United States v. Matthews

I read the class handout and researched the case of the United States v. Matthews for this assignment. I believe that the conviction was unfair. I think the judge was wrong not to allow a First Amendment argument.

I read the Amici Curiae brief from several professional journalism organizations supporting a reversal of the case. I found their arguments very interesting. They argue that newsgathering is constitutionally protected by law. This makes sense because journalists have to get information from all kinds of people. Just because the source is a criminal doesn’t necessarily mean that the information isn’t true. Part of a journalist’s job is to take information and see if they can verify the information. This is critical and the ethical way to do the job. I find it hard to believe that just collecting information is a crime.

The brief also says that the defense should’ve been allowed to be presented at trial. This is, I believe, their strongest argument. Anyone charged with a crime deserves the best defense. If that was what he was saying happened, then he should have been able to tell that story. Furthermore, he had the right to prove that his actions weren’t criminal. By hamstringing the defense, it was impossible for Matthews to get a fair trial.

The brief makes it clear that they believe the charges to be “overly broad.” They also say that a technical violation of laws should not prevent a journalist from seek information for a “compelling public interest.”

It’s kind of hard to say whether Matthews was really trafficking in child pornography. He has no notes, interviews or drafts to back up his story. I don’t Matthews, therefore it’s hard for me to say whether he was the type of person who would look at such disgusting things. However, by denying him his right to a fair trial, his verdict should be set aside.

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