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Newspaper’s notes and film
returned after protest
■ SEIZURE: The Register
Guard is considering taking
action against the U.S. Forest
Service
The Associated Press
A Eugene newspaper plans to
fight the arrests last week of a re
porter and photographer when
federal authorities evicted pro
testers from a yearlong encamp
ment near Warner Creek.
Notes and film seized from
The Register-Guard were re
turned yesterday but the newspa
per was still considering action
against the U.S. Forest Service.
“I’m concerned because I be
lieve the news media and U.S.
Forest Service law enforcement
people are going to be seeing
more of each other,” said Jim
Godbold, the newspaper’s man
aging editor.
Even though the property will
be returned, the seizure leaves
open questions about possible
constitutional violations, accord
ing to professors at the Universi
ty of Oregon School of Law.
The review of Wright’s notes
“was arguably illegal,” said Gar
rett Epps, associate professor
who specializes in First Amend
ment law.
“The essence of constitutional
law is that the government has to
give you a reason why it is doing
something to you,” Epps said.
“It’s classic over-reaching.”
Eugene lawyer Bruce Smith,
who represents The Register
Guard, said no decision has been
made about filing a federal law
suit.
“We still don’t know what’s
going to happen with respect to
the criminal charges,” Smith
said, referring to the trespassing
charges.
H
The essence of constitutional
law is that the government
has to give you a reason why
it is doing something to you.
[the seizure was] classic
over-reaching.
— Garrett Epps
, associate professor
-99
The case probably will be treat
ed as nothing more serious than a
speeding ticket when reporter
Jeff Wright and photographer An
thony Robert La Penna are ar
raigned Wednesday, said Jim
Hunt, a Lane County prosecutor.
Assistant U.S. Attorney John
Ray said he met with Forest Ser
vice Special Agent Jim Keefer
and Assistant Lane County Dis
trict Attorney Jim Hunt on Mon
day to discuss the notes and film.
Ray said Keefer earlier had re
viewed the reporter’s notes and
concluded they contained no evi
dence about trespass. Ray said
Keefer told him no one had
viewed the seized film, which
Forest Service officials had sent
to a photo processor.
Forest Service officials defend
ed the journalists’ arrests, as well
as several protesters attempting
to block access to the salvage log
ging sale in the area 20 miles
southeast of Oakridge.
“We were trying to work with
media within the boundaries we
had set up to assure public safe
ty,” said Leslie Habetler, a
Willamette National Forest
spokeswoman. “But these people
knew exactly what they were do
ing and that they were breaking
the law.”
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