A newspaper writer and reporter in Alabama have been arrested final week and charged with disclosing grand jury proof in an article, alarming press freedom advocates who raised First Modification issues.
The Escambia County district lawyer, Stephen Billy, introduced the felony prices in opposition to Sherry Digmon, the writer and co-owner of Atmore Information in Atmore, Ala., and Don Fletcher, a reporter, primarily based on an article that the newspaper printed on Oct. 25.
Mr. Fletcher reported within the article that Mr. Billy had been investigating the native faculty board’s dealing with of federal coronavirus pandemic reduction cash. Citing paperwork the newspaper had obtained, Mr. Fletcher reported that Mr. Billy had issued a subpoena for monetary data associated to the investigation. It was not clear how the newspaper had acquired the paperwork.
Ms. Digmon, 72, and Mr. Fletcher, 69, have been arrested on Friday and charged with one rely every of unveiling grand jury proof within the article. They have been launched on $10,000 bonds.
A college bookkeeper, Ashley Fore, was charged with the identical felony offense after she “offered grand jury investigation info to members of the media,” in response to a felony criticism.
The case is additional difficult by Ms. Digmon’s twin function: She not solely publishes Atmore Information, a weekly newspaper with a circulation of about 1,300, she can also be a member of the college board in query. She was additionally indicted on two ethics violations associated to her place on the college board.
One of many ethics prices accuses Ms. Digmon of utilizing her board place to promote adverts in one other of her publications, Atmore Journal; the opposite accuses her of utilizing her place to solicit paid adverts from subordinates inside the faculty system.
In each circumstances, Ms. Digmon had a “monetary acquire” of greater than $2,500, the indictment said.
Press advocates have raised issues in regards to the prices associated to the Atmore Information article, saying newspapers have been free to publish details about grand jury investigations so long as they didn’t use unlawful means to acquire it.
“The First Modification protects the appropriate of newspapers to publish truthful speech about issues of public concern — mainly categorically,” mentioned Jameel Jaffer, the manager director of the Knight First Modification Institute at Columbia College.
“If the Nixon administration couldn’t imprison journalists who printed the Pentagon Papers,” Mr. Jaffer added, “the Alabama D.A. can’t imprison journalists for writing tales in regards to the Atmore, Alabama faculty board.”
The Nationwide Press Membership, knowledgeable group for journalists, has known as on the native authorities to drop the costs in opposition to Ms. Digmon and Mr. Fletcher.
“Journalists in the US have the appropriate and the accountability to report info of public curiosity to their communities,” the group mentioned in a statement. “That’s precisely what Don Fletcher and Sherry Digmon have been doing once they reported and printed an article on Oct. 25 concerning an investigation into a neighborhood faculty system’s use of federal Covid funds.”
Mr. Billy didn’t reply to requests for touch upon Thursday. He informed one other native newspaper, The Atmore Advance, on Saturday that Ms. Digmon, Mr. Fletcher and Ms. Fore had damaged the legislation by revealing grand jury info.
“It’s not allowed,” Mr. Billy informed the newspaper, including: “You simply can’t do this, and there’s no purpose for that. Harmless individuals get uncovered, and it causes a whole lot of bother for individuals.”
Earnest White, a lawyer for Ms. Digmon and Mr. Fletcher, known as the costs “politically motivated.”
He identified that Ms. Digmon, as a college board member, had voted on Oct. 12 to not renew the contract of the faculties superintendent, whom Mr. Billy had publicly supported.
“I can’t show that it was,” Mr. White mentioned. “However it all smells.”
Ms. Digmon declined to remark. Mr. Fletcher, reached by telephone on the newspaper workplace, mentioned that Ms. Digmon was “clearly disturbed by this as a result of she’s a powerful Christian individual. So far as me, I’m clearly involved, too.”
Ms. Fore’s lawyer, C. Daniel White, additionally declined to remark.
The costs in opposition to Ms. Digmon and Mr. Fletcher have come not lengthy after a case involving a neighborhood newspaper in Kansas additionally raised First Modification issues.
In August, police officers and sheriff’s deputies searched the office of The Marion County Record — in addition to the houses of its editor and a metropolis councilwoman — accumulating computer systems, cellphones and different supplies.
The searches have been a part of an investigation into how the newspaper obtained and dealt with a doc containing details about a neighborhood restaurateur and whether or not her privateness was violated within the course of, the authorities mentioned.
The county’s high prosecutor later mentioned that there had not been sufficient evidence to support the raid that every one the gadgets and supplies obtained within the search could be returned.
Anthony L. Fargo, director of the Heart for Worldwide Media Legislation and Coverage Research at Indiana College, known as the authorities’ actions in each Kansas and Alabama “disturbing.”
“This concept of going after the messenger is a harmful concept,” he mentioned, “and the press must do no matter it could to struggle again in opposition to it.”