How a pioneering Black journalist's refusal to testify against the Black Panthers changed First Amendment rights
hired a law firm to defend the news organization but he soon grew concerned about the firm’s position on his case, as he came to understand that they were considering handing some of his information over to the FBI. Caldwell says there was no way he was going to be a spy for the federal government. “It goes against everything you stand for in journalism,” he adds.
The Black Panthers put on a Black Community Survival Conference at the Civic Auditorium in Oakland, Calif. on March 29, 1972. Participants could take sickle cell anemia tests, register to vote, and receive bags of groceries.So when Caldwell received the FBI’s subpoena, he consulted with other Black journalists and eventually sought counsel from the NAACP Legal Defense Fund who put him in touch with constitutional lawyer Anthony Amsterdam.
Caldwell on Feb. 5, 1973 is shown testifying before a House Judiciary subcommittee that constitutional guarantees of a free press were gravely damaged by a Supreme Court ruling and that reporters may be required to reveal certain information gained in confidence.
“The case had a fairly large impact on the journalism field because it meant that journalists do not have special protection,” explains Robert Richards, a media law professor at Penn State. “They weren’t looked at as having more privilege than the average citizen when it came to grand jury testimony.”
The decision meant there was a possibility that Caldwell could go to jail, but the federal government never pursued him again. He continued to work at the
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