EDITORIAL: Daily Sound defends its rights

The First Amendment is probably the most revered of all the freedoms granted to us by the United States Constitution. It give us the liberty to say what’s on our minds without fear of retaliation; it gives us the freedom to choose and practice our own religions; it allows us to come together as a group in order to stand up for something we believe in; and it gives us the right to cover the news without the interference of our government.
Deputy Public Defender Karen Atkins attempted to intimidate this newspaper, a member of the free and independent press, when she issued three subpoenas for unpublished photos of a March 14 gang brawl on State Street that left 15-year-old Luis Angel Linares dead and 14-year-old Ricardo “Ricky” Juarez charged with his murder.

At the Daily Sound — and most other newspapers around the world — we believe the First Amendment to be one of our greatest assets. When that freedom is attacked, we have no choice but to fight back. And fight back is exactly what we’ll do.
Freedom of the press is an amazing thing. It gives journalists the ability seek out and cover the news without fear of Uncle Sam, or any of his lesser known cousins, interfering. It allows the media to report the truth, not just one person’s version of the truth.
Atkins has issued subpoenas to Daily Sound Co-Publisher Charles Swegles, who took the the March 14 photographs; Editor and Publisher Jeramy Gordon and staff photographer Janelle Holcombe.
In an affidavit attached to Swegles and Gordon’s subpoenas, Atkins says she believes the photographs “show people and circumstances not recorded in other media and will therefore assist in preparation of Ricardo Juarez’s defense.”
Why not just turn over the photos if they could help exonerate a 14-year-old boy? They can’t, first of all. There is nothing in the photographs investigators can’t find somewhere else. If there were something in the photos that could lead to the boy’s innocence or guilt, this paper would have published them immediately, making those photos public record — accessible to anyone.
The United States Constitution is very clear, but just in case, many states also have their own laws protecting journalists.
In California we have what’s called a shield law.
There is a reason these laws exist. It’s not because journalists are special or above the law, it’s because the role they play in society is crucial to our survival.
The California Shield Law reduces the likelihood of a journalist being held in contempt of court if a subpoena is not obeyed.
According to the California Constitution, Article One, Section 2b of the Declaration of Rights: “A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication... shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper... or for refusing to disclose any unpublished information obtained or prepared... for communication to the public.”
The Daily Sound sought a meeting with Atkins to resolve this issue, which was declined. Atkins is also refusing to speak to Daily Sound reporters, because she’s unhappy with the news coverage her client has received. Atkins is a public servant, paid for by taxpayers, and her behavior is inexcusable.
E-mail: Letters@SantaBarbaraFree.com