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  Journalists Josh Fox Arrested At Congressional Hearing

Josh Fox

On Feb. 12, the charge of “unlawful entry” brought against me was dismissed without condition. The U.S. Attorney dropped the case, finding it baseless and without merit. Although this is a personal victory and I am very grateful and relieved at the U.S. Attorney’s decision, it serves as a painful reminder that we do not have rights unless we exercise them.

On Feb. 1, I was arrested, briefly jailed, and charged with “unlawful entry” for attempting to film a public

hearing in the Science, Space and Technology committee. I did not enter unlawfully, I lined up outside just as everyone else did and walked in when the room opened. I set up my tripod and camera where cameras normally are set up in that particular hearing room and I was calm and peaceful. I did not disrupt the hearing nor did I intend to do so. I believed I was within my first amendment rights, as a journalist and filmmaker. I was reporting on a case that is intensely personal to me, that I have been following for 3 years.

The House had convened a hearing in the House Energy and Environment subcommittee to challenge EPAs findings that hydraulic fracturing fluids had contaminated groundwater in the town of Pavillion, Wyoming. I have a long history with the town of Pavillion and its residents who have maintained since 2008 that fracking has contaminated their water supply. I featured the stories of residents John Fenton, Louis Meeks and Jeff Locker in GASLAND and I have continued to document the catastrophic water contamination in Pavillion for the upcoming sequel GASLAND 2. It was clear that Republican leadership, including Chairman Andy Harris of Maryland, who ordered my arrest, was using this hearing to attack the three year Region 8 EPA investigation involving hundreds of samples and extensive water testing which ruled that Pavillion’s groundwater was a health hazard, contaminated by benzene at 50x the safe level and numerous other contaminants associated with gas drilling. Most importantly, EPA stated in this case that fracking was the likely cause.

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