RCFP: Reporter's recording confiscated at veterans event

NEWS MEDIA UPDATE Washington, D.C. · April 9, 2009 · Newsgathering

Reporter's recording confiscated at veterans event

Keywords: Governmental interference with news

A Washington D.C.-based radio reporter says his audio storage device was inappropriately confiscated Tuesday by Veterans Affairs officials after he interviewed a patient at a VA Medical Center forum.

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VA officials claim they intervened after the reporter "took advantage" of the patient, who was undergoing medical treatment.

David Schultz, a reporter for WAMU 88.5, the local NPR affiliate, told the Reporters Committee he was covering a town hall forum on minority veterans' issues at the D.C. hospital after learning of the event through a press release. Soon after he entered the event, Schultz claimed, a VA public affairs official said he would need a release waiver from his interview subjects if he wanted to interview any forum attendees.

Katie Roberts, a spokeswoman for the Department of Veterans Affairs, said Schultz refused to listen to the VA officials' request for a signed waiver. By conducting an interview without a consent form, she said, the reporter violated the medical patient's privacy.

After hearing a certain patient speak at the event, Schultz said he approached him for an interview. Their talk was interrupted by a VA employee, who asked Schultz to hand over the sound card containing the interview. The journalist says he told the employee that the patient had a right to speak with the media, but the official summoned uniformed officers to step in. Neither Schultz nor the VA could say for sure what agency or department the officers represented.

Schultz said he called his editor, who advised him to turn over the sound card and take the rest of his recording equipment. But the VA employees demanded the reporter turn over all of his equipment, including a microphone, headphones and digital recorder, he said. In the end, Schultz said, after negotiating with the officials, he handed over the sound card "under the impression [he] was going to get the card back that night."

At one point, an officer approached Schultz and told him he would not be prosecuted if he left the hospital grounds and was in fact free to go. Schultz said he was waiting at that point to see if he would get the sound card back.

Since the veteran Schultz had interviewed gave him his telephone number, Schultz said, he was able to finish up the talk with the patient the following day; Schultz's story aired on WAMU on Wednesday.

Roberts, spokeswoman for the VA, said the reporter "took advantage of the patient" in approaching him for an interview, causing "total disorientation." In addition, she said, Schultz did not identify himself as a reporter.

Schultz maintains that he told the interviewee and VA officials he was a reporter.

Schultz's tape will be returned if the patient signs the consent form, Roberts said. The VA is willing to accommodate media requests, she said, "but [WAMU journalists] just refuse to talk with us about the consent form process."

WAMU's Jim Asendio, Schultz's editor, said WAMU lawyers are working on a letter demanding the return of the audio card. Asendio said he does not believe patient confidentiality was an issue at the time of the incident, since the event was public and the reporter identified himself.

A federal law, the Privacy Protection Act of 1980, makes it illegal for a government officer or employee to search for or seize a journalist's "work product materials."

Meanwhile, Schultz said he simply wants his storage device returned, since it contains additional news material.

"This is unlike any experience I've ever had," the reporter said. "What made me really mad is that I know I did the right thing."

— Ahnalese Rushmann, 5:36 pm

Comments: (29)

Comment by Some Guy, Thu, Apr 9, 11:59pm

Schultz and Kennedy both have cause to file criminal and civil complaints against the VA and every person involved in this interference with their first amendment rights.

Comment by Liberty Lover, Fri, Apr 10, 7:18am

This reminds me of the scene in 'Zhivago' wherein the Czar instructed his men to destroy the printing presses that were producing communiques adverse to him. His advisor responded, 'Yes, Sire, we can destroy the presses, but not men's ideas.'

Comment by onegandolf1, Fri, Apr 10, 11:09am

And if he had refused, would they have beaten him with a hose?

Comment by Pat Riot, Fri, Apr 10, 11:24am

No, I think the penalty for refusing to comply is waterboarding; or at least it was when Bush was in charge

Comment by James Wilson, Fri, Apr 10, 11:36am

The Bush people are still running the V.A. it seems.

Comment by mlaiuppa, Fri, Apr 10, 11:52am

Oh, he eventually get it back. But it will be wiped clean.

Comment by August, Fri, Apr 10, 11:54am

Those poor veterans and the HORRIFYING living conditions and FORCED 12-Step Religion they have to convert to.

Comment by jackfish, Fri, Apr 10, 12:05pm

The reporter should be brought up on charges.. He is slime..HE DID NOT SIGN THE WAIVER THAT ENSURED THE PATIENTS PRIVACY...He needs to go back to covering Lindsay Lohan

Comment by ET, Fri, Apr 10, 12:05pm

Have you ever signed a privacy statement for medical treatment? It is required to be handed to each and every patient. This reporter was out of line by not getting a waver from the patient. The VA was right in not letting the reporter talk to the patient without a release, or the VA could be sued from not protecting that patients' rights.

Comment by TekBoss, Fri, Apr 10, 12:12pm

This is clearly a case of people "in charge" of stuff they have no idea how to manage. The Bush "legacy" of incompetence lives on.

