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Prosecution agency investigates student journalists for freeing innocent prisoners
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A unique program run by Professor David Protess' investigative journalism class at Northwestern University focuses on and collects evidence regarding wrongful convictions. In the previous decade, the class had worked to free about 11 innocent prisoners. Five of these prisoners were on death row.
The students often re-investigate a case, contacting former witnesses, and interviewing other relevant people for a different, and sometimes more accurate perspective of a particular case. Protess emphasized the importance of journalism and the process behind uncovering truth, whether it be guilt or innocence.
Protess' class is now currently under pressure from the state attorney's office. The state attorney's office issued a subpoena for various documents regarding the class, including students' grades, grading criteria, expense reports, the professor's syllabus, and communications between students (see full story here). Some of the documents the government demanded to see involved students from over 5 years ago.
Sally Daly, a spokeswoman for the state prosecutor's office stated that since students were conducting interviews and working on cases "for a grade in this class," the "request for grades goes to explore any possible bias, interest or motive."
On the other hand, the government in fact prosecutes people for a salary, i.e. profit or tangible gain. This is far more of a questionable incentive than mere grades. This is not to say that society does not need criminal prosecution of some form. However, for people who are paid to throw criminals in jail to accuse some students of bias is absurd.
Northwestern is not currently complying with the subpoena. A hearing on November 10 will determine whether the subpoena is valid.
The prosecution agency's actions here raise issues about free speech civil liberties. If a school or organization is forced to hand over privately gathered evidence every time a prosecutor's office demands it, there will be a chilling effect on these types of innocent projects, as well as speech in general.
The problem is that the government does not like competition of any kind, and will not tolerate it. This is why no private security is powerful enough to act as a check on government law enforcement. This is why the Lotto, a base form of gambling, is permitted, while other types of gambling are not. This is why UPS and DHL cannot put packages in peoples' mailboxes, or make their own mailboxes to compete with the USPS. This is why taxpayers are forced to pay for public schools, even when they choose to send their children to private schools.
This is why the moment this prosecutor's office was questioned, it demanded access to its competitor's files.
The government only grows in one direction. It rarely votes or acts to shrink or reduce itself. Small but significant steps like the one taken by this particular prosecution agency collectively work to deprive people of an adequate check on government, and further cement the government monopoly over justice.
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