November 20th, 2013 by Mickey Osterreicher
Today was a picture perfect example of how photographers are being squeezed from all sides. On the front end photographers are being interfered with and arrested on an almost daily basis nationwide for doing nothing more than trying to do their jobs by photographing and recording matters of public concern on city streets.
In one such case a NYC Criminal Court jury acquitted photographer Jason Nicholas today on a misdemeanor count of Obstructing Governmental Administration. Mr. Nicholas was arrested in 2011 for allegedly interfering with NYNJ Port Authority Police while covering a news story. A previous trial resulted in a hung jury but the district attorney chose to re-try him. Afterwards Mr. Nicholas said, “this is a victory for us and a swift and resounding defeat for the police and prosecution!” ”Now maybe we can get this to stop on behalf of all journalists,” he added.
On the back end where photographers works are being used globally without their permission, Daniel Morel was sitting in a federal courtroom a few blocks away from Mr. Nicholas. He is pitted against Agence France Press (AFP) (and Getty Images) in a copyright infringement case. Read about this case along with updates here.
Liability for infringement has already been established. The only remaining defendants in the counterclaim case are AFP and Getty Images, as the other defendants have already settled with Mr. Morel. All that is left for the jury to decide is how much each of them (AFP & Getty) must pay in damages. Click here for a running blog of the six (6) days of testimony.
Attorneys for both sides are expected to make their closing arguments tomorrow morning in the Southern District of New York Courthouse located at 40 Foley Square in New York City. Judge Nathan’s courtroom is on the 5th floor for those of you able to attend.
So on one day within a few blocks of each other I was able to view some of the major challenges facing photographers around the world and also witness how two of them chose to stand up for their rights and by so doing take a stand against those who would violate our constitutional and copyrights.
Posted in Access, AFP v Morel, Agence France-Presse, Assault on Photographers, contracts, copyright, copyright infringement, Daniel Morel, False Arrest, First Amendment, First Amendment rights, Fourth Amendment rights, Getty, Lawsuit, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Recording Police, retaliation for the exercise of First Amendment rights, social networking, Twitpic, Twitter | 1 Comment »
August 28th, 2013 by Wills Citty and tagged New York City, New York Times, NYPD, occupy wall street, Officer Michael Ackermann, Robert Stolarik
An NYPD officer accused of roughing up and illegally arresting a New York Times photographer has been indicted on multiple charges stemming from an incident last August. Robert Stolarik, an NPPA member, was violently accosted and taken into custody while photographing Officer Michael Ackermann who was trying to arrest a teenage girl in the Bronx.
Officer Ackermann claimed Stolarik hindered police work by repeatedly aiming the flash of his camera at the officer’s face. That story crumbled under investigation by the NYPD Internal Affairs Bureau (IAB). The Bronx district attorney also learned that Stolarik did not have a flash on his camera at the time of the incident, and concluded the officer’s story was a lie. Ackermann now faces three felonies and five misdemeanors, and could see up to seven years in prison if convicted of the most serious charge.
Working with New York Times’ Vice President and Assistant General Counsel George Freeman after the arrest, NPPA General Counsel Mickey Osterreicher sent a letter to NYPD Deputy Commissioner Paul Browne objecting to Stolarik’s unwarranted arrest and rough treatment. Freeman and Osterreicher also requested that the photographer’s equipment and press credentials, both seized at the time of the incident, be immediately returned. In addition the NPPA publicly criticized the NYPD for their actions.
Stolarik’s ordeal was especially troubling because he was arrested in direct violation of NYPD’s own Patrol Guide directives as noted in a follow-up letter from Osterreicher to Browne. Osterreicher also sent a letter to the editor, which was published in the NY Times. In it Osterreicher urged “the New York Police Department to work with us to improve training and supervision for its members.”
