Berlinger’s attorney Maura Wogan says that “while we await the appeals court’s formal legal opinion on the journalist’s privilege, this interim order does substantially limit Judge Kaplan’s decision and place restrictions on Chevron,” interpreting this verdict as a “win for Joe Berlinger, journalists, and documentarians everywhere,” as the lower court order would have required Berlinger to produce more than 600 hours of raw film footage, whereas under the appeals court order, Berlinger will produce only unused footage that falls into specific categories.

Berlinger articulates a similar sense of victory, stating:

“Since the court issued its order without yet a corresponding opinion, I must reserve my full analysis of the results until the three-judge panel’s opinion is rendered.  However, I can say that we are extremely pleased with today’s results.  The appeals court has substantially limited Judge Kaplan’s overbroad order, which was the main thrust of our appeal.  Furthermore, the court has expressly prohibited Chevron from using any footage we do turn over in their public relations campaigns, a goal that was extremely important to me.

I am gratified that by adhering to the basic standards of the journalist’s privilege articulated in the previous precedent setting case Gonzalez vs. NBC, the appeals court for the Second Circuit has affirmed that documentary filmmakers are no different than any other journalists deserving First Amendment protection.

I am deeply grateful for the tremendous outpouring of support that the artistic, filmmaking, legal, media and journalist communities have shown towards this case in the past three months.  It was precisely this support that gave me and my legal team at Frankfurt, Kurnit, Klein & Selz the strength to stand up for these very important foundations of American democracy.”

We thank you once more for your persistence interest, passion, and support throughout this monumental fight.

-Joe Berlinger & Team CRUDE

Appeals Court Rules Filmmaker Must Give Some Footage to Chevron

By Dave Itzkoff for The New York Times

July 15, 2010

CRUDE Director Must Hand Over Some Outtakes to Chevron, Appeals Court Rules

By John Horn for The Los Angeles Times

July 15, 2010

Filmmaker Must Turn Over Chevron-Ecuador Footage

By Chad Bray for The Wall Street Journal

July 15, 2010

Court Rules Chevron Must Get Some Film Outtakes

Reuters

July 15, 2010

New York Court Limits What Filmmaker Must Give Chevron

By Larry Neumeister for The Associated Press

July 15, 2010

CRUDE Director to Hand Over Limited Footage

By  Ted Johnson for Variety

July 15, 2010

“Limited Victory” for Berlinger in CRUDE Case

By Brent Lang for The Wrap

July 15, 2010

Tentative Ruling Requires CRUDE Filmmaker to Turn Over Footage

By Matthew Belloni for The Hollywood Reporter

July 15, 2010

-Team CRUDE

U.S. Court Hears Filmmaker’s Appeal Against Chevron

AFP

July 14, 2010

CRUDE Director Joe Berlinger on His Epic Battle with Chevron

By Eriq Gardner for The Hollywood Reporter

July 14, 2010

Chevron and CRUDE’s Joe Berlinger Locked in a Legal Battle

By John Horn for The Los Angeles Times

July 14, 2010

Berlinger Anticipates “Limited Victory” in Case Against Chevron

By Eugene Hernandez for IndieWIRE

July 14, 2010

The Media vs. Chevron: Bring it On

By Alex Konrad for Fortune

July 14, 2010

Appeals Court Hears Arguments in Chevron Documentary Case

By Colin Moynihan for The New York Times

July 14, 2010

Appeals Court Hears Arguments Over Outtakes

By Colin Moynihan, Complied by Dave Itzkoff for The New York Times

July 14, 2010

Chevron Tries to Restrict 1st Amendment in Latest Twist in CRUDE

By Trudie Styler for The Huffington Post

July 14, 2010

Cinema For Peace International Herald Tribune Ad

In addition to CFPF’s support in the Tribune, The Executive Committee of the Documentary Branch of the Academy of Motion Pitcure Arts and Sciences has also issued a committee letter in support of Berlinger’s efforts to resist the Chevron subpoena. Click below to view the letter.

Executive Committee of the Documentary Branch of the Academy of Motion Picture Arts and Sciences Letter

Ultimately, we cannot predict whether this truly wonderful continued support from our esteemed peers, colleagues, and compatriots all over the world (including the hundreds of you who helped us reach over $30,000 in donations for our CRUDE First Amendment Fund!) will have a direct impact on the second circuit court’s decision, but we firmly believe that with all this meaningful momentum, at the very least, our voices are being heard–both in the courtroom and around the world. Regardless of tomorrow’s outcome, we take great pride in this alliance.

