as they fight criminal charges related to Capitol riot
4/18/2021
Hundreds of people face charges for participating in the US Capitol riot.
(Reuters: Leah Millis)
It was supposed to be another routine day in American democracy, but January 6, 2021 went down in history as anything but.
It was supposed to be another routine day in American democracy, but January 6, 2021 went down in history as anything but.
Key points:
At least eight people charged in the riots claim they were acting as journalists
Many of those who marched livestreamed and posted to social media
Experts say it will be hard to prove without proper accreditation
On that day, five people were killed, with scores more injured, as hordes of rioters broke into the US Capitol to overturn congressional certification of what former President Donald Trump falsely claimed was a "stolen" election.
Now, some of the very same people who were in those crowds claim they were there as journalists, and not rioters, as they attempt to fend off criminal charges.
How did protesters get into the heavily-guarded Capitol building?
Rioters made it into the House Chambers, where US politicians had to be evacuated, and also into the offices of some officials.Read more
At least eight people charged in the January 6 riot have identified themselves as a journalist or a documentary filmmaker, including three people arrested this month, according to an Associated Press review of court records in nearly 400 federal cases.
In the US, free speech is constitutionally protected by the First Amendment, but it is unclear if this will bolster the legal defences of those charged with participation in what authorities say was an attempted insurrection.
Shawn Witzemann, a plumber from New Mexico who attended the riot, told a local news station he does "everything that a journalist is" following his arrest earlier this month.
"I seek truth. I speak to sources. I document. I provide commentary," he claimed.
Journalism definition isn't broad when tested in court
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WATCH
Duration: 1 minute 24 seconds1m 24s
Trump supporters claim to be journalists, as they fight criminal charges related to Capitol riot - ABC News
The day swelled from a protest outside the Capitol to a break-in.
While the internet has given more people a platform to use their voice, the definition of a "journalist" is not that broad when put into practice in court, said Lucy Dalglish, dean of the University of Maryland's Philip Merrill College of Journalism.
She said it is an easy case to make that Capitol riot defendants were not journalists because they would have had official media accreditation to work in the building on that day.
Dr Dalglish, who used to practice media law as an attorney, added that any defendant captured on video encouraging rioters could not credibly claim to be a journalist.
"You are, at that point, an activist with a cellphone, and there were a lot of activists with copyrighted videos who sold them to news organisations," Dr Dalglish said.
"That doesn't make them journalists."
While the internet has given more people a platform to use their voice, the definition of a "journalist" is not that broad when put into practice in court, said Lucy Dalglish, dean of the University of Maryland's Philip Merrill College of Journalism.
She said it is an easy case to make that Capitol riot defendants were not journalists because they would have had official media accreditation to work in the building on that day.
Dr Dalglish, who used to practice media law as an attorney, added that any defendant captured on video encouraging rioters could not credibly claim to be a journalist.
"You are, at that point, an activist with a cellphone, and there were a lot of activists with copyrighted videos who sold them to news organisations," Dr Dalglish said.
"That doesn't make them journalists."
Mr Witzemann was one of the thousands who moved through the Capitol after it was breached by pro-Trump supporters.
While he claims he was inside the Capitol during the riot as a journalist to livestream video of the protests, he faces charges relating to riot participation.
It remains unclear if he had official media accreditation on the day.
The plumber also hosts talkback-style videos on YouTube on a page called the 'Armenian Council for Truth in Journalism' — a title Mr Witzemann's lawyer says is satirical.
The show, which has around 300 subscribers, bills itself as a home for "irreverent and thought-provoking commentary and analysis, on an eclectic range of subjects".
One recent episode is titled, 'Economic Non-recovery, Justifiable Homicide, and How To Riot Properly In The Age of the Troll'.
He did not respond to interview requests from the AP on social media or via email.
Far-right extremists among self-proclaimed journalists
US authorities have since confirmed that the riots drew together various far-right groups.(Getty: Lev Radin)
Some of the defendants identifying as journalists are tied to an extremist group or movement by US federal authorities.
This includes Nicholas DeCarlo, who told the Los Angeles Times he was not a rioter, but a journalist.
But according to the FBI, Mr DeCarlo is a self-identified member of the Proud Boys, a far-right extremist group, and a content producer for an online forum called 'Murder the Media News'.
Prosecutors allege Mr DeCarlo scrawled the phrase, 'Murder The Media' on a door in the Capitol.
Some of the defendants identifying as journalists are tied to an extremist group or movement by US federal authorities.
This includes Nicholas DeCarlo, who told the Los Angeles Times he was not a rioter, but a journalist.
But according to the FBI, Mr DeCarlo is a self-identified member of the Proud Boys, a far-right extremist group, and a content producer for an online forum called 'Murder the Media News'.
Prosecutors allege Mr DeCarlo scrawled the phrase, 'Murder The Media' on a door in the Capitol.
WATCH
Duration: 1 minute 42 seconds
Trump supporters claim to be journalists, as they fight criminal charges related to Capitol riot - ABC News
Mr DeCarlo is accused of scrawling this phrase on Capitol doors.
When authorities later searched his home, they found a framed photo of Mr DeCarlo and another alleged rioter posing in front of the door with a thumbs-up.
Another defendant with far-right links citing the journalism defence is Samuel Montoya, a video editor for the far-right conspiracy website, Infowars.
He was arrested Tuesday in Texas on charges including impeding passage through the Capitol grounds.
On the day of the riot, he recorded and narrated a video while walking through the building, occasionally referring to himself as a journalist while wearing a red 'Make America Great Again' hat.
"We're gonna do whatever it takes to MAGA," he said, according to the FBI.
But some experts say it's unlikely that any of these self-proclaimed journalists can mount a viable legal defence on free speech grounds, if it is proven they broke the law on the day of the riot — especially if prosecutors can argue they acted like rioters instead of impartial observers.
Even credentialed reporters and news photographers are not immune from prosecution if they break a law on the job, said Jane Kirtley, who teaches media ethics and law at the University of Minnesota.
"It's not a get-out-of-jail-free card," Dr Kirtley said.
ABC/AP
4/18/2021
When authorities later searched his home, they found a framed photo of Mr DeCarlo and another alleged rioter posing in front of the door with a thumbs-up.
Another defendant with far-right links citing the journalism defence is Samuel Montoya, a video editor for the far-right conspiracy website, Infowars.
He was arrested Tuesday in Texas on charges including impeding passage through the Capitol grounds.
On the day of the riot, he recorded and narrated a video while walking through the building, occasionally referring to himself as a journalist while wearing a red 'Make America Great Again' hat.
"We're gonna do whatever it takes to MAGA," he said, according to the FBI.
But some experts say it's unlikely that any of these self-proclaimed journalists can mount a viable legal defence on free speech grounds, if it is proven they broke the law on the day of the riot — especially if prosecutors can argue they acted like rioters instead of impartial observers.
Even credentialed reporters and news photographers are not immune from prosecution if they break a law on the job, said Jane Kirtley, who teaches media ethics and law at the University of Minnesota.
"It's not a get-out-of-jail-free card," Dr Kirtley said.
ABC/AP
4/18/2021
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