Back in July, many of you saw an Associated Press story which reported that “[s]everal food writers, including a New York Times reporter, have been subpoenaed by a meat producer as part of its $1.2 billion defamation lawsuit against ABC in regards to the network’s coverage of a beef product dubbed ‘pink slime’ by critics.”
Because of my successful Change.org petition in 2012, some of you asked whether I, too, had received a subpoena from Beef Products Inc. (BPI), the plaintiff in this lawsuit and the maker of lean, finely textured beef (“LFTB,” aka “pink slime.”) I didn’t speak about it publicly at the time but, based on a motion filed by BPI in South Dakota state court, I knew a subpoena was likely on its way. In mid-August, BPI’s process server showed up at my door.
Although I’m not a party to or otherwise involved in BPI’s lawsuit, BPI wants all of my private communications in 2012 with the parties they’ve sued, including employees of ABC News and the two former USDA microbiologists who first expressed concern about the meat filler in private emails, some of which were later made public by the New York Times.
I do have information responsive to this request, but I’m asserting the protection of the First Amendment and Texas’s “shield law” (a statute giving journalists a qualified privilege against disclosure of their material in cases like this) so that my confidential communications, source material and work product remain private.
Here’s why I felt it was important to take this stand.
Whether the issue is GMO labeling, animal welfare practices, or the disclosure of questionable ingredients — from the yellow dye in mac-in-cheese to the LFTB hidden in ground beef — consumers clearly care about food transparency. And precisely because we’re not affiliated with traditional media outlets, food policy bloggers like me have the freedom to focus exclusively on such issues, often devoting considerable time and effort to inform readers about, and advocate for, these causes. But if bloggers and other “citizen journalists” are going to face lawyers and subpoenas whenever they gather information on potentially controversial topics, they may well think twice before they post. And that sort of chilling effect ultimately harms us all.
I’ll keep you informed of any developments with respect to the subpoena. And thanks to my attorney – better known around here as “Mr. TLT” – for taking time out of his own busy work schedule to represent me in this matter.
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Elena says
Fully agree with you! I hope the court is familiar enough with the work of citizen journalists to allow you to use the Shield Law. It would be a terrible backward step for bloggers and citizen journalists if the BPI came out on top.
Bettina Elias Siegel says
Thank you, Elena!
BethG says
As a journalism major, I have been deeply disappointed in mainstream media’s handling of any news topic that involves food, science, GMOs and health. Reports on these matters are by and large corporate propaganda re-packaged as your evening news.
This is why it is critical that intelligent, independent authors, writers and investigative reporters such as yourself are not squelched in anyway.
Freedom of Speech, Freedom of the Presses must reign supreme in America. When corporate America goes after the Bill of Rights it’s time to remind them of just how Un-American that is.
Rock on TLT Lady! Your work is akin to Upton Sinclair and it is very important.
For inspiration to keep moving forward, please check out http://sharylattkisson.com/ and see details on her new book.
Bettina Elias Siegel says
Thank you, BethG for both the support and the link! I’ll check it out.
Allen says
I wish more people would look at movies like “Soylent Green”, in order to remain alert about how our food supply has become so adulterated.
Nancy Huehnergarth says
Bravo to Bettina for fighting the document subpoena! As a fellow activist and citizen blogger (and one of many who was also served a document subpoena by BPI), it’s critical to set a precedent in this case to protect citizen bloggers. Few have the personal resources to hire an attorney and fight. And thank you to “Mr. TLT” for taking on this case.
Lisa (supermom-in-training) says
Support you 100%! When I first started blogging about America and her food supply (about 5 years ago) I had our now 20 year-old son read a post and his response,” Wow, that ‘s exactly how the cigarette companies must of reacted.”
To all of us citizen bloggers, readers and truth seekers – let’s show The Lunch Tray our support and love!
Best health always to you and your family,
Supermom-in-training
Bettina Elias Siegel says
Thank you for this, Lisa! And you sound like you’re already a Supermom. 🙂
Alli says
Right on – “Consumers clearly care about food transparency.”
Thank you for helping parents know what’s in the food supply. You are heroic.
Bettina Elias Siegel says
I don’t know about that, but thanks so much for the support, Alli!
Paul Jones says
I was sent this from a trusted friend on FB. I read the series as I can find. This is what I replied to her.
I got stuck back on the Ghostbusters with the slime thing. I actually find the aka as a slam to the slime. Kinda like Congress calling E-Mail Spam. Where did that get them? The process here is clear enough. The food producers appear to be running scared of something. Monsanto lost their a** in the several suits that followed their un-Constitutional efforts. I applaud the directness of this writer. But one thing to keep in mind is the same issue that followed in the defamation suit against Fox. First you have to prove the people defaming are NOT known liars. In this case the end result {*per Bettina} is “consumers clearly care about food transparency”. That is good from an altruistic(2) view. Make no mistake. The cost of the lawsuit with a loss in court is still a win of minds for it’s presentation. In this case I would suggest lowering the visibility. Out of sight. Out of mind. All paid out of their pockets.
Paul Jones Re-sent– Lower the visibility of the suit. {{ Informing the public of the quality of foods. is a must }}
Bettina Elias Siegel says
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