The city of Portland is seeking a reporter's declaration under oath for its defense in a civil rights lawsuit, a move generally viewed by the press as a strongarm tactic given laws that protect journalists from testifying about their work.

If freelance reporter Mike Bivins refuses to sign the declaration, he may face a subpoena to testify in court, he said in an interview Monday.

Bivins said he was told of a possible subpoena during a phone call with the lead city attorney in the case, Naomi Sheffield. "She said, 'I don't want this to come off as threatening but we might seek a subpoena if you don't want to sign the declaration,'" Bivins said.

The city is interested in five tweets Bivins posted during a June 4, 2017 protest in downtown Portland. The tweets include Bivins' account of what may be illegal or rowdy activity by protesters.

Bivins published articles for Willamette Week and Al Jazeera about the protest, during which police allegedly corralled hundreds of protesters and demanded their IDs. The tactic, called "kettling," led the American Civil Liberities Union to file a class action suit in federal court against Mayor Ted Wheeler and more than 50 police officers.

Bivins provided The Oregonian/OregonLive messages from Sheffield seeking his under-oath statement.

"I have reviewed your Twitter feed, including the photographs, comments, and video that you have posted relating to that event," Sheffield wrote on July 20. "We would appreciate it if you would be willing to sign a declaration stating under oath, that certain video, photographs and comments are an accurate depiction or description of the events as you perceived them on June 4, 2017."

Duane Bosworth, a Portland attorney who has defended journalists against government subpoena requests, said in his view Oregon's media "shield law" would likely protect Bivins from being forced to testify. Shield laws protect reporters' privilege to not testify about information they gather or their sources. The Oregon shield law is perhaps the strongest in the nation, said Bosworth, who occasionally represents The Oregonian/OregonLive.

Bivins said he does not intend to sign a declaration in order to "not appear like I'm on one side or another." He said the ACLU approached him about joining their lawsuit against the city, but he declined.

If a judge were to issue a subpoena, Bivins said he would consult with an attorney before deciding whether to testify or not. People under subpoena who refuse to testify can be jailed for contempt of court.

"That'd be crazy if they did" issue a subpoena, Bivins said.

Bosworth said governments can chill reporters' ability to gather news and make sources by issuing subpoena threats.

"If a person is speaking to a reporter and knows that information could be provided to the cops that would dry up those conversations," Bosworth said. He said what "no reporter wants" is to appear to take sides, or worse, be compelled to do so by the government.

-- Gordon R. Friedman

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