Portland Threatens Reporter with Subpoena in Protesters' Class Action Suit

The city of Portland is seeking a reporter's declaration under oath for its defense in a civil rights lawsuit, a move generally viewed by the press as a strongarm tactic given laws that protect journalists from testifying about their work. Freelance reporter Mike Bivins said he was told of a possible subpoena during a phone call with the lead city attorney in the case, Naomi Sheffield.

Bivins published articles for Willamette Week and Al Jazeera about the protest, during which police allegedly corralled hundreds of protesters and demanded their IDs. The tactic, called "kettling," led the American Civil Liberities Union to file a class action suit in federal court against Mayor Ted Wheeler and more than 50 police officers.

Duane Bosworth, a Portland attorney who has defended journalists against government subpoena requests, said in his view Oregon's media "shield law" would likely protect Bivins from being forced to testify. Shield laws protect reporters' privilege to not testify about information they gather or their sources. The Oregon shield law is perhaps the strongest in the nation, said Bosworth, who occasionally represents The Oregonian/OregonLive.

Bivins said he does not intend to sign a declaration in order to "not appear like I'm on one side or another." He said the ACLU approached him about joining their lawsuit against the city, but he declined.

Bosworth said governments can chill reporters' ability to gather news and make sources by issuing subpoena threats.

"If a person is speaking to a reporter and knows that information could be provided to the cops that would dry up those conversations," Bosworth said. He said what "no reporter wants" is to appear to take sides, or worse, be compelled to do so by the government.  (The Oregonian, July 23, 2018)