Filmmaker Joe Berlinger ’83 hoped to open some eyes with his documentary Crude, but the commotion he has sparked may be more than he bargained for.
The critically acclaimed Crude tells the story of Ecuadorians who sued Texaco (owned by Chevron) over operations at an oil field that they say contaminated local water sources. Nearly 600 hours of raw footage were accumulated for the documentary – and now Chevron wants access to it because it believes it will help show misconduct by the plaintiffs.
Berlinger’s attorneys insist that the footage is protected by his privilege as an investigative journalist, and that handing it over would violate confidentiality agreements with his subjects as well as his First Amendment rights.
U.S. District Judge Lewis A. Kaplan, however, ruled in Chevron’s favor earlier this month.
Documentary filmmakers everywhere got word of the case and are furious about what they call a complete disregard for the First Amendment that threatens their form of journalism.
Oscar winners Michael Moore (Bowling for Columbine) and Morgan Spurlock (Super Size Me) have publicly demonstrated their support for Berlinger, and warned against the consequences of the lawsuit.
They said that interview subjects and whistle-blowers might not be willing to come forward and speak freely if they feel there might be repercussions from large companies such as Chevron.
The makers of Crude do see a glimmer of hope as Judge Denny Chin of the United States Court of Appeals for the Second Circuit ordered a hearing June 8 to reconsider the case, and the subpoena has been stayed until then.
The filmmakers are encouraging supporters to help raise legal funds via their Kickstarter page.