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Wednesday, February 15, 2012


To Preserve Our Rights,
We Must Stand Up For Them

by Josh Fox on Wednesday, February 15, 2012 at 5:02pm ·

To Preserve Our Rights, We Must Stand Up For Them.

by Josh Fox

This morning, the charge of "unlawful entry" brought against me was dismissed without condition. The US Attorney dropped the case, finding it baseless and without merit. Although this is a personal victory and I am very grateful and relieved at the US Attorney's decision, it serves as a painful reminder that we do not have rights unless we exercise them .

On February 1st, I was arrested, briefly jailed, and charged with "unlawful entry" for attempting to film a public hearing in the Science, Space and Technology committee. I did not enter unlawfully, I lined up outside just as everyone else did and walked in when the room opened. I set up my tripod and camera where cameras normally are set up in that particular hearing room and I was calm and peaceful. I did not disrupt the hearing nor did I intend to do so. I believed I was within my first amendment rights, as a journalist and filmmaker. I was reporting on a case that is intensely personal to me, that I have been following for 3 years.

The House had convened a hearing in the House Energy and Environment subcommittee to challenge 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 was clear that Republican leadership, including Chairman Andy Harris of Maryland, who ordered my arrest, 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.

When I was being led out of Congress in handcuffs, Representative Paul Tonko, Democracy of New York shouted out "This is the People's House!" in disgust. Representative Brad Miller of North Carolina, moved to suspend the rules so that we could continue to film the proceedings stating "All god's children should be allowed to film this hearing!" It was a surreal moment. Later that day, Congressman Maurice Hinchey would write, "This is blatant censorship and a shameful stain on this Congress."

But if it is not now the "People's House", it is now, more than ever the "people's media". I was able to watch my own arrest on youtube because members of the audience filmed it and posted their videos. It was the citizen journalism that first documented people lighting their water on fire in gas fracking areas. It was citizen journalism that posted videos of the recent mass arrest of peaceful protestors in New York and in California. The people's media is our system of accountability and transparency and we must continue to practice it.

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.

I have huge respect for those who make the immense personal sacrifice to do public service and represent their constituents and the American people. I believe we elect our representatives with good will and trust and the hopes that they serve us honestly and respectfully and I believe that we, as citizens, send them to Congress with love, pride and well wishes for the future of the nation. However, I have no respect for or deference to those who would misuse the power granted them by the American people to upend the institutions of democratic government and the rights of the citizenship they have ben sworn to uphold for private gain, political leverage or because they are beholden to corporate influence or corrosive ideology.

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 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.

We cannot take our democracy and the rights of our citizenship for granted. Democracy is not handed to us from on high or guaranteed to us by battles fought by our ancestors. It is perpetually under siege by those with power, money and influence who would rather our nation of laws becomes a nation of affiliation. It is clear to me that I was arrested to serve the interests of oil and gas companies, whose interests often run counter to those of ordinary American citizens.

I was arrested because I refused to turn off my camera at a public hearing in the US congress. I have filmed hundreds of public hearings around the country and the first amendment guarantees my ability to report on what happens in public.

And I continue to refuse. I refuse to let Congressmen blatantly attack science in the the Science committee without the light of the media shining out their transgressions. I refuse to be silenced and not report on the misdeeds of those representatives who are clearly influenced by oil and gas companies beyond loyalty to their own citizen's health. I refuse to stand down and let oil and gas companies lie about what they are injecting into the ground and emitting into the air. I refuse to let the bill of rights collapse under the weight of a 250 million dollar lobbying campaign. I refuse to let money, power and influence define the next American century over the will of the people. I refuse to turn of my camera and sit idly by as huge areas in 34 states become sacrificial drilling zones. I refuse to turn my back on the good and great people that have entrusted me with their stories of oil and gas contamination and walk away from the fight they have inspired me to wage on their behalf. I refuse to let the oil and gas industry bury their cancerous secrets for us to unwittingly drink. I refuse to bow and walk out of congress leaving it to the influence of those with money to peddle in its halls. I refuse to relinquish my understanding of the law and of justice. I refuse to surrender my citizenship and my dignity, head bowed in submission, to the influence of corporate power. I refuse to forsake the American dream of the many for the financial gain of the nationless few. I refuse to walk away, from my home and my country.