Robert Stolarik displays his NYPD press credentials in Tampa. FL, received 2 days before the RNC (photo by Mickey Osterreicher)
The NYPD returned Stolarik’s equipment in the days following the NPPA’s first letter. Osterreicher’s continued negotiations with the department resulted in the release of the photographer’s press credentials two weeks later. Ongoing efforts by George Freeman resulted in prosecutor’s ultimately dropped all charges against Stolarik.
The internal investigation that resulted in Officer Ackermann’s indictment is an encouraging sign in what was otherwise a troubling year for the NYPD’s relationship with photographers. Soon after Stolarik’s arrest, police conducted a campaign of intimidation and interference against photographers covering the anniversary of the Occupy Wall Street protest. Stolarik himself had been forcibly prevented from covering the actual rally the previous year. Several journalists were detained or arrested at the Occupy anniversary. The NPPA also responded to these incidents.
Incidents such as this are becoming all too common throughout the country. Many officers apparently do not know or disregard photographers’ First Amendment rights. Despite assertions two years ago that the NYPD was providing improved training to its officers the situation in New York City has not improved. “We have been unsuccessful in arranging a meeting with the new NYPD Deputy Commissioner for Legal Matters (DCLM) or the Deputy Commissioner for Public Information (DCPI) to discuss these issues,” said Osterreicher. “Commissioner Kelly and his staff met with members of the media after the arrests of 26 journalists in Zuccotti Park in November of 2011, after which he issued a Finest message directing members of the NYPD to cooperate with the press. At the time I said that it was a good start but since then it appears to be just another piece of paper as far too many officers and supervisory staff ignore its directives,” Osterreicher added.
On behalf of the NPPA, Osterreicher has continued to advise and train police agencies around the country in an effort to improve police-press relations. The First Amendment is not absolute but subject to reasonable time, place and manner restrictions. While police may have the discretion to limit access when public safety or other legitimate law enforcement activities so dictate, they may not order someone to stop taking photographs or recording video in a public place, especially if other members of the public are allowed to remain and observe those activities.
As Osterreicher says in his police training: “We can do this the easy way or the hard way!” It is indeed unfortunate that rather than respecting the Constitution and the Bill of Rights that they are sworn to uphold some officers believe that they are a law unto themselves. For Officer Ackermann it may have been a very costly mistake to view a photographer with a camera with suspicion and contempt. Everyone has a job to do: for a police officer it is to provide public safety and enforce the law; for a visual journalist it is to gather and disseminate news. It would best serve both purposes if this case helps to encourage cooperation between the two professions rather that continued conflict. As often is the case it’s the enlightening truths that prove most elusive.
Posted in Access, DCPI Paul Browne, False Arrest, First Amendment, First Amendment rights, Legal, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Press Credentials, Public Photography, Recording Police, Robert Stolarik | 127 Comments »
October 22nd, 2012 by Joan Blazich and tagged Arrest, first amendment, free speech, journalism, journalist, national press photographers association, NPPA, NYPD, occupy wall street, photographers, photography, photojournalism, photojournalist, police, zuccotti park
Today the National Press Photographer’s Association (NPPA) announced that it was joining 5 elected officials and almost a dozen members of the press in a lawsuit against the New York Police Department (NYPD) and JP Morgan Chase. The lawsuit alleges that the City of New York, the MTA, the NYPD, Brookfield Properties, and JP Morgan Chase conspired to violate the First Amendment rights of press members who were arrested while covering the “Occupy Wall Street” protests. The amended complaint seeks both redress against police misconduct during these arrests and that a federal independent monitor be appointed to observe future NYPD incidents involving the press.
NPPA joins this lawsuit on behalf of its 7000 members, including Plaintiff Stephanie Keith. Recently awarded the Newswoman of the Year Award by the Newswoman’s Club of New York, Ms. Keith was arrested twice while covering the Occupy Wall Street protests. “I joined this lawsuit because as a working journalist I’ve been arrested, thrown to the ground, hit with batons and yelled at by the NYPD while doing my job on assignment” said Ms. Keith. “I have seen my fellow journalists being treated this way as well. Why should journalists be subjected to trauma inducing harassment on the job?”
