Freedom of Expression

United States

Detentions

1.      On July 20, 2001, Vanessa Leggett was taken into the custody of a federal detention center after being found guilty of contempt of court for refusing to hand over notes and tapes that would reveal her confidential sources in a grand jury investigation of a high-profile murder case.  Ms. Leggett is a writing instructor in Houston, Texas, and had gathered the subpoenaed materials while conducting research for a book about the case.[1] On January 4, 2002, the journalist was released after being in prison for more than five months.[2]

Judicial Actions

2.      In April 2001, David Carson and Edward H. Powers, Jr., publisher and editor of The New Observer, were charged with ten misdemeanor counts of criminal defamation in Wyandotte County, Kansas, for statements made in The New Observer about Carol Marinovich, the mayor/chief executive officer of the Unified Government of Wyandotte County/Kansas City, and her husband, a District Court judge.  If found guilty, they face a fine of $2,500 and a sentence of up to one year’s imprisonment.[3]

Intimidation   

3.      In May 2001, the Justice Department subpoenaed the telephone records of Associated Press journalist John Solomon, showing the calls made to and from his home from May 2 to May 7, 2001.  Mr. Solomon had written an article that appeared on May 4, in which he quoted an anonymous judicial source regarding information obtained through a federal wiretap.[4]

4.      In the wake of the terrorist attacks on the World Trade Center and the Pentagon on September 11, some nongovernmental organizations have expressed concern about actions by the US government that may threaten freedom of expression.  Such actions include pressure on media organizations and foreign governments to suppress news or alter the content of certain broadcasts, limiting reporters’ access to some information.[5]

5.      On December 12, 2001, the Commission issued a Resolution on Terrorism and Human Rights, in which it conveyed its condolences and expressed its solidarity with the people and the government of the United States, as well as the people and governments of other countries whose citizens were victims of the attacks.  The Commission stated clearly that “[t]errorism must not go unpunished.  States have the right and indeed the duty to defend themselves against this international crime within the framework of international instruments that require domestic laws and regulations to conform with international commitments.” The Commission is currently preparing a Report on Terrorism and Human Rights “to assist States in adopting laws and regulations that accord with international law.”

Legislation

6.      Some freedom of expression and civil liberties organizations have criticized the anti-terrorism legislation introduced after September 11 as allowing the government to interfere unduly with private communications.[6] The USA Patriot Act, signed into law by President George W. Bush on October 26, 2001, grants law enforcement officials greater authority to conduct telephone and Internet surveillance.[7] The Office of the Special Rapporteur recalls that governmental interferences with individuals’ right to exchange ideas and information freely must be necessary to achieve a pressing governmental need and narrowly tailored to meet that need.[8] As stated above, preventing acts of terrorism is clearly a legitimate and pressing governmental need.  The US government should be cautious, however, in ensuring that the benefits of the increased surveillance powers are not outweighed by the harm caused to freedom of expression.

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