The fact that my case was dismissed so readily only attests to the ridiculousness and unfairness of my arrest, the US attorney has refused to pursue it.

I woke up one morning and declared myself a journalist. I had to. My home was under siege by the gas fracking industry. I felt that I had to not only seek out the true effects of the largest natural gas drilling campaign in history on public health and the environment but also to report what I found to my community.

The first amendment states that anyone can do the same. Anyone can wake up in the morning, declare themselves a journalist and enjoy the protections of the First Amendment. In the era of instant media, youtube and social networks, this becomes even more relevant and exciting; anyone with an iphone can rock the world. It was citizen journalists who first posted police pepper spraying peaceful protestors in New York and California and it was citizen distribution that virally spread those horrific videos of police brutality until the whole world was infected with the truth of what is happening in the USA today. It was citizen journalists who first documented water catching on fire at the kitchen sink as a result of gas fracking. It was citizen journalists who woke up one morning and decided to show the water contamination and air pollution due to gas drilling in Texas, Wyoming, Pennsylvania and in states across the nation.

This year we have seen severe repression of journalism in America. Hundreds of journalists have been arrested this year simply trying to do their jobs. Whether they were covering oil and gas issues or issues of economic inequality during the Occupy demonstrations.

"Recently, Reporters Without Borders released its 2011–2012 global Press Freedom Index. Due to journalist arrests and press suppression at Occupy Wall Street-inspired protests, the United States has dropped significantly in the rankings of press freedom, from 27 to 47." Truthout reports.

Having personally witnessed the outrageous police brutality and repression which was an unwarranted response to occupy protests and to citizens who were acting in defense of their towns and neighborhoods against gas fracking and other egregious human rights violations as the result of fossil fuel development, I feel it is necessary to stand with all of those who have had enough of inequality and enough of big business having undue influence over the government.

So please accept my invitation, and the First Amendment's authorization, to declare yourself a member of the Press. Declare yourself a witness to history and a fighter for transparency and equality under the law. And if you feel like it, go film a congressional hearing. Don't bother to ask for permission, permission was just granted to you by the US Attorney. You don't need credentials, you have your rights. Assert them.

Josh Fox


p.s. I am very thankful to Reporters Without Borders, The Society of Environmental Journalists, Bill Moyers, Amy Goodman, Ed Schultz, Michael Lumpkin and the Independent Documentary Association and to the 30,000 people who signed the Working Families Party petition on my behalf and to all of my supporters for your help well wishes and statements of outrage and strength. I am also very grateful to all of the reporters, news outlets and journalists who reported on this travesty.


Anonymous said...

you watch josh, there will be a law probably sooner than you think about people just saying there reporters. You will probably have to sign for a pass and you will probably have to go to school for four years an get a diploma to be a self made journalists. They will figure out a way to stop the people that are like fleas on them digging into there skin. Just thinking out loud... Thank you for all your doing...

John Stoneman said...

Very well put Josh! Long live social media and our rights to use it! As Josh put it so eloquently, WE ARE ALL JOURNALISTS!
And as Americans, our freedoms are borne out of seeing wrongful acts, reporting them, and working to change them! In this day and age, it’s so simple to carry a digital camera wherever you go! Take one with you and don’t be afraid to use it! Whatever happens in public can be legally filmed! Get out there and film everything and anything that might be hurting the public or our country! And share it with the world! We are all citizen journalists! Do your part!

Anonymous said...

Just another headline grabber trying to grab money ! Maybe Fox and Troutman should hookup!

Anonymous said...

Here's one for you. Fox News last night reported that a 5 year old student brought a lunch to school consisting of a turkey sandwich, fruit and chips. One of the teachers decided that was not "within the guidelines of the federal government," and required her to also eat some chicken nuggets (have you ever seen the video of how those nuggets are made? SICKENING!). A furor resulted as to just how long IS the arm of the fed gov't to dictate just what we eat now. That's how scary this is becoming. The feds want to tell us all what to do, what to eat, how to live. In other words, we're plummeting headlong into becoming a Nanny State, as in Berlin, Stalingrad, etc.! Common Denominator with Josh's story is - WE ARE LOSING OUR FREEDOMS - unless we take a stand! And what's even scarier... close to 50% of the people in this country are indicating they WANT this, because that is what the polls showing Obama's popularity now indicate - Americans are liking the idea of being told what to do, when to do it and how to live. God help us, if we fail to take a stand, for we will get what we deserve. And worse yet, our children will get what they do not deserve.

Anonymous said...


Anonymous said...

Great work I guess. I would like to ask the question though. Have there been any fruits to your labor. Has any legislation, local ordinances, codes, etc., been changed or ammended?

Anonymous said...

@9:41, your story about "chicken nuggets" is bogus, a wild exaggeration, twisted by 3rd party interests to paint a very specific picture of a government out of control.

here's a more thorough and detailed accounting:


From the article:
By and large, what this story boils down to is that a low-income child whose tuition is fully subsidized by the state under a program her mother opted into was offered some additional food to supplement the boxed lunch she brought from home. This option was provided not because of some overarching, generally applicable law or regulation, but because the program in which her mother and school voluntarily participate requires such an option be available. The mother apparently objects to this option being provided to her daughter, not because of any health concerns or the like, but because she incorrectly believes that she will be charged additional money for her child being provided this option. Since she won’t in fact be charged for this and there is no evidence she was ever going to be charged for it, there is absolutely no harm actually being done to her or her child.

It is worth your time and effort to fully research stories that are pushed forward by media personalities who's primary product is "pushing the outrage button".

Also, Josh Fox was credentialed and wearing those credentials as he was under contract to HBO working on a second documentary.

Anonymous said...

12:29 take your obama blinders off he loves dumb koolaid drinkers such as your self! You would rather have a government agency tell you what to feed your child?

Anonymous said...

@12:57, Obama has absolutely zilch to do with that story out of NC. This program was a completely state operated program you partisan fool.

You've been lied to and the link includes actual documentation that proves how badly you've been had.

Anonymous said...

Here! Here! To Josh! We should all be so brave. We are all so lucky to have people such as he to fight the fight for us.

Anonymous said...

12:57, you sound like the one with huge blinders on. You just wanted to get your daily Obama jab in and didn't even bother to read 12:29's post where it CLEARLY stated "subsidized by the STATE" not federal government. Whether or not it applies to the subject at hand, you Obama bashers will bring his name into it somehow. Thanks for proving that yet again. BTW, I'd bet you are a Faux News viewer too.

Anonymous said...

1:15 Our government local,state and fed will soon run every aspect of your sheepish lives. 1:19 another sheep! you can't fight for your children or yourself?

Anonymous said...

this post is just more fear-mongering.
go here http://www.theblaze.com/stories/oscar-nominated-director-of-anti-fracking-movie-arrested-during-congressional-hearing/

then go here http://www.foxbusiness.com/on-air/stossel/blog/2011/05/19/natural-gas-scaremongers and stop being sheep

Anonymous said...

I am 9:41AM - @12:29: Yes I am going to "fully research" a story aired on a trusted news network before entering the report on a blog commentary where all of 20 people might read. But thank you for doing that for me. Glad you got the time. I stand corrected. However, in my humble opinion, we are losing our freedom, and it's that fact that makes me and many other American citizens feeling as though we need to be on the alert, to the point of being a bit "jumpy". Josh's story - case in point - for the insanity that is out there today.

Anonymous said...

What are you afraid of 4:38?

Would your whole world fall apart when you find out you're a cheerleader for a handful of billionaires who buy our government out from underneath us?

You idiot.

Or do you just hate the black guy that much to equate a state program issue to "the kenyan".

Jesus help us, cling to your god and your guns you fool.

Obama ain't the problem, a totally bought and paid for congress is you bigot.

Anonymous said...

Talk about bought and paid for.Funny how you stick up for obama when he is very rich himself yet he is telling people to hate the rich because it's their fault! Lets not forget the congress you speak of is held by the democrats!

Anonymous said...

You insisted on bringing up Obama. I merely pointed out how false your assertions were regarding that story out of NC.

I also included an accurate link with state documents showing exactly how wrong you are.

Also, I never advocated for Obama, I merely pointed out how a corrupt congress is the root of America's political problems.

As for being held by Democrats, the Senate is a 51/49 dem/split, while the house is overwhelmingly republican.

Not only are you a bigot, you are also horribly uninformed in regards to current events and terribly ignorant about your own government.

Sad, indeed. You hate the black guy, but it's not about race...(it's also not reality based either as you have no clue what reality actually looks like).

We get it...you're not a racist...you're just another pure partisan douchebag.