Please stay tuned in the coming days for a verdict, and thank you all again for your support.

-Team CRUDE

As many of you may know and undoubtedly played a part, Team CRUDE experienced a truly incredible wave of support in the last few days.  First, our special CRUDE legal defense benefit screening was a huge success, playing to a sold-out crowd and featuring a lively panel that included CRUDE’s director Joe Berlinger, his lead attorney Maura Wogan, documentary filmmaker Morgan Spurlock, WGAe President Michael Winship, and moderated by the one and only Thom Powers.  We want to formally extend our sincerest THANKS to everybody who came out last Tuesday.  We know that due to limited seating, not all who showed up at IFC were able to attend, and we hope you will continue to check back on our site for more information on possible upcoming CRUDE events throughout the summer.

In addition to the sold-out benefit screening, as recently reporter in Variety, The Wall Street Journal, and IndieWIRE among other outlets, Berlinger’s fight to defend his footage received the brilliant support of many filmmaking peers in the IDA’s amici curiae brief penned by Michael Donaldson of Donaldson and Callif on behalf of the IDA, DGA, WGA, PGA, IFP, Latino Public Broadcasting, documentary filmmakers Alex Gibney and Tia Lessin, and more.

That brief may be viewed in full HERE and has been filed in addition to leading constitutional and first amendment expert Floyd Abrams’ brief that now has the support of virtually every major media outlet including: ABC, Inc., The Associated Press, CBS Broadcasting, Inc., The Daily News, LP, Dow Jones & Company, Inc., Gannett Company, Inc., Hearst Corporation, HBO, Inc., The National Press Photographers Association, NBC Universal, Inc., The New York Times Company, PEN American Center, The Reporters Committee for Freedom of the Press, The Society of Environmental Journalists, and The Washington Post.

To see full Abrams brief, please click here: Abrams Brief

We are once again deeply moved and grateful for the continued outpouring of support from our most esteemed peers and take great pride in trusting that it will continue regardless of the outcome of this case.

Our formal appellate hearing is scheduled for July 14th in New York City. We will continue to keep you updated on this case as it develops.

We ask once more that over the next two days, you help us REACH OUR NEW GOAL of $30k raised for our FIRST AMENDMENT FUND, and we hope you will continue to support us as we march toward our July 14th court date.

Thank you.

-Team CRUDE

*For more information on the event, click here

*To purchase tickets to the event, click here

*To find the event on Facebook, click here

Today in New York City, a three-judge panel of the US Court of Appeals for the Second Circuit ruled that Berlinger will be awarded a full hearing in July on his appeal, and as a result, the district court’s May 20^th order directing Berlinger to produce the footage will be suspended during the pendency of the appeal.

Berlinger’s lead attorney, Maura Wogan of Frankfurt Kurnit, says today’s decision “signals that the appeals court takes seriously the rights of investigative journalists like Joe Berlinger,” and  Berlinger is “delighted that the appellate court seems to understand the significant public interest in our appeal being heard.”

Over the last several weeks, we’ve continued to be awed and inspired by how this case has made headlines across the country.  We’ve received incredible support from the film and journalism communities, including open letters from the IDA, DGA, WGA, and a friend-of-the-court brief from leading First Amendment lawyer Floyd Abrams on behalf of 13 major media companies followed.  As eloquently articulated by many esteemed members of the press and independent film legends—from the editors of The Los Angeles Times to Michael Moore, Bill Moyers, Robert Redford and most recently,  Norman Lear—a ruling in favor of Chevron would be a grave violation of Berlinger’s First Amendment rights and will undoubtedly have a chilling effect on documentary filmmakers and journalists worldwide.  The stay that was granted today will allow us to argue the merits of our position before the Court, and for that we are grateful.

We cannot thank all of you enough for your amazing support throughout this process. We are continuing to accept donations for our  defense fund through the end of June, as our legal bills continue to mount through the duration of this appeal. We are truly and deeply moved by the support we have received so far and can only hope you will help us continue to spread the word to family and friends.

