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Chevron’s new tactic called a threat to First Amendment

Chevron’s new tactic called a threat to First Amendment

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An Amazonian community’s fifteen-year battle with Chevron is entering dangerous waters with the Chevron request for all of the 600 hours of unused footage from the filming of “Crude: The Real Price of Oil”.

The movie documented the environmental disaster left behind by Chevron-Texaco in an indigenous community of Ecuador, and the battle by Ecuadorian attorney Pablo Fajardo and others to force the company to clean up its mess and make reparations to the community. Readers may remember my post when the film came out,Crude: The Movie Chevron Doesn’t Want You to See.”

Now Chevron is appealing a court order to pay the community millions of dollars in reparations, and it wants to see whether director Joe Berlinger’s raw footage contains any material that could bolster its defense. Now the company has asked a federal judge in New York to force Berlinger to hand over his footage.

“Documentary filmmakers play an essential role in exposing social injustice,” said Berlinger in a press release I received yesterday alerting me to the case. “As with traditional journalists, their sources must be protected or we risk the demise of this kind of comprehensive investigative reporting.”

As a journalist, this request sent a chill up my spine. One of the things we count on as reporters is the ability to protect our sources from danger or harassment that may come to them as a result of sharing information with us. Without the ability to promise confidentiality, there’s a “chilling effect” that occurs, and sources are less willing to share information.

“Unused film footage and other editorial materials from Crude are protected by the journalist’s
privilege under federal law and the First Amendment,” said Maura Wogan of Frankfurt Kurnit, the
lawyers for Mr. Berlinger and his production company. “We will vigorously oppose Chevron’s
attempt to get to these materials.”

Let’s hope they are successful. Meanwhile, I’m going to take full advantage of the opportunity to plug “Crude, The Movie,” which is now available on DVD from First Run Features and Netflix. If you haven’t seen it yet, put it on your must-see list. You won’t regret it.

Crude, The Movie Chevron doesn’t want you to see

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Like most of his friends and neighbors in the Amazon village where he was born, Pablo Fajardo went to work for Texaco at an early age. But unlike most of his coworkers, he was unwilling to disregard the flagrant abuses of the land and people that he witnessed every day on the job.

He made up his mind to become a lawyer, and now he’s the lead attorney representing 30,000 Amazonian citizens in a class-action suit that is now entering its 15th year. It’s that battle that’s at the heart of Joe Berlinger’s stunning new documentary, “Crude.”

I’d already read the infuriating story of Chevron-Texaco’s contamination of millions of acres of Amazon rainforest, and one man’s battle to bring them to justice, in Vanity Fair’s May 2007 Green Edition. But Berlinger’s film brings this story to life in a way that written words cannot. CNN’s Christiane Amanpour calls the movie “an extraordinary merging of journalism and art.” I couldn’t have said it better myself.

The movie opened last night in Houston, the home base of Texaco, now Chevron, and I joined a the Emerging Green Builders group in watching the Houston premeire. Scenes of the movie were filmed at the Chevron building just 10 blocks from where we sat, as Fajardo and an indigenous family braced themselves to go inside and present their case.

“You have been in our territory for 28 years; now I ask just three minutes of your time,” the tribesman said to his adversaries.

Now I ask three minutes of your time to watch the trailer…. and then I think you’ll agree that this movie belongs on your must-see list.