Sean D. Elliot, President of NPPA, stated that NPPA joined the lawsuit so that “it can effectively address the continuing course of conduct by the NYPD against its members and others that has chilled our Constitutionally protected rights to gather and disseminate news.”
Other plaintiffs in this lawsuit were quick to praise NPPA for joining as a new party. “We are pleased and honored to have the NPPA join our efforts, and we look forward to working with them towards the goals of justice, accountability and freedom of expression,” said Sam Cohen, one of the attorneys at the helm of the case. Yetta Kurland, a civil rights attorney assisting with the case, remarked that “The NPPA and other members of the press play a vital role in getting the message of OWS out to the world. Arresting the press isn’t just an attempt by the City and JP Morgan Chase to suppress the press and freedom of speech and expression, but also to suppress the message of Occupy.”
Posted in Assault on Photographers, Attack Photographers, Commissioner Raymond Kelly, First Amendment, First Amendment rights, Lawsuit, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Recording Police | 3 Comments »
October 15th, 2012 by Joan Blazich and tagged Access, Arrest, Atlanta, first amendment, free speech, journalism, journalist, Legal, Mickey Osterreicher, national press photographers association, NPPA, photographers, photography, photojournalism, photojournalist, police, Student journalists
Charges against two student journalists arrested while covering the Occupy Atlanta protests last year have finally been dropped. College journalists Alisen Redmond of The Sentinel at Kennesaw State University and Judith Kim of The Signal at Georgia State University were arrested by police on November 5, 2011 on charges of “obstruction of traffic,” even though both women were standing with a group of other media reporters on a street that police had already closed to traffic.
Atlanta Mayor Kasim Reed announced the decision to drop the charges on October 13 during a conference held by the National Association of Hispanic Journalists. When asked why he had failed to address the matter sooner, Reed responded that “he had not heard anything about it in the press or from his assistants.” Upon learning that the charges had been dropped, NPPA General Counsel Mickey H. Osterreicher said, “we applaud the city’s actions and hope this incident will serve as an example to others that it is never too late to make sure that justice is served.”
Osterreicher had sent Mayor Reed a letter on October 1 asking him to dismiss the charges against the students. Among other things, the letter, written on behalf of The American Society of News Editors, The Reporters Committee for Freedom of the Press, The Atlanta Press Club, Cable News Network, Inc., The American Society of Media Photographers and The Student Press Law Center, urged Mayor Reed to “use your good offices to help seek an immediate dismissal of these charges in the interest of justice.”
An even earlier letter from The Student Press Law Center’s Executive Director Frank LoMonte was sent on November 7, 2011. In that letter LoMonte asked Mayor Reed to “immediately initiate an investigation into the circumstances of these student journalists’ arrests, and that you instruct the Police Department to withdraw all charges against the students and against any journalist whose ‘crime’ consists of standing on public property non-disruptively gathering news.”
NPPA has repeatedly pointed out to numerous groups and law enforcement agencies that actions by officers to interfere with and detain those engaged in Constitutionally protected activity under color of law is wrong. The NPPA has also strongly objected to journalists being harassed, intimidated and arrested while covering news stories because they were not considered to be “properly credentialed” by the police.
Posted in Assault on Photographers, Attack Photographers, detained, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Recording Police, Student, students | 1 Comment »
October 1st, 2012 by Joan Blazich and tagged Access, Mickey H. Osterreicher, national press photographers association, photographers, photojournalism
The National Press Photographer’s Association (NPPA) along with 13 other media organizations sent a letter to the New York Police Department (NYPD) Commissioner Raymond W. Kelly today requesting another meeting to discuss recent police incidents involving journalists in New York City. Joining in the letter were: The New York Times, The New York Daily News, the Associated Press, Thomson Reuters, Dow Jones, the New York Press Club, the New York Newspaper Publishers Association, the New York Press Photographers Association, the American Society of Media Photographers, the Reporters Committee for Freedom of the Press, the Radio Television Digital News Association, the Society of Professional Journalists and the Committee to Protect Journalists.
