'Gasland' Journalists Arrested At Hearing By Order Of House Republicans

UPDATE: 12:09 p.m. -- Capitol Police public information officer Sergeant Kimberly Schneider provided the following statement to HuffPost on the morning's events:

"At approximately 10:30 a.m. today, United States Capitol Police arrested Joshua Fox of Milanville, Pa. in room 2318 of the Rayburn House office building. He is charged with unlawful entry, and he is currently being processed at United States Capitol Police headquarters."

UPDATE: 2:27 p.m. -- Fox apparently had applied for credentialing the day before the hearing but had been unable to obtain official permission to film. He had asked a credentialed film crew to tape the proceedings on his behalf but was informed that this was not permitted.

Nevertheless, turning away journalists is extremely rare on Capitol Hill. The rules requiring pre-approval for film crews are designed to prevent hearings from being disrupted by hordes of camera operators. That was not the case for this hearing. Only two cameras requested entrance to the event, which was not crowded.

Subcommittee Chairman Andy Harris (R-Md.) was unavailable for comment, but several Democrats on the committee voiced outrage with the GOP's press blackout.

"I was chair of the Subcommittee for four years, and we frequently had people show up the day of a hearing to film," Rep. Brad Miller (D-N.C.) told HuffPost. "We asked for their name, but they were told if they would not disrupt the hearing, they were free to record. A couple of times staff said, 'You're getting in the way, don't stand there,' but other than that, I do not ever recall anything like this. We certainly never turned anyone away for not providing 24 hours' notice."

"It's an outrageous violation of the First Amendment," Rep. Zoe Lofgren (D-Calif.) told HuffPost. "Here we've got an Academy Award-nominated filmmaker, and it's an important subject and the subject that he did his prior film on for HBO. And they put him in handcuffs and hauled him out of there. This is stunning."

"I found it ironic that there was not a flood of cameras there," noted Rep. Paul Tonko (D-N.Y.). "There was the one camera and then before that, the ABC camera ... if you have a camera there to bring the issue home to the public, that's a good thing."

The hearing was already being filmed by C-SPAN. Josh Fox had only sought to obtain higher-quality video by bringing their own cameras to the event. Democrats attempted to suspend the rules governing camerawork to allow Fox and ABC to film the hearing, but Republicans, who hold a majority on all House committees and subcommittees, voted down the motion. Democrats then sought to postpone the hearing to allow for filming at a later date, a motion which Republicans also overruled.

UPDATE: 3:45 p.m. -- Republican staffers told Democrats that a crew for ABC News had also been denied access to the event, but ABC News told HuffPost that their organization did not have any journalists assigned to cover the hearing. It is not clear what caused the confusion.

"We definitely did not have a crew on the Hill this morning to cover this hearing," an ABC News spokeswoman told HuffPost. "The individual who was turned away absolutely did not have ABC news credentials."

UPDATE: 4:45 p.m. -- Rep. Jerry Nadler (D-N.Y.) told HuffPost, “I have served in the House of Representatives since 1992, and I had the privilege of chairing the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. In all that time, I cannot recall a chair of any committee or subcommittee having ever ordered the removal of a person who was filming a committee proceeding and not being disruptive, whether or not that person was accredited. It is a matter of routine that all sorts of people photograph and record our proceedings. Most of them are not accredited. I cannot recall anyone questioning their right to be there."

Arthur Spitzer, legal director of the ACLU in Washington, explained that "congressional committees routinely allow professional journalists to record hearings even when they don't have official press credentials, and excluding a journalist because he doesn't share the political views of the committee chair is outrageous. The Supreme Court has explained many times that censorship based on viewpoint is the clearest kind of First Amendment violation, and that seems to be what happened here."

Josh Fox, meanwhile, has issued the following statement to the press:

I was arrested today for exercising my First Amendment rights to freedom of the press on Capitol Hill. I was not expecting to be arrested for practicing journalism. Today's hearing in the House Energy and Environment subcommittee was called to examine EPAs findings that hydraulic fracturing fluids had contaminated groundwater in the town of Pavillion, Wyoming. I have a long history with the town of Pavillion and its residents who have maintained since 2008 that fracking has contaminated their water supply. I featured the stories of residents John Fenton, Louis Meeks and Jeff Locker in GASLAND and I have continued to document the catastrophic water contamination in Pavillion for the upcoming sequel GASLAND 2. It would seem that the Republican leadership was using this hearing to attack the three year Region 8 EPA investigation involving hundreds of samples and extensive water testing which ruled that Pavillion's groundwater was a health hazard, contaminated by benzene at 50x the safe level and numerous other contaminants associated with gas drilling. Most importantly, EPA stated in this case that fracking was the likely cause.

As a filmmaker and journalist I have covered hundreds of public hearings, including Congressional hearings. It is my understanding that public speech is allowed to be filmed. Congress should be no exception. No one on Capitol Hill should regard themselves exempt from the Constitution. The First Amendment to the Constitution states explicitly "Congress shall make no law...that infringes on the Freedom of the Press". Which means that no subcommittee rule or regulation should prohibit a respectful journalist or citizen from recording a public hearing.

This was an act of civil disobedience, yes done in an impromptu fashion, but at the moment when they told me to turn off the cameras, I could not. I know my rights and I felt it was imperative to exercise them.

When I was led out of the hearing room in handcuffs, John Boehner's pledge of transparency in congress was taken out with me.

The people of Pavillion deserve better. The thousands across the US who have documented cases of water contamination in fracking areas deserve their own hearing on Capitol hill. They deserve the chance to testify in before Congress. The truth that fracking contaminates groundwater is out, and no amount of intimidation tactics --either outright challenges to science or the arrest of journalists --will put the genie back in the bottle. Such a brazen attempt to discredit and silence the EPA, the citizens of Pavillion and documentary filmmaking will ultimately fail and it is an affront to the health and integrity of Americans.

