“I think she put together a piece to influence the world on her agenda, basically. That’s fine, but it doesn’t immunize her from the laws of the state.”

“She’s a protester, basically. Everything she reported on was from the position of justifying the protest actions,” said Erickson, adding that her coverage of the Sept. 3 protest did not mention that people trespassed during the incident or the alleged assaults on guards. “Is everybody that’s putting out a YouTube video from down there a journalist down there, too?” he asked.

Well, yes. The fact that Goodman may have been covering the protests from a point of view that’s friendly to the protesters doesn’t mean she’s culpable for the actions of those protesters who may have broken the law. There’s no “advocacy exception” to the First Amendment’s free-press protections. In fact, at the time the First Amendment was written and passed, there was no ideal of an “objective” press. All press was advocacy press.

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These arrests and charges are an affront to both the free press and the right to protest. They’re also ample evidence that Erickson isn’t fit to be a prosecutor. He clearly doesn’t understand the First Amendment. Or — even worse — he understands it just fine. He just chooses to ignore it.

Whether Erickson keeps his job will be up to the voters of McLean County, N.D. But it’s important that he be sanctioned. Here’s why: It seems doubtful that Erickson ever thought these charges would stick. (If he did, all the worse.) This was a clear attempt to intimidate Goodman. It was also a warning to any other reporter, writer or journalist who may consider covering any future protests. Goodman had the benefit of a national platform, good attorneys, and a strong and vocal network of supporters. The next reporter may be a freelance journalist or blogger, or work for some small advocacy publication. The Constitution protects them, too.