- busalover
- Sep 12, 2020
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If I entered the Capitol on Jan 6 as an independent journalist, with no affiliation to a major news outlet, could I be in legal trouble? Let's say I documented the whole day on my Youtube channel.
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Apr 10, 2024 23:28
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May 22, 2024 00:50
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- busalover
- Sep 12, 2020
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Well, that's interesting. With newsrooms getting smaller and the number of freelancers increasing, that means that coverage of an event like this is basically impossible for most journalists. That's bad.
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Apr 11, 2024 12:12
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- busalover
- Sep 12, 2020
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Committing a crime doesn't become not a crime because you call yourself a journalist.
I think the angle that you have intuitively hit on but not understood to ask is the notion of mens rea or intent. In your mind, your question is really whether the intent of why your are there is a defense to prosecution.
The answer is no. Ultimately, the question of intent is whether or not you intended to commit the act that was illegal. Your motivations for doing so are not relevant for criminal liability.
However, that intent might be mitigating factors in sentencing. Likewise, police and prosecutors with limited resources may decide that it's not particularly worth their time to pursue and prosecute somebody from "realnews /youtube.com" who's pretty obviously not participating in the 'festivities.'
Likewise, a judge and or a jury may find it compelling that one was simply there to observe, And may hand down a reduced sentence, or recommend probation from the bench.
Aha, ok thanks. Just to clarify, I'm not looking for an angle to reduce the sentencing of the rioters. I'm genuinely curious about the situation of someone covering the event, and the fact that some coverage might be off limits or associated with legal repercussions.
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Apr 11, 2024 13:25
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