The first incident desribed in the letter involved the arrest of New York Times photographer Robert Stolarik on August 4, 2012, in the Bronx. Stolarik was interfered with and arrested for taking pictures of an arrest which was being conducted as part of New York City’s controversial ”stop and frisk” program. Throught the efforts of NPPA general counsel Mickey Osterreicher and New York Times deputy general counsel George Freeman, Stolarik was able to recover his equipment a week later and his credentials on August 23, 2012. Although Stolarik filed a complaint with the NYPD Internal Affairs Bureau immediately after his release the report of that investigation has not been released.
“We are also deeply concerned because his arrest appears to be in direct contravention of a 6/2/77 Stipulation and Order in the U.S. District Court for the Southern District of New York in the matter of Black v. Codd, which was incorporated verbatim into the NYPD Patrol Guide in 2000 at PG 208-03 under the heading “Observers at the Scene of Police Incidents,” Osterreicher wrote in his letter to the NYPD.
Also of concern to the group was the treatment of journalists on September 17, 2012, when members of the NYPD “interfered with, assaulted, detained and in some cases arrested members of the media who were on a public street covering the anniversary of the Occupy Wall Street protests.” Media members reported that officers told them that they were not allowed to use their cameras in a public area before using batons to force them from the area. Another group of journalists present were threatened with arrest if they failed to leave the area, even though the same police officers were permitting members of the public to pass through the same area.
“It is our strongly asserted position that while the press may not have a greater right of access than the public, they have no less right either,” Osterreicher wrote. “We strongly object to any journalists being harassed, intimidated and arrested when clearly displaying press identification solely because they were not considered to be ‘properly credentialed’ by the police,” he added.
The letter concluded by stating, “given these ongoing issues and incidents we believe that more is needed in order to improve police-press relations and to clarify the ability of credentialed and non-credentialed journalists to photograph and record on public streets without fear of intimidation and arrest. Therefore, we urge you meet with us once again so that we may help devise a better system of education and training for department members starting from the top down.”
Posted in Access, Assault on Photographers, Attack Photographers, Commissioner Raymond Kelly, First Amendment, First Amendment rights, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, NY Daily News, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Recording, Recording Police, Robert Stolarik | 4 Comments »
August 29th, 2012 by Justice Warren and tagged Access, Arrest, first amendment, Hillsboro Police Department, Mickey Osterreicher, national press photographers association, NPPA, photographers, photography, photojournalism, police, RNC, Tampa Police Department
Tampa Police Chief Jane Castor speaks to media prior to a protest march at the Republican National Convention Photo by Mickey H. Osterreicher
Despite fears from some in the media that law enforcement at the Republican National Convention (RNC) would take a combative approach against protestors and journalists, the first three days of the convention have proven to be rather benign, with no reported interference with or arrests of members of the media.
Thanks in part to training programs implemented by Mickey H. Osterreicher, general counsel for the National Press Photographers Association (NPPA), law enforcement at the convention in Tampa have attained a better grasp of the balance between the need to protect the public safety with the First Amendment rights of the press. It was Osterreicher’s hope that the training would help officers better understand those stakes when interacting with journalists at the convention.
“I think it is a combination of a number of factors, from low protester turnout to the threat of a hurricane in Tampa, along with the fact that law enforcement officials were very receptive to training that has contributed very peaceful demonstrations so far,” Osterreicher said. “I also commend all the officers from various departments around the state for their very professional, friendly and helpful attitude toward everyone they encounter, especially the press.”
Osterreicher said he reached out to the Tampa Police Department and the Hillsborough County (Fla.) Sheriff’s Office back in February to offer training that would help officers prepare for the August convention. The law enforcement offices accepted, and Osterreicher held a training session in April during which he highlighted common First Amendment rights violations officers can make when dealing with journalists. Osterreicher said he commends Tampa law enforcement for agreeing to the training sessions and that he was happy for the opportunity to provide it.
