Ward’s case is strikingly similar to that of Larry Mathews, a media figure who faced child porn charges in the late 1990s. Mathews was a Washington DC-area radio reporter in his late 50s. He had won press awards and was known for covering social issues, including the problem of internet child porn. When arrested, he said he had acquired illegal material because he was impersonating a pedophile in order to do another story.
The government countered that Mathews had no notes or story assignment from a media outlet. The ACLU, National Public Radio, and other press and First Amendment organizations spoke out for him and filed supporting legal briefs. But an appellate court later ruled that journalists have no right to acquire or distribute child pornography while doing research. Mathews was convicted and served several months in a halfway house.
And this:
However, the statute was cited in August 2006 by the New York Times. Kurt Eichenwald, then a Times reporter, said he accidentally accessed a few illegal images while doing month’s-long reporting on Internet child pornography. In a sidebar to one of Eichenwald’s articles, the Times said that a law – presumably 2252-- excused the reporter’s encounter with the illegal material. But Eichenwald’s published work implied he had accessed far more than two images.
Further, Eichenwald in 2005 obtained and used administrative sign-on privileges to explore a commercial porn website containing images of a 14-year-old boy masturbating. Eichenwald went on to write a major Times story based on reporting he did about this site and the people who ran it.
We will have to see if Ward really is telling the truth he was doing investigative research. The question I have is why he didn't contact authorities BEFORE doing any such online stuff.