Comment by Get all the facts first, Fri, Apr 10, 12:19pm

The Privacy Act makes it illegal to record a patient's voice or image without their signed consent. The VA staff person was acting on behalf of the veteran. What was the difficult part about getting the form (which VA provides) and then asking the veteran to give his consent by signing? Takes 5 seconds. And August...what horrifying conditions? And what 12-Step Religion? If you really want to see what its like for our nation's Heroes, sign up as a volunteer to assist an underfunded agency in its mission to provide care to veterans. Its very easy to yap it up from inside the house; be a big dog and come down to the playing field and actually do some good.

Comment by Rocky Leeper, Fri, Apr 10, 12:21pm

Who is surprised? Just this Tuesday, I went to a doctors appointment in El Paso and the private security guard working the parking lot PULLED HER GUN ON ME! Apparently, asking for my ID back must have made her feel threatened. I filed a police report, but now I have to enroll in another VA facility 3 hours away because I am afraid of getting shot in El Paso.

Comment by Legal Steve, Fri, Apr 10, 12:35pm

The Privacy Act of 1980 itself does not require that reporters get a signed consent:
uscode.house.gov/download/pls/42C21A.txt
It protects reporters.

HIPAA only covers statements made for the purposes of medical treatment, there's no allegation here that the reporter pretended to be a medical care provider.

Individuals in the U.S.A. are still free to discuss their medical issues or treatment without signing a form if they wish to, even to reporters.

Comment by Christopher Flynn, Fri, Apr 10, 12:39pm

Sorry Rocky,
and you should be afraid of being shot in El Paso...TX is famous for gun nuts and rednecks...

Comment by jdogg92056, Fri, Apr 10, 12:52pm

There's no "consent form process". Just what part of the First Amendment do the asshats at the VA not understand?

Comment by dee, Fri, Apr 10, 1:01pm

The reasons the VA give for their actions are total crap... violating the patients privacy???? what a joke... it was a public forum and according to the article the guy he interviewed had just spoke... welome to America, land of men (and women), not of laws...

I hope they sue

Comment by Ric, Fri, Apr 10, 1:29pm

If a patient wants to talk to any person, he has a right to do so. I patient privacy rule applies to the VA and its personnel from releasing patient information to the public without the patient's consent. It does not apply to the patient voluntarily talking to any person.

Comment by Greywolf Borealis, Fri, Apr 10, 1:32pm

So much for freedon of speech and the press.
Consent forms are required for medical treatment, not for talking to a reporter.
The president now has one more thing to clarify. It appears the VA still has some worms in that can.

Comment by gh, Fri, Apr 10, 1:44pm

Nothing's changed at the VA. See Salon's latest on intentionally misdiagnosing ptsd, still, long after the texas email last year. Re: privacy? It was in a public forum. there are no privacy rights if you're doing something in public.

Comment by ..., Fri, Apr 10, 1:56pm

shameful

Comment by Michael Tierney, Fri, Apr 10, 3:32pm

When I first read this article - As a Veteran receiving care in Minneapolis, I wouldn't want reporters coming up to me uninvited asking me questions without my permission. But I did further digging. The patient in question is receiving questionable treatment and may be denied some disability payments. I think the VA needs to own up to what is happening here.

Comment by Warren, Fri, Apr 10, 3:37pm

This is what happens when the government believes it is above any law. There are many little dictators-in-waiting, like the VA official, who can't wait to throw their weight around their tiny little worlds.

Comment by 'nam vet, Fri, Apr 10, 3:41pm

The VA did the right thing. I know, I get my care from a VA hospital and patients rights are a big issue at the VA. If I want to go out and tell you about what happened at a VA facility and include a patient's name other than my own, I'd be breaking the law. Sign the form, and follwo the law.

Comment by Grant, Fri, Apr 10, 3:53pm

So when I go into a hosptial I lose the right to speak to the press when and how I want? Give me a break.

Comment by Elisha, Fri, Apr 10, 10:46pm

The station received a Press Release to cover the event. To us media folks, Press Releases are open invitations. DO NOT SEND PRESS RELEASES IF WE CANNOT COME TO YOUR EVENT AND DO OUR JOB WITHOUT INTERRUPTION.

Comment by The Pundit, Sat, Apr 11, 3:15am

It looks like the VA got some stooges to write in and take its side.

Comment by Veteran, Sat, Apr 11, 7:04am

The quality of care at the V.A.in the last 8 years has gone from respectful regard to inept indifference.
What happened?
NO ONE better get in the way of my expressing myself.I spent 4 years of my life defending that right for every fellow citizen.And now some hag and mickey mouse cops are going to step on that?....punks.!!.
Try ME...! I'll still die for my country and its' freedoms.!
68 year old vet here...

Comment by RoadRunner, Sat, Apr 11, 4:48pm

For more on the Dept. of Veterans Affairs and First Amendment rights, Google: Laura Berg Sedition

Comment by Help Thailand Please., Sun, Apr 12, 3:16pm

Abhisit's murderer government killed our people.

Help Thailand Please. Abhisit Vejjajiva's murderer government killed our people (2 people were killed and 1 people most injured). His government controlled and censored all news in Thailand. Last time, His murderer government and the Gen.Anupong's dictatorship army
tried to close D-station TV (Democracy Station TV) and tried to suppress and putting down Red Shirt People who asking for democracy. Untill now, I don't know how many people were killed and injured. So Please help Thai people URGENTLY.

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