Alabama Journalist Tells Us What It Was LIke To Spend Five Months In Jail For Reporting A Story

"[The] order included a vague mandate to take down all content related to the alleged affair, without ever deeming which content was actually defamatory."

Alabama Journalist Tells Us What It Was LIke To Spend Five Months In Jail For Reporting A Story
By Nicole Flatow
Think Progress
April 7, 2014

“You get down to survival mode.” That was blogger Roger Shuler’s state of mind after being arrested and hauled off to jail for writing about a politically connected Alabama lawyer.

“Once you’re arrested I mean there’s not much you can do,” he told ThinkProgress in a conversation after his release, explaining that he felt powerless to handle the legal defense of his case. “Your hands are tied literally and figuratively and just to try to figure out how to get out was almost impossible … I really was afraid for my life at times.”

Until last week, Shuler was the only known journalist in the Western Hemisphere jailed for doing his job. Shuler, a former sports reporter and university editor who developed the political blog Legal Schnauzer, is known as a controversial figure in his community. He has fielded other allegations of falsehoods and has been embroiled in numerous lawsuits over his blogging. But even his critics conceded that a court order banning him from writing anything about the alleged extramarital affair of a man rumored to be running for Congress was likely unconstitutional, and a First Amendment outrage.

First, a Shelby County judge ruled that Shuler could not continue writing about the alleged affair of Robert Riley, Jr., the son of former Gov. Bob Riley rumored to be running for Congress. Then, when Shuler refused to comply with the order, police came to his home one evening and arrested him for contempt of court. Contempt of court is a punishment for failure to comply with a court order. In many instances such as this one, it is a “civil” offense, meaning it doesn’t carry long-term criminal penalties. But officials use jail as a means of forcing compliance with the order. So Shuler sat in jail until he complied.

Shuler was initially resistant to the order. But even when he wanted to comply, he didn’t know how.

“At my Nov. 14 hearing, the only hearing I had in the case, the court gave me no direction on how I could purge myself of contempt,” Shuler told the Reporters Committee for Freedom of the Press. “I noted that I had no computer or Web access to take down the posts, even though I knew it was unlawful to be forced into taking them down. The court’s response was more or less that I had to resolve that problem myself. With that kind of response from the court I felt caught between the proverbial ‘rock and a hard place.’”

Shuler said if he was lucky, he got to make a 15-minute call three or four times a week. “That’s the only communication I had with anybody,” said.

And getting a lawyer wasn’t easy. While defendants in criminal cases who cannot afford a lawyer have a right to court-appointed counsel, the same is not true in civil contempt cases. Shuler called himself middle class, and said he would “really need either pro bono or contingency type of legal representation and I think it’s a possibility but it’s very slow in trying to make it happen.”

Shuler was supported by legal briefs in his case from the American Civil Liberties Union of Alabama, and the Reporters Committee for Freedom of the Press. But neither organization was representing him directly, and only he had the power to appeal his own case. Shuler didn’t appeal. He said he spent his time in jail fearing for his life, and figuring out how he could comply with a sweeping contempt order and get out of jail. As the Reporters Committee for Freedom of the Press explained in an October letter, the order included a vague mandate to take down all content related to the alleged affair, without ever deeming which content was actually defamatory.

What ultimately facilitated Shuler’s release was the intervention of his wife, Carol, who drafted an agreement to take down some material that allowed Shuler to be freed at least temporarily. “She was the one that really negotiated getting me out,” he said.

Shuler was perhaps the most prominent inmate in Shelby County jail these last few months, but he says he wasn’t the only one who shouldn’t have been there. Most of the people he met were there for drug and alcohol problems, he said, or for mental health issues the jail didn’t appear suited to handle.

“Jail is I guess by definition a holding facility for people a lot of whom have not yet been found guilty of anything,” he said. (Jails typically hold individuals who have been charged but not yet convicted, or those who receive short sentences, typically less than a year). “I go to bed at night and a lot of times I think there are guys still in there … I get the feeling we’re in a culture right now, it’s sort of like arrest first, and ask questions later.”

News of the World's Former Top Lawyer Arrested

News of the World's Former Top Lawyer Arrested
August 30, 2012
By PAUL SONNE And CASSELL BRYAN-LOW
Wall Street Journal

LONDON—British police on Thursday arrested the former top lawyer at News Corp.'s News of the World tabloid on suspicion of conspiring to intercept communications, a person with knowledge of the matter said, marking one of the most high-profile arrests in a continuing police probe into wrongdoing at the shuttered tabloid.

London's Metropolitan Police confirmed Thursday that officers investigating illegal voicemail interception at the News of the World had arrested a 60-year-old man and brought him in for questioning at a South London police station, but the force declined to identify the suspect.

A person with knowledge of the situation, however, identified the person as Tom Crone, the lawyer who served as the News of the World's in-house counsel for more than 25 years until News Corp. closed the weekly tabloid at the apex of the phone-hacking scandal in July 2011.

A call to Mr. Crone went unanswered mid-day Thursday.

The 60-year-old lawyer became one of the phone-hacking saga's most visible figures last year when he and former News of the World editor Colin Myler broke ranks with their former employer to dispute an element of News Corp. executive James Murdoch's testimony to a parliamentary committee.

Messrs. Crone and Myler said they had informed Mr. Murdoch in 2008 of a controversial email whose contents suggested the practice of hacking mobile-phone voicemails went beyond what the company had initially admitted. But Mr. Murdoch said he hadn't been informed of the email's contents at the time and learned the scope of the wrongdoing at the paper only in late 2010, a position he reiterated upon further questioning.

A spokeswoman for News International, the U.K. newspaper unit of News Corp., declined to comment on Thursday's arrest. She didn't say whether the company is paying Mr. Crone's legal bills. News Corp. owns The Wall Street Journal.

Mr. Crone was a veteran lawyer on Fleet Street. He often vetted the News of the World's raciest stories ahead of publication and went to court to defend the paper against high-profile libel claims brought by celebrities.

The longtime News of the World lawyer was one of three people the U.K. Parliament's Culture, Media and Sport Select Committee censured in a May report for misleading Parliament during hearings on the phone-hacking matter.