it's true that in Grand Juries they like to get rid of the Fifth Amendment. They say, "Here's a waiver. You no longer have the Fifth Amendment." But I've been reading the Constitution over and over again, and I can't find any section on giving waivers to the Fifth Amendment. And consider the First Amendment — freedom of speech. Why doesn't that include freedom of silence? Why does the freedom to speak not include the freedom not to speak? And so, yes — journalists should be protected in order to protect the act of journalism. But in a larger context, why do we have coercive custody to force people to testify? I mean, it's really a form of very low-grade torture — we're going to hold you in custody until you break down and speak.