This week’s lead story, “A Crude Awakening,” chronicles the chilling effect an appellate court ruling in the case Chevron vs. Berlinger could have on documentary filmmakers.
While this column often serves as home to my individual opinion, this time around we thought it apropos to provide a platform for others in the filmmaking community to share their opinions, concerns and support for noted documentarian Joe Berlinger. Here’s a sampling:
DGA president Taylor Hackford wrote in response to the lower court opinion that the appellate court eventually upheld, “The Directors Guild of America, in support of filmmaker Joe Berlinger and the First Amendment, objects to a judge’s decision that Berlinger must turn over 600 hours of raw footage from his documentary Crude for their use as defendants in the lawsuit depicted in the documentary.
“Documentary filmmakers work under the presumption that their research, sources and draft materials are protected under the First Amendment,” continued the DGA’s Hackford. “Their work often explores sensitive subjects that might not ever reach the public eye if not for the tenacity of the filmmakers and the bravery of their sources.
“The chilling effect of this court decision will be felt throughout the documentary community, as future filmmakers will be constantly aware that their materials may be seized as evidence, and those who once might have been willing to share their point of view become wary that a documentarian cannot protect them, even if their participation is anonymous. Safeguarding the right of documentary filmmakers to protect their sources is ultimately about protecting the public’s right to know and preserving the role of investigative filmmaking in exposing the issues, educating the viewers and informing the public.”
Documentary filmmaker Michael Moore related, “the next whistleblower at the next corporation is going to think twice about showing me some documents if that information has to be turned over to the corporation that they’re working for.”
And an open letter signed by International Documentary Association board president Eddie Schmidt and members of the IDA board as well as assorted other filmmakers read in part:
“At the heart of journalism lies the trust between the interviewer and his or her subject. Individuals who agree to be interviewed by the news media are often putting themselves at great risk…If witnesses sense that their entire interviews will be scrutinized by attorneys and examined in courtrooms they will undoubtedly speak less freely. This ruling surely will have a crippling effect on the work of investigative journalists everywhere….
“In fact, as traditional news media finds itself taking fewer chances due to advertiser fears and corporate ownership, the urgency of bold, groundbreaking journalism through the documentary medium is perhaps greater than ever.
“This case,” concluded the IDA letter, “offers a clear and compelling argument for more vigorous federal shield laws to protect journalists and their work, better federal laws to protect confidential sources, and stronger standards to prevent entities from piercing the journalists’ privilege.”
Utah Leaders and Locals Rally To Keep Sundance Film Festival In The State
With the 2025 Sundance Film Festival underway, Utah leaders, locals and longtime attendees are making a final push — one that could include paying millions of dollars — to keep the world-renowned film festival as its directors consider uprooting.
Thousands of festivalgoers affixed bright yellow stickers to their winter coats that read "Keep Sundance in Utah" in a last-ditch effort to convince festival leadership and state officials to keep it in Park City, its home of 41 years.
Gov. Spencer Cox said previously that Utah would not throw as much money at the festival as other states hoping to lure it away. Now his office is urging the Legislature to carve out $3 million for Sundance in the state budget, weeks before the independent film festival is expected to pick a home for the next decade.
It could retain a small presence in picturesque Park City and center itself in nearby Salt Lake City, or move to another finalist — Cincinnati, Ohio, or Boulder, Colorado — beginning in 2027.
"Sundance is Utah, and Utah is Sundance. You can't really separate those two," Cox said. "This is your home, and we desperately hope it will be your home forever."
Last year's festival generated about $132 million for the state of Utah, according to Sundance's 2024 economic impact report.
Festival Director Eugene Hernandez told reporters last week that they had not made a final decision. An announcement is expected this year by early spring.
Colorado is trying to further sweeten its offer. The state is considering legislation giving up to $34 million in tax incentives to film festivals like Sundance through 2036 — on top of the $1.5 million in funds already approved to lure the Utah festival to its neighboring... Read More