Stay Tuned…

-Team CRUDE

Recent Press on the case:

http://www.guardian.co.uk/film/2010/jun/09/chevron-crude-joe-berlinger-oil

http://artsbeat.blogs.nytimes.com/2010/06/08/filmmaker-wins-stay-in-case-against-chevron/?scp=1&sq=berlinger%20crude&st=cse

http://www.thewrap.com/article/new-york-court-grants-stay-crude-director-18143

http://online.wsj.com/article/BT-CO-20100608-709752.html?mod=WSJ_World_MIDDLEHeadlinesAmericas

http://www.kcrw.com/etc/programs/pc/pc100608joe_berlingers_crude

http://www.huffingtonpost.com/norman-lear/was-oil-named-crude-becau_b_604741.html

http://www.utne.com/Wild-Green/Chevron-Goes-After-Documentary-Filmmaker.aspx

http://www.npr.org/templates/story/story.php?storyId=127410188

http://www.huffingtonpost.com/robert-redford/joe-berlinger-vs-chevron_b_600433.html

http://www.variety.com/article/VR1118020196.html?categoryId=3074&cs=1

http://artsbeat.blogs.nytimes.com/2010/06/02/media-companies-file-brief-on-behalf-of-filmmaker-in-chevron-case/

http://www.latimes.com/news/opinion/editorials/la-ed-chevron-20100521,0,3553969.story

http://www.sf360.org/features/judge-s-crude-behavior-infuriates-documentary-makers

Complete Amicus Brief:

http://www.fkks.com/docs/RainforestCase/Amicus_Brief_FloydAbrams.pdf

It’s only been a few hours since we launched our First Amendment Fund, and we are already well on our way to reaching our initial goal of $20,000 by the end of June.  We cannot thank you enough for your immediate and generous support and hope you will help us spread the word as we continue to defend our First Amendment rights against Chevron. We cannot put up this fight without your help, and we are so grateful for this wonderful first day of support.

As reported in Reuters and The New York Times, the temporary stay we were granted today enables us to advance what we believe is a meritorious appeal on this very significant First Amendment matter. We still need the Second Circuit Court of Appeals to grant us a permanent stay in order to file a meaningful appeal, but we are grateful for today’s positive outcome.

Click here to listen to Joe Berlinger’s interview on today’s Leonard Lopate Show on WNYC.

Stay tuned…

-Team CRUDE

Last Thursday, U.S. District Judge Lewis A. Kaplan ruled against us, unfortunately denying our arguments.

We are appealing this decision, as we feel it is a violation of our First Amendment rights and could have a seriously chilling effect on documentary filmmakers and journalists everywhere. We appreciate the incredible outpouring of support from people in the documentary community and allies all over the world, and we hope that this extremely troubling situation will conclude in our favor.  We will keep you posted on all developments.  Please keep checking back here for updates.

Thank you for your support.

-Joe Berlinger, May 12, 2010
Here are some recent articles about the case:

Should a Documentary Filmmaker Get a Journalist’s Privilege
By John Schwartz and Dave Itzkoff
May 7, 2010

Judge Grants Chevron Access to Film Footage
By David R. Baker
May 7, 2010

Michael Moore Says Judge’s Ruling Could Have ‘Chilling Effect’ on Documentaries
By Dave Itzkoff
May 7, 2010

Joe Berlinger must surrender outtakes from ‘Crude’ doc
Associated Press
May 6, 2010

Chevron Oil Demands ‘Crude’ Filmmaker Hand Over Unseen Footage
By Rory Carroll
April 29, 2010

Chevron’s New Tactic Called a Threat to First Amendment
By Tracy Barnett
April 29, 2010

Chevron Wants Unused Film on Ecuador Dispute
By David R. Baker,
April 28, 2010

Chevron Goes Drilling for Footage
By Dave Gilson
April 28. 2010

Documentarian Fights Oil Company’s Subpoena in Federal Court
By Reporters Committee for Freedom of the Press
April 27, 2010

Chevron Vs. Filmmaker
By Dave Itzkoff
April 26, 2010

Director of ‘Crude’ Will Resist Chevron’s Request for Footage
April 26, 2010
By Dave Itzkoff

‘Crude’ Filmmakers Resist Chevron order: Oil Giant is Seeking Footage Not Included in Docu
By Ted Johnson
April 23, 2010

‘Crude’ Director Battles Chevron Over Footage
Oil Company Wants Footage for Ecuadorean Lawsuit, but Berlinger Invokes First Amendment
By Brent Lang & Sharon Waxman
April 23, 2010

Founded in 2002, Cinema for Peace seeks to “promote peace and international understanding through film.” Cinema for Peace, “is a symbol of peace, freedom and tolerance, a symbol with a lasting effect on the world of film and media, initiating important projects and the free exchange of ideas.”

The International Green Film Award honors “an extraordinarily inspiring achievement of a film artist in the domains of environment and climate protection.”  Fellow nominees included James Cameron, Roland Emmerich, and Robert Redford.  What an honor to be nominated among such an awe-inspiring group of filmmakers!