Liberty University to press charges to New York Times and Propublica

[Y2kTheNewOldies]

https://apnews.com/895d67d2263dd55454341fb26ac01959


This is going to be about free speech issues over investigative journalism. Propublica is best known for providing investigative stories to NPR and PBS affiliates. In this case you have two reporters did an investigative story on Liberty University and its handling over the COVID-19 pandemic in their campus.

NEW YORK (AP) — Liberty University has pushed for criminal trespassing charges against two journalists who pursued stories about why the evangelical college in Virginia has remained partially open during the coronavirus outbreak.

The college, in Lynchburg, Virginia, is led by Jerry Falwell Jr., a supporter of President Donald Trump who has suggested coverage of the epidemic was overblown. Falwell said the university is conducting classes online and obeying social distancing directives.

But he said he has kept the campus open for international students and those with nowhere else to go. On Thursday, there were about 1,000 students living on campus, roughly one-eighth of its normal residential population.

After stories were written saying Liberty’s decision caused concerns in the community, the university pursued charges against Alec MacGillis, a reporter for ProPublica, and Julia Rendleman, a photographer who illustrated a March 29 story in The New York Times.

Virginia Magistrate Kang Lee signed arrest warrants for Class 1 Misdemeanors against the two journalists, punishable by up to a year in jail. It’s up to Lynchburg Commonwealth’s Attorney Bethany Harrison to decide whether to prosecute, and she said Thursday she hasn’t seen any details on the case.

 

[umfan]

They may have a case and the reporters may have violated the Virginia emergency order by making nonessential travel.

 

[davideduardo]

They may have a case and the reporters may have violated the Virginia emergency order by making nonessential travel.

While each state has set somewhat different restrictions during this time, I think news media is considered an "essential" service everywhere. Not doing so would have constitutional ramifications, and beyond that create negative reporting on any state government trying to impede news coverage.

 

[umfan]

I get that, David, but the nature of the story would have to be considered. Was it essential for them to go onto a campus and potentially spread disease? A court may consider that it was not.

 

[TheBigA]

I get that, David, but the nature of the story would have to be considered. Was it essential for them to go onto a campus and potentially spread disease? A court may consider that it was not.

Depends on what precautions they took.

By the same token its not unusual for reporters to trespass to get a story. One might use the same charge against Veritas.

 

[nomadcowatbk]

why would anyone go here if they don't come from a RW christian fundamentalist family or get a scholarship? and why was there any reason for them to come back if they classes had gone online?

 

[davideduardo]

I get that, David, but the nature of the story would have to be considered. Was it essential for them to go onto a campus and potentially spread disease? A court may consider that it was not.

A court can't rule as to what is news and what is not. That would, in itself, be a violation of free expression. And yes, I asked a lawyer about this... one who has studied constitutional law, in fact.

A court can not tell a journalist what merits coverage and what does not. But beyond the subject itself, which is protected, laws about things like trespassing, invasion of private property and the like are a separate issue.

 

[TheBigA]

But beyond the subject itself, which is protected, laws about things like trespassing, invasion of private property and the like are a separate issue.

What happens if the reporting reveals a flaunting of rules that endanger the public health? That seems to be yet another issue.

 

[TexasTom]

I get that, David, but the nature of the story would have to be considered. Was it essential for them to go onto a campus and potentially spread disease? A court may consider that it was not.

Considering that Liberty brought a couple thousand students back to their campus, I think it would be hard for them to argue that a couple of reporters were a disease threat without admitting the irresponsibility of the school's own actions. So I don't think that is likely to be a winning argument for Liberty.

 

[nomadcowatbk]

Considering that Liberty brought a couple thousand students back to their campus, I think it would be hard for them to argue that a couple of reporters were a disease threat without admitting the irresponsibility of the school's own actions. So I don't think that is likely to be a winning argument for Liberty.

why tell them to come back if classes are online?

 

[TheBigA]

why tell them to come back if classes are online?

According to the OP, the college "kept the campus open for international students and those with nowhere else to go."

 

[umfan]

Considering that Liberty brought a couple thousand students back to their campus, I think it would be hard for them to argue that a couple of reporters were a disease threat without admitting the irresponsibility of the school's own actions. So I don't think that is likely to be a winning argument for Liberty.

Actually, it is a problem. If those students had been screened and had been confined to campus, introducing people who had been off campus would induce risk into that situation. Did the reporters even attempt to contact the administration by phone or computer prior to going to the campus? Not clear from the article.

 

[TheBigA]

If those students had been screened and had been confined to campus

The reports interviewed a campus doctor who said about a dozen students had tested positive. They also spoke with people in the neighboring community who were concerned that the affected students would spread the virus to people in town. I see no indication that they had been confined to campus:

https://www.vanityfair.com/news/2020/04/jerry-falwell-jr-liberty-new-york-times-propublica-warrants