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Wednesday, October 16, 2024

Yale Law clinic offers free legal guidance to documentary filmmakers

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Peter Salovey President | Yale University

Peter Salovey President | Yale University

In April 1980, three men in Chattanooga, Tennessee, fired shotgun blasts at four Black women waiting for a cab. A fifth woman was injured by flying glass. The men, members of the Ku Klux Klan, faced criminal charges but were acquitted or given light sentences by an all-white jury. Subsequently, the Center for Constitutional Rights successfully sued the Klansmen in federal civil court on behalf of the women in a landmark 1982 trial.

The new documentary "How to Sue the Klan" recounts this case and its lasting impact. However, director John Beder faced numerous legal and security concerns while making the film. “I had all these questions about how much I could present about these Klan members,” Beder said. He sought free legal advice from DocProject, a program within Yale Law School's Media Freedom and Information Access Clinic.

Launched in 2018, DocProject provides pro bono legal advice on media law to documentary filmmakers through Yale law students under seasoned media lawyers' guidance. Jennifer Borg and her student adviser Aren Torikian ’24 J.D., frequently consulted with Beder to ensure accuracy and legality in his film.

DocProject does not handle all legal aspects of filmmaking but focuses on journalistic issues like defamation laws and privacy rights. It is particularly beneficial for first-time filmmakers and journalists transitioning from print to film. The program currently supports around ten films but has more demand than capacity.

The team often encounters complex issues requiring detailed research by law students. For instance, in "Pay or Die," directed by Scott Ruderman and Rachel Dyer, filming border crossings raised significant legal questions that required thorough investigation by Liza Anderson ’24 J.D.

Filmmaker Brian Hedden also benefited from DocProject’s assistance for his documentary "Fracking the System." After being sued before his film's release, he sought DocProject's help to avoid future litigation risks.

Set Hernandez approached DocProject with specific needs for their film "Unseen," which follows Pedro, a blind undocumented immigrant. Hernandez learned valuable lessons about editorial independence and reporters’ privilege from the program.

Most documentaries supported by DocProject take years to complete, meaning many law students graduate before seeing their work premiere. Nonetheless, Torikian expressed satisfaction when seeing changes made due to their advice reflected in final films.

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