This is why I'm Cranky

The First Amendement has been understood by courts to protect journalists from having to reveal their sources (though not always). This case is important because it's about a Blogger, not a traditional journalist, and it raises some important questions about what it is to be a journalist, and who should be afforded the protections granted a free press. But you would never know that from this Times article. Here it is in all its entirely, in its context-free glory:

Court Panel Denies Blogger’s Appeal

By JESSE McKINLEY

Published: September 12, 2006

SAN FRANCISCO, Sept. 11 — In a case closely watched by First Amendment advocates, a federal court panel has rejected an appeal by a freelance journalist and blogger who has refused to appear before a grand jury or turn over video he shot of a violent protest last summer.

The decision, filed Friday by a three-member panel of the Ninth Circuit Court of Appeals, reaffirmed a contempt charge against the journalist, Josh Wolf, who was sent to prison on Aug. 1 by a lower court for refusing to cooperate with an investigation into an anti-capitalism protest here in July 2005.

At the protest, timed to coincide with the Group of Eight Summit of world economic leaders in Scotland, a police officer was injured and an explosive device, a smoke bomb or a firework, was put under a police car.

Mr. Wolf sold some of his film to local television stations and posted parts on his Web site, www.joshwolf.net. Earlier this year, the government subpoenaed Mr. Wolf to testify and to turn over the remaining video, which prosecutors wanted to use to gather evidence for potential arson charges. Mr. Wolf has refused, and in an interview on Monday, he remained defiant. “Nothing the government can do,” he said, “will coerce me into submitting to their demands. I intend to appeal this through every measure possible.”

Mr. Wolf remained free on Monday, and it was not clear if the decision would result in his returning to jail immediately. His lawyer, Jose Luis Fuentes, said he would ask for a rehearing before the entire court.

Luke Macaulay, a spokesman for the United States Attorney’s Office for the Northern District of California, said his office was awaiting an order from the Ninth Circuit “clarifying Mr. Wolf’s custodial status.”

Mr. Wolf, who has continued to post online updates about his case, said he was not fazed by the prospect of more prison time.

“My cellmates were totally chill and had my back,” he said of his recent incarceration. “The fact I only got an hour of fresh air a day was frustrating, but you deal.”