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.”
Gene Hackman Died Of Heart Disease; Hantavirus Claimed His Wife’s Life About One Week Prior
Actor Gene Hackman died of heart disease a full week after his wife died from hantavirus in their New Mexico hillside home, likely unaware that she was dead because he was in the advanced stages of Alzheimer's disease, authorities revealed Friday. Both deaths were ruled to be from natural causes, chief medical examiner Dr. Heather Jarrell said alongside state fire and health officials at a news conference. "Mr. Hackman showed evidence of advanced Alzheimer's disease," Jarrell said. "He was in a very poor state of health. He had significant heart disease, and I think ultimately that's what resulted in his death." Authorities didn't suspect foul play after the bodies of Hackman, 95, and Betsy Arakawa, 65, were discovered Feb 26. Immediate tests for carbon monoxide poisoning were negative. Investigators found that the last known communication and activity from Arakawa was Feb. 11 when she visited a pharmacy, pet store and grocery before returning to their gated neighborhood that afternoon, Santa Fe County Sheriff Adan Mendoza said Friday. Hackman's pacemaker last showed signs of activity a week later and that he had an abnormal heart rhythm Feb. 18, the day he likely died, Jarrell said. Although there was no reliable way to determine the date and time when both died, all signs point to their deaths coming a week apart, Jarrell said. "It's quite possible he was not aware she was deceased," Jarrell said. Dr. Michael Baden, a former New York City medical examiner, said he believes Hackman was severely impaired due to Alzheimer's disease and unable to deal with his wife's death in the last week of his life. "You are talking about very severe Alzheimer's disease that normal people would be in a nursing home or have a nurse, but she was taking care... Read More