“Leadership comes from the top and Tampa Police Chief Jane Castor and Hillsboro County Sheriff David Gee have been in the forefront not only in fully embracing and supporting the training but in being out on the street with their officers, protesters and media on a daily basis,” Osterreicher said.
Hillsboro County Sheriff David Gee does a “liveshot” via Skype at the scene of police protester confrontation near the Tampa Convention Center during the Republican National Convention. Photo by Mickey H. Osterreicher.
Mauricio Rodriguez, assistant city attorney for Tampa, said that he was pleased by the way officers and protestors have handled themselves to this point during the RNC. Rodriguez said that the city being proactive and communicating with protestors and the press has helped to keep the waters calm during the hurricane-blighted convention.
That sentiment was shared by Hillsborough County Sheriff’s Office public information officer Larry McKinnon, who said that his office values First Amendment rights and works to keep officers informed of how to deal with protestors and the media.
“We’ll never arrest a protestor,” McKinnon said. “We’ll only arrest people breaking the law who happen to be protestors. We encourage the right to protest so long as you’re obeying the law.”
McKinnon credits the NPPA for helping to prepare Tampa law enforcement for the event. McKinnon notes that in chaotic times officers will not always be perfect, but that the goal of the sheriff’s office is to make sure that mistakes are corrected so everything runs smoothly.
“The NPPA didn’t come down here saying you better do it this way or else,” McKinnon said. “Mickey knows it’s not gonna be perfect, but that if there was an issue then it would be resolved the best way possible.”
After a 2008 convention season that saw scores of arrests of protestors and journalists during clashes with police, spokeswoman Laura McElroy of the Tampa Police Department said that the department has been excited that there have been few issues to date. She credits the NPPA for helping to not only train officers but keeping the media in the know for the convention.
“There is a big disparity between what the officers expect and what the media expect at events like these,” McElroy said. “We are trying to bridge that disparity.”
The RNC concludes on Thursday. RNC organizers are still preparing contingency plans in the event that Hurricane Isaac derails planned events for the last day of the convention. The Democratic National Convention, which is hosted in Charlotte, N.C., will take place from Sep. 4-6 and NPPA will be there as well.
Posted in Access, First Amendment, First Amendment rights, FL, Florida, Hillsboro County Sheriff's Office, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Recording, Recording Police, RNC, Tampa, Tampa Police Department | No Comments »
August 10th, 2012 by Justice Warren and tagged Access, Arrest, first amendment, free speech, journalism, Legal, Mickey Osterreicher, national press photographers association, NPPA, photography, photojournalism, photojournalist, police, police relations, recording
The American News and Information Services (ANIS) filed a Complaint Wednesday in federal district court seeking redress for the repeated violation of the First Amendment rights of an ANIS employee by San Diego City and County government officials.
The complaint alleges that San Diego law enforcement exhibited a pattern of First Amendment rights violations by giving law enforcement officers excessive discretion to prevent access to and recording of public safety activity. It also alleges that the pattern is further evidenced by the San Diego Police Department’s (SDPD) exclusive authority to issue media credentials and the retaliatory actions taken against those who attempt to exercise their right to record.
“The SD Defendants, despite a revolution in access to news brought on by rapid technological advances, still seek through the use of government-issued press credentials control of the message through control of the messenger,” the complaint states.
James C. Playford, a National Press Photographers Association (NPPA) member who began work for ANIS after the SDPD refused to renew his press credentials, has been arrested four times since 2010 while attempting to cover public safety activities. Three of those arrests resulted in the seizure of Playford’s equipment and raw video. A photo and physical description of Playford was also allegedly disseminated to San Diego law enforcement identifying him as an individual prohibited from access to public safety activity.
San Diego law enforcement agencies have come under fire recently due to repeated arrