Author & Journalist ~ Strong-Armed by U.S. Courts

A modern day witch-hunt is underway in DuPage County, Illinois. The huntsman – the seat of justice. The pursued – Author and Journalist Joseph Hosey of the Joliet Patch. The reporter faces contempt of court fines and possible imprisonment for not surrendering his Constitutional First Amendment rights.

To what extent does the Constitution of the United States protect our civil rights? As journalists and authors place their credibility on the lines with every word they publish, how much protection is offered by the First Amendment of the Constitution to these warriors of the written word?

According to the Chicago Sun Times,

“The bodies of Glover and Rankins, both of Joliet, were found Jan. 10 in the Hickory Street home of Alisa Massaro, who is charged in the murders along with Bethany McKee, Joshua Miner and Adam Landerman. Hosey used police reports he obtained to write stories about the killings. McKee’s lawyers want to know who leaked the reports and asked the judge to require Hosey to be questioned under oath. Hosey first exposed the salacious claims that Massaro and Miner had sex on the bodies of the victims. A source has confirmed for the Chicago Sun-Times that the detail appears in the reports, which contain conflicting interviews. More than 500 sworn statements were submitted by members of the Joliet Police Department, Will County state’s attorney’s office and the staffs of the defense attorneys — with all denying being Hosey’s source (Sun Times).”

The courts feel Hosey stands between them and a leaked “source” and that the individual who supplied Hosey with the reports should face disciplinary action (not withstanding fines, loss of his or her job, and possible incarceration).  

There stands in the individual state laws what is referred to as a “Shield Law.” Every state offers its authors and journalists protection from the immoral injustice of being confronted with losing his or her credibility and jeopardizing a career when a “source” confides in the individual, and places trust that the information will be held in confidence. The author or writer is guaranteed protection as a condition of our Constitutional rights and the Shield Law. As our Constitution clearly points out, the one exception, for so long as the information provided does not compromise the security of our nation, which will be considered an act of treason.

It is clear that journalist Joseph Hosey has not committed an act of treason. The courts simply wish to “shakedown” an alleged reputed leak in the system because they have egg on their face. They are in need of a scapegoat and, to them, Joseph Hosey is an easy target. Why? Because Mr. Hosey has scruples and an ethical character.

Is Mr. Hosey responsible for that leak? No. Then why should he, and his sources who came to him in confidence, suffer the consequences for the shortcomings of a flawed system?

Russian philosopher and novelist Fyodor Mikhailovich Dostoevsky once wrote in his book, House of the Dead (1862), “The degree of civilization can be judged by its prisons.”  I say, “The degree of a civilized state can be judged by its courts.”

When people are told they cannot trust a conversation be held in confidence with a journalist, the next step is to begin dragging in the detailed confidential conversations of parishioners and clergy, and patients and their therapists. There are no boundaries when the very lawmakers become the lawbreakers.

“New York Times Co. v. Sullivan (1964): The Supreme Court held that when a publication involves a public figure, in order to support a suit for libel, the plaintiff bears the burden of proving that the publisher acted with ‘actual malice,’ meaning that the publisher knew of the falsity of the statement or acted with reckless disregard as to the truth of the statement (New York Times).”

I see no proof journalist Joseph Hosey acted in a manner of “malice” as per the case of, New York Times Co. v. Sullivan. The courts are not questioning the validity of his remarks. Their concern is more personal, they want to chastise one individual (Joseph Hosey’s source) for exposing truths. The State, the courts, and the judge have made this a personal vendetta.

Personally, I can vouch for Joseph Hosey’s professional character. It was the winter of 2012. I was fresh out of college. Imagine that, a middle-aged college graduate with a degree and not a clue of what career path to follow. My initial plan was to interview as many people I could and begin by writing a best-seller.

I knew of Author Joseph Hosey because I read his recently published book. I asked Joe, through a social media site, if we could get together. I told him I wanted to write a book and that I was inspired by his book. To my surprise, he acquiesced. We met at a local coffee shop.

I began by unveiling my idea for my book. Joe, smiling and sipping his coffee, waited for me to give him a word edgewise. When I asked what he thought and if he had any advice for a budding author, Joe said, “It’s a difficult path. Are you sure you want to write [that] story?” I recall the confusion his response evoked. Then I asked, “Why? What’s so hard about it?”

I have never forgotten Joe’s reply – it haunted me. He said, “If you travel down this road some people are going to love you, but others will hate you. Always be true to your work. Be consistent and never settle for less than the absolute truth.”

This is the man, a professional, an author and a journalist, whose ethics are being questioned, and challenged by the DuPage County courts. Why? Because he believes in his First Amendment rights and his right to protection under the Constitution of the United States of America.

Joseph Hosey stands as a pillar to all humanity as it is concerned with our civil rights. When the law seizes the power to modify the Constitution to fit its personal agenda at the expense of society and its people, there is no longer legal protection for the people to govern themselves – the Constitution was designed to protect its people.

Mr. Hosey was doing his job in the best possible way he was taught to preform – under the impression he was protected by the very laws that are now being used against him. If we allow the law to attack him, and we do nothing about it, we become a part of the corrosive toxins that are eating away at our culture and our Constitution.

I intend to do my part beginning with this article. A simple note of encouragement to the Joliet Patch where journalist Joseph Hosey spends his time connecting with his readers (joliet.patch.com) will go a long way. Thanks for supporting our civil rights and your Constitution!   

Fox News

http://www.foxnews.com/us/2013/09/20/illinois-reporter-in-contempt-court-for-not-revealing-source/

New York Times

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0376_0254_ZS.html

Shield Law

http://en.wikipedia.org/wiki/Shield_laws_in_the_United_States

Sun Times

http://www.suntimes.com/22686168-761/joliet-reporter-found-in-contempt-for-not-divulging-source-could-face-jail-time.html