Army Attempts to Redefine Free Speech

In May of this year, I conducted an independent news interview with Ehren Watada while working as a freelance journalist. Watada is a 1st Lieutenant in the U.S. Army and is the first commissioned officer to publicly refuse orders to deploy to Iraq. In his interview, Lieutenant Watada asserted that he had a duty as a U.S. Army officer to evaluate the legality of his orders and conduct himself accordingly. For this reason he said that he could not participate in the Iraq War because it was "manifestly illegal" and that his participation would make him a party to war crimes.

In June, Lieutenant Watada made national headlines when he refused to deploy to Iraq.

Lieutenant Watada continues to report for duty at Fort Lewis in the state of Washington while awaiting a February 2007 court-martial on one charge of "missing movement" and four charges of "conduct unbecoming an officer and a gentleman." Each of the latter four charges is based entirely on political speech. If convicted on all charges, Lieutenant Watada could spend up to six years in prison.

As an element of their prosecution, the U.S. Army has cobbled together portions of my interview with Lieutenant Watada and, together, these statements comprise the foundation of one charge of conduct unbecoming an officer. To substantiate this alleged crime, the U.S. Army has subpoenaed me to testify on behalf of the prosecution against my source. The dynamics of the situation are clear. When the military chooses to prosecute a soldier for expressing dissenting political positions to a member of the press, that journalist is unwittingly and inevitably forced into the middle of the conflict.

Among multiple issues this raises, the circumstance begs a central question: Doesn't it fly in the face of the First Amendment to compel a journalist to participate in a government prosecution against a source, particularly in matters related to personal political speech?

The intention is obvious. In the case against Lieutenant Watada, the U.S. Army is attempting to use a journalist as an investigative tool for their prosecution. In this case, the journalist is me. And I wholly object to this attempt at eliciting my forced and unconstitutional participation.

Reporting the News

It is my job as a professional journalist to report the news, not to act as the eyes and ears of the government or participate in government prosecutions. At a time when much of the public already questions the integrity of the media and its perceived collusion with government bodies, I am repelled by an approach that jeopardizes my credibility and compels my participation in muting public speech and dissenting personal opinion.

It is a stunning irony that the Army actually seeks my testimony -- the testimony of a journalist -- in a case against free speech itself. The fact is U.S. v. Watada could set new legal precedent regarding the parameters of acceptable speech in the military. What could be more hostile to the idea of a free press than a journalist participating in the suppression of newsworthy speech?

When journalists are subpoenaed to confirm the veracity of their reporting, they typically agree to this limited request. What makes this case different is that the thing in question is the political nature of Lieutenant Watada's speech. Participating in the U.S. Army's court-martial on even the most limited level forces me to help build the U.S. Army's case against my source and contribute to an act of suppression against the media's ability to report the news.

Chilling Speech/Chilling Journalism

"I started asking why are we dying," said Lieutenant Watada in our interview. "Why are we losing limbs? For what? I listened to the President and his deputies say we were fighting for democracy; we were fighting for a better Iraq. I started to think about those things. Are those things the real reasons why we are there; the real reasons we were dying? But I felt there was nothing to be done and this administration just continually violated the law to serve their purpose, and there was nothing to stop them."