Court rejects Josh Wolf's appeal, return to prison possible

The appeal rejection means the 24-year-old activist and freelance internet journalist may soon headed back to federal prison, unless he provides the video as required by subpoena.

Neither incident was shown in footage that local television stations purchased from Wolf. He refused to surrender his outtakes, claiming a journalist's right to withhold unpublished material as well as confidential sources. Those rights are protected by California's shield law, but that law does not apply in federal court.

The federal appeals court cited "the long-established obligation of a reporter to comply with grand jury subpoenas" in ruling against Wolf on Friday.

The ruling said U.S. District Judge William Alsup, who held Wolf in contempt Aug. 1, was correct not to seek a balance between the importance of the grand jury investigation and Wolf's rights as a journalist. However, the panel noted that such a balancing test would favor the government.

"He simply videotaped what people did in a public place," the judges wrote. "Wolf does not claim that he filmed anything confidential nor that he promised anyone anonymity or confidentiality. Therefore, this case does not raise the usual concerns in cases involving journalists."

Wolf's attorneys are reviewing their options, which include seeking a review by the full appeals court or taking the case to the U.S. Supreme Court. Wolf and his supporters have argued, among other things, that the subpoena would effectively force him to act as a government investigator.