Sarah Olson is a freelance journalist in San Francisco who has been called by the government to testify in their case against Ehren Watada, an Army soldier who made headlines for refusing to deploy to Iraq to fight what he calls an “illegal war.”

She writes in Editor & Publisher:

Lieutenant Watada continues to report for duty at Fort Lewis in the state of Washington while awaiting a February 2007 court-martial on one charge of “missing movement” and four charges of “conduct unbecoming an officer and a gentleman.” Each of the latter four charges is based entirely on political speech. If convicted on all charges, Lieutenant Watada could spend up to six years in prison.
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Among multiple issues this raises, it begs one central question: Doesn’t it fly in the face of the First Amendment to compel a journalist to participate in a government prosecution against a source, particularly in matters related to personal political speech?

It is my job as a professional journalist to report the news, not to act as the eyes and ears of the government. I am repelled by this approach that jeopardizes my credibility and seeks to compel my participation in muting public speech and dissenting personal opinion.

Further, it is stunningly ironic that the Army seeks my testimony – the testimony of a journalist – in a case against free speech itself. What could be more hostile to the idea of a free press than a journalist participating in the suppression of newsworthy speech?

When journalists are subpoenaed to confirm the veracity of their reporting, they typically agree to this limited request. What makes this case different is that the thing in question is the political nature of Lieutenant Watada’s speech. Participating in the U.S. Army’s court-martial forces me to build the case against my source and contribute to an act of suppression against the media’s ability to report the news.

As a journalist, I cannot support or criticize the thoughts of an interview subject. My job is to record those thoughts accurately and provide a public forum for debate. If the Army succeeds in turning me into an arm of their investigation, it will chill not only press freedom but also free speech. This is a slippery slope that bears watching and requires vigilance.

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