of Gags and Press Freedom - American style

The Strange Case of Barrett Brown Just Got Stranger

Vivien Lesnik Weisman

The prosecution made a motion for a "Gag Order" (a motion to disallow media) in the case of Barrett Brown. Brown is one of the subjects of my film, The Reality Wars, which is about the targeting of hacktivists, activists and journalists by the US government. Brown is both a journalist and a hacktivitst. He does not possess technical hacking skills though he does promote the public's right to information. He is facing 105 years in federal prison primarily for doing his job as a journalist.

Brown's counsel, Ahmed Ghappour and Charles Swift, moved to continue (postpone trial date), explaining that more time is required in order to prepare his defense. There are two terabytes of electronic evidence to be reviewed. The government opposed on August 8, 2013, and, in its opposition, surprisingly requested a Gag Order. The Gag Order is for all parties to refrain from talking to members of any television, radio, newspaper, magazine, website (including bloggers), or other media organization about this case, other than in matters of public record.

The government believes that Brown and counsel intend to use the expanded time to try the case in the media, as implied in linking the denial of a continuance and the request for a Gag Order. The government contends that the attorneys are coordinating and soliciting media coverage of the case.

The defense counters "that an inspection of the visitor log at Mansfield Detention Center [where Brown is incarcerated] will reveal that no members of the media, including Mr. Hastings, [the deceased uberjourno and a personal friend of Brown's] or a 'documentary filmmaker' have met with Brown since counsel's entry into the case. Thus, the government's assertion that counsel is 'coordinating' prison visits by journalists, documentary filmmakers and other members of the media to 'manipulate' the media is without merit."

In the pleadings, the prosecution contends that a documentary filmmaker has been talking to Brown since April. The pleadings state, "The following are a few examples of the defense-solicited/encouraged publicity. In April 2013, Brown had numerous conversations with an individual who wanted to do a documentary on Brown and Project PM. In June 2013 and July 2013, the documentary was being 'worked on,' but has yet to be made public."

I am the documentary filmmaker to whom the prosecution refers and the film is The Reality Wars, where Brown features prominently. The government references "numerous conversations" in April 2013 between Mr. Brown and an individual "who wanted to do a documentary on Brown." Correction: is doing a documentary on Brown, as well as other targeted hacktivists and journalists.

http://www.huffingtonpost.com/vivien-lesnik-weisman/the-strange-case-of-barre_b_3738448.html