Lastly, in defense of my profession, I will state that many many Americans get their news from independent documentaries. The hill should immediately move to make hearings and meetings accessible to independent journalists and not further obstruct the truth from being reported in the vivid and in depth manner that is only achievable through long form documentary filmmaking.

I will be thinking on this event further and will post further thoughts and developments.

I have been charged with "unlawful entry" and my court date is February 15.

Josh Fox
Washington D.C.
2/1/12

Congratulations you republican fools, you have just hammered home another nail in your coffin. Not that the Democrats have never done so, but times are changing and our eyes are opening. I have voted independent before and registered republican for primary voting only, If this is your tactic then you will not get my vote, none of you, this time.

Republicans now hold their Bund meetings and Kangaroo Courts on Capitol Hill . No press coverage allowed. This election had better provide a new broom to sweep clean the halls of Congress. Perhaps with this amount of tyranny and corruption a "street sweeper' is required.

Everyone should try to watch one of these republican committees in action they are the most one sided political foolishness i have ever seen.I,ve watched many congresses in my 76 years but this gop controled house has to be the stupidest thing that ever happened in america.

The 1st amendment is ignored by Republicans who see themselves above the law...I hope ABC is brave enough to report this.

It should be seen only as the desperate acts of people whose intellectual arguments haven't enough backbone to stand on their own. Most would despair that the nation is becoming more and more totalitarian. I don't despair at all - as I said, human beings resort to heavy-handed measures as their intellect fails. The greater the failure, the more they must rely on force to retain power. Ultimately, the greater the intellectual incompetency, the more assured their eventual replacement by those more competent.

Rejoice that your oppressors are in decline to idiocy.

Hang those Darth Vaders dressed like Yoda who trample on our constitution and our rights!

Revolution is needed because these people are MURDERING PEOPLE. Nice talk is done people. The fracking companies, lobbyist, and politicians who vote for it and ignore the risks....but still go ahead need to tried for MANSLAUGHTER. period......no more debate. I am not saying they don't get a trial, but they will definitely be arrested for a crime.

OWS should start arresting criminals when the avalanche of criminality is video taped.....when politicians lie on video one day than contradict what they just said...... OWS should move with THE MILLIONS walk in.....and put them under citizens arrest with NO RELEASE TILL TRIAL. Some stoooge judge decides to skip it....he goes under citizens arrest too for corruption. We get some of OUR lawyers to make the indictment, post it, and if the powers that be want PEACE AND NO RIOTS.....then these people get put up on a televised and supervised TRIAL. THAT IS WITHIN THEIR POWER AND THE 99%. We don't need elections and can be non violent, the laws are there and can be used if they choose. They want us to be peaceful while cops break the law on video....and then do it again and again. We want to try criminals hurting us if they want to arrest us for protesting. We have laws and the police are told to only enforce it on the people they SAY TO but not the rich and powerful. IF i poison a well and people get sick or die I go to jail.....same for them and the corporation gets the death penalty. WE START PUTTING CRIMINAL MILLIONAIRES, JUDGES, POLITICIANS, POLICE AND CEOs INTO REAL PENITENTIARIES THIS WILL NOT STOP. one law for all people and businesses.

Free press being arrested is very very close to ending everything we believe in......

Republican only want the first amendment to work for them, and the tea party, everybody else shut up or go to jail.

"Tune in next time for more egregious overstepping of Constitutional power on another great episode of Republicans!"

Indeed we are living in extremely troubled times, America is the empire of lies long fortold by both Orwell and even the Bible.

See this should be used by some Left Wing Super Pac to show how the Republicans are stealing our rights and poisioning us and the land in favor of corporations. This shows the Republican lie machine in action. +^d

Didn't they do this with After Downing Street Hearings, where they forced the Democrats into a small room to conduct hearings. This is what you get when criminals are not charged, especially our elected leaders. This is just a taste of what it will be like if those republicans get in!

What a bunch of chicken shits!

Typical Republican dirty tricks.

Truth is one of the first things to die in a fascist regime. More evidence that the Orwellian nightmare is coming true.

All I can think is if Republicans have a documentary crew arrested, they are attempting to steal our liberties right out in front of God and everybody, now. Talk about an assault on The Constitution. Geez.

That crew must have a reputation for telling the truth. Can't have the truth getting out, now can we.

Will book burning be next?

The GOP are turning into the Great Suppressors. They don't want the truth to get out, it might wake people up. The Chairman of the Energy Committee was the one that apologized to BP when the President told them they had to pay for the clean up the oil spill in the Gulf. Another reason politicians need to get out of the pockets of the special interest.

But yet, C-SPAN was filming it. It's obvious they were abusing their position to deny first amendment rights because fracking is a topic that is controversial and Josh Fox told the truth. This is why I am angry at Obama for his support of expanding shale gas fracking in his SOTU address. We should be fighting against this not allowing them to do more damage. I believe this is the house energy committee? Think I'll look them up and send them an e-mail. And there are those who think the environment isn't important.

Holy Sh*t, Welcome to the North American Union... =(

Tar sands, gas fracking and global warming are what will determine the November election.
This is turning into an ugly fight.

Doesn't this speak volumes?

Why must the people in power always want to hurdle the rest of us into extinction?

Secret Government , business as usual.

fire them all

Sic 'em Anonymous. Bring truth to power.

FUCK these limp-dicked, egomaniacal FASCISTS!

CONTROL THE FLOW OF INFORMATION AND CONTROL THE WORLD.

The republi-thugs continue their business as usual.