Journalist Sentenced to 14 Days in Jail After Being Attacked at Proud Boy Rally

Statement from the Civil Liberties Defense Center (CLDC) on the sentencing of independent journalist, Alissa Azar.

For the first time in Oregon history, a Clackamas County Circuit Court Judge sentenced an independent journalist to 14 days in jail after she was convicted of Riot for reporting on a Proud Boy recruitment event that turned violent on June 18th, 2021. The jury trial concluded with a legally inconsistent jury verdict as a result of numerous errors of law by the State. The case will be appealed.

In a truly dystopian effort, deputy District Attorney Joshua Cutino asked the Court to sentence Ms. Azar, who has no prior convictions, up to 90 days in jail — more than the maximum allowed under the Oregon Sentencing Guidelines — and asked that Ms. Azar’s phone and computer be monitored by the State while on probation — conditions that would clearly violate the Freedom of the Press and First Amendment. Similar sentences for Riot in Oregon normally result in community service or deferred prosecutions (diversion agreements). Oregon prosecutors generally dismiss charges against journalists arrested by police on the scene, recognizing that sometimes reporters are swept up in arrests while doing their job, but are not intending to participate in breaking the law.

In the closing arguments at trial, deputy DA Cutino claimed that rather than truthfully reporting on the growing rise of fascist political violence and hate, journalists like Alissa Azar must ignore their professional duties as reporters and instead just “drive on by” undemocratic hate-filled public gatherings of Proud Boys — gatherings where, like the one resulting in Azar’s arrest, violent assaults are openly being committed against people who disagree with their troubling views. The prosecutor’s suggestion is especially galling considering that Ms. Azar focuses her reporting on activities of extreme right-wing hate groups. In addition to this outrageous claim, the State of Oregon falsely attempted to create moral and legal equivalency between fascist and anti-fascist groups, claiming they are equally violent and culpable, when studies of the last decade show this to be patently false (Seth G. Jones, 2020). Though the jury found Ms. Azar guilty of Riot and Disorderly Conduct, it was deadlocked on the charge of Unlawful Use of Mace—the actual “violent and tumultuous conduct” required to establish Riot and/or Disorderly conduct. Ms. Azar, after being sprayed with mace, was forced to spray mace in self-defense. This occurred while she was attempting to recover her property that had been stolen by Proud Boys and their affiliates. At sentencing, the Court merged the Disorderly and Riot convictions into a single Riot conviction, as required by law.

In a packed courtroom full of Ms. Azar’s supporters and fellow journalists, Judge Van Rhysellberghe sentenced Ms. Azar to 14 days in jail and 36 months of probation. She was stoic and poised while being immediately led from the courtroom in handcuffs. Before pronouncing the sentence, the judge stated there were several mitigating factors to be considered in Ms. Azar’s sentencing, including the fact that Ms. Azar was seriously injured that day by Proud Boy and convicted violent felon, Gordon Cronk, Jr.; that she had no prior convictions; and that she was involved in extensive community service work. He believed, however, that aggravating factors included her refusal to admit that she was a participant in the riot, and that he believed she had not shown an appropriate amount of empathy for the Clackamette Park Host and others who witnessed the Proud Boy initiated violence. This, despite the fact that the park host testified at trial that Proud Boys were vicious thugs, while the “Antifa” folks looked like “goth kids” in comparison. The park host testified that Proud Boy Daniel Tooze, who is also the Vice Chair of the Clackamas County Republican Party, told her in advance of the event that Proud Boys were amassing to engage in brutal violence against any counter-protestors that showed up that day. Tooze kept his word, as this is exactly what unfolded. The park host ended up being a witness in support of Alissa Azar and her version of events despite being called as a state’s witness.

“This sentence is an unprecedented and chilling punishment for a journalist covering a far-right rally and counter demonstration – even if that demonstration is deemed a riot by responding officers. Ms. Azar intends to appeal her case to the Oregon Court of Appeals.” Said Lauren Regan of Civil Liberties Defense Center, Ms. Azar’s attorney.

During trial, attorney Regan pointed out that in previous eras when fascist thought and violence were clearly on the rise, as they are today, “driving on by” fascist and extreme right violence led to some of the darkest days of genocide and oppression in history. Ms. Regan went on to explain the emboldening effect that turning the other cheek can and will have on fascist and neo-Nazi violent rhetoric and action, particularly in less urban areas. Expert witness Shane Burley, a journalist and author with extensive experience researching and reporting on far-right extremists like the Proud Boys, testified that most journalists wear ballistic gear, and larger media outlets have security personnel accompany journalists when they cover Proud Boy events, because Proud Boys repeatedly target and assault journalists they view as adverse to their cause. Ms. Azar has herself been violently attacked several times by Proud Boys, who also target women, people of color, and people they view as “antifascists.”

Following Ms. Azar’s conviction, she stated, “Justice was not delivered in the Clackamas County courthouse today. This verdict sets a dangerous precedent not just for journalists, but for anyone who wishes to stand up and witness or report on hateful and fascist rhetoric.”

Photo by Wesley Tingey on Unsplash