Off the Record, On the Stand

About this episode

Micah Loewinger grapples with the implications of testifying in court about militia groups involved in the January 6 attack, reflecting on the historical case of Branzburg v. Hayes.

Recently, On the Media’s Micah Loewinger was called to testify in court. He had reported on militia groups who’d helped lead the January 6 attack on the Capitol. Now the government was using his work as evidence in a case against them. Micah wanted nothing to do with it — he worried that participating in the trial would signal to sources that he couldn’t be trusted, which would compromise his work. As he considered his options, he uncovered a 1972 case called Branzburg v. Hayes. It involved New York Times reporter Earl Caldwell, who was approached multiple times by the FBI to testify against sources in the Black Panther Party. His case — and its decision — transformed the relationship between journalists and the government. Voices in the episode include: • Micah Loewinger — correspondent for WNYC Studios' On the Media • Earl Caldwell — former New York Times reporter • Lee Levine — attorney and media law expert • Congressman Jamie Raskin — representing Maryland’s 8th District Learn more: • 1972: Branzburg v. Hayes • Listen to On the Media's "Seditious Conspiracy" episode. Subscribe to On the Media here. Shadow dockets, term limits, amicus briefs — what puzzles you about the…

People in this episode

Guests: Micah Loewinger, Earl Caldwell, Lee Levine, Congressman Jamie Raskin

Topics covered

• journalism
• court testimony
• militia groups
• January 6 attack
• Branzburg v. Hayes

Keywords

• Supreme Court
• media law
• journalistic integrity

Mentioned in this episode

Products: On the Media

Books & works: Seditious Conspiracy

Places: Maryland, 8th District

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