Journalism and the First Amendment on Trial at Standing Rock
, was arrested last week while covering Standing Rock. You鈥檇 think that would trigger a lot of support from the national and regional news media.听
There is an idea in law enforcement called the 鈥渢hin blue line.鈥 It basically means that police work together. A call goes out from Morton County and, right or wrong, law enforcement from around the country provides back up.
You would think journalism would be like that, too.
When one journalist is threatened, we all are. We cannot do our jobs when we worry about being injured or worse. And when a journalist is arrested? Well, everyone who claims the First Amendment as a framework should object loudly.
Last Wednesday, Monet was arrested near Cannon Ball, North Dakota. She was interviewing water protectors who were setting up a new camp near the Dakota Access pipeline route on treaty lands of the Great Sioux Nation. Law enforcement from Morton County surrounded the camp and captured everyone within the circle. A press release from the sheriff鈥檚 Department puts it this way: 鈥淎pproximately 76 members of a rogue group of protestors were arrested.鈥澨听Most were charged with criminal trespassing and inciting a riot.
As was Monet.听She now faces serious charges and the judicial process will go forward. The truth must come out.
But this story is about the failure of journalism institutions.
The Native press and the institutions that carry her work had Monet鈥檚 back. That includes听Indian Country 麻豆社事件 Network,听YES! Magazine, and the听. In听. And,听听in as well听with its own story written by Sandy Tolan who鈥檚 done some great reporting from Standing Rock.听The Native American Journalists Association released a statement听immediately:听鈥淵esterday鈥檚 unlawful arrest of Native journalist Jenni Monet by Morton County officers is patently illegal and a blatant betrayal of our closely held American values of free speech and a free press,鈥 NAJA President Bryan Pollard said, 鈥淛enni is an accomplished journalist and consummate professional who was covering a story on behalf of Indian Country Today. Unfortunately, this arrest is not unprecedented, and Morton County officials must review their officer training and department policies to ensure that officers are able and empowered to distinguish between protesters and journalists who are in pursuit of truthful reporting.鈥
Yet in听North Dakota you would not know this arrest happened. The press is silent.
I have heard from many, many individual journalists. That鈥檚 fantastic. But what about the institutions of journalism? There should be news stories in print, digital and broadcast. There should be editorials calling out North Dakota for this egregious act. If the institutions let this moment pass, every journalist covering a protest across the country will be at risk of arrest.
After her release from jail, Monet wrote for Indian Country 麻豆社事件 Network,听鈥淲hen Democracy Now!鈥檚 Amy Goodman was charged with the same allegations I now face鈥攃riminal trespassing and rioting鈥攈er message to the world embraced the First Amendment. 鈥楾here鈥檚 a reason why journalism is explicitly protected by the U.S. Constitution,鈥 she said before a crowd gathered in front of the Morton County courthouse. 鈥淏ecause we鈥檙e supposed to be the check and balance on power.鈥
The funny thing is that journalism institutions were not quick to embrace Goodman either. I have talked to many journalists who see her as an 鈥渙ther鈥 because she practices a different kind of journalism than they do.
Monet鈥檚 brand of journalism is rooted in facts and good reporting. She talks to everyone on all sides of the story, including the Morton County Sheriff and North Dakota鈥檚 new governor. She also has street cred 鈥 and knows how to tell a story. Just listen to her podcast听鈥 Still Here听and you will know that to be true.
So if we ever need journalism institutions to rally, it鈥檚 now. It鈥檚 not Jenni Monet who will be on trial. It鈥檚 the First Amendment. Journalism is not a crime.听
This article was originally published at听Trahant听Reports. It has been edited for YES! Magazine.
Mark Trahant
is editor-at-large for Indian Country Today. Trahant leads the Indigenous Economics Project, a comprehensive look at Indigenous economics, including market-based initiatives.听Trahant is a member of the Shoshone-Bannock Tribes and has written about American Indian and Alaska Native issues for more than three decades. He is a member of the American Academy of Arts and Sciences and has held endowed chairs at the University of North Dakota and University of Alaska Anchorage, and has worked as a journalist since 1976. Trahant is a YES! contributing editor.
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