Photo By Jim ZacharyThe Sentinel Newspapers Executive Editor Brian J. Karem and Brad Stone, of WSB-TV Atlanta, share their stories about being jailed for protecting their news sources and explain their reasons for calling for a national journalists shield law while addressing the Atlanta Press Club Monday evening. 

ATLANTA — People are jailed for many reasons.

Some use or peddle illegal drugs, others steal, while the worst offenders commit rape or even murder. 

Brian Karem simply refused to name the source for a news report. 

Karem went to jail four times after he refused to give up a confidential source in his coverage of a San Antonio, Texas, murder case back in the late 1980s. 

He is not alone. 

Karem told the Atlanta Press Club Monday evening he is one of 14 journalists he knows who have been jailed for what he describes as exercising their First Amendment rights. 

In Georgia this year, Publisher Mark Thomason, who runs the Fanin Focus in Blue Ridge, was arrested and jailed after he made an open records request while he was doing an article that targeted a local judge. 

In another high-profile case in North Georgia, Nydia Tisdale, who describes herself as a “citizen journalist,” was arrested and jailed when she tried to videotape a Republican party fundraiser where Gov. Nathan Deal was in attendance.

Tisdale was among the attendees at the press club forum held in downtown Atlanta, videotaping as usual. She attends numerous local government meetings and posts the videos for the public. Tisdale explained while she only spent a few hours in jail before bonding out, her case is still pending. 

Thomason, who was jailed in the Blue Ridge incident back in June, was unable to attend the forum, but Karem commended his work in pursuing the story even when it resulted in being arrested. 

A media firestorm following the arrest of Thomason put pressure on the judge who brought the complaints against him and the prosecutor who issued the warrant, resulting in the charges against the publisher being dropped. 

At the time of his arrest, the press club, along with the Georgia First Amendment Foundation and the Georgia Press Association, issued a joint statement condemning the actions of Appalachian Judicial Circuit District Attorney Alison Sosebee and Judicial Circuit Superior Court and Chief Judge Brenda Weaver for pursuing actions against the journalist. 

Karem, who is now the executive editor of The Sentinel Newspapers in Rockville, Maryland, is calling for a national journalists shield law to address similar abuses of power. 

Most states offer reporters some protections. 

In Georgia, the reporter’s privilege states, “Any person, company, or other entity engaged in the gathering or dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, unless it is shown that this privilege has been waived or that what is sought: (1) Is material and relevant; (2) Cannot be reasonably obtained by alternative means; and (3) Is necessary to the proper preparation or presentation of the case of a party seeking the information, document or item.”

Karem, and those who are advocating for a national shield law, say state laws do not go far enough in protecting journalists and the privilege should not be left to the discretion of the states. 

“The First Amendment has been destroyed,” Karem said. 

The storied editor talked about the importance of investigative journalism and holding the powerful accountable. 

“This is the golden age for corrupt politicians,” he said.

Karem lamented the thought a journalist shield law would even be necessary, saying the First Amendment alone should offer ample protection for the press. 

“We have to stand by our brethren,” he said, referring to the press as a fraternity regardless of the medium — newspapers, broadcast or what is commonly known as citizen journalism. 

The idea of a national shield law has been around for years and a version of the current measure passed the House but failed in the Senate. 

Karem said proponents are working on new language that lawmakers might find more palatable. 

One of the roadblocks in the past has been failed attempts to define what it means to be journalist.

Who would be protected? 

He said drafters are working to avoid that pitfall by working to define “journalism” rather than “journalist,” effectively providing protections prohibiting prosecution or government intimidation against anyone “caught doing acts of journalism.” 

In an information world, and social media replete with spurious information, Karem said accurate, vetted information gathered and reported by trustworthy journalists is more important than ever before.

“The coin of the realm is not the platform. It is the information,” he said. 

Karem suggested too many large media companies have been fixated on platforms — viz. print, digital or social media — and not focused enough on reliable information.

Reliable information, he said, is the only real way to combat corruption, but journalists need to have confidence they will not suffer retaliation for doing their jobs.  

Karem said he believes at least one U.S. senator and one representative will sponsor the proposed shield law that lawmakers might consider after the November election. 

The Atlanta Press Club is one of the largest professional journalism organizations in the nation and is made up of hundreds of print, broadcast and online journalist. Its stated mission is to “serve the evolving professional, educational and social needs of our media community, foster journalistic excellence and advance the public’s interest in and understanding of a free press.”

APC is headquartered in Atlanta and hosts numerous media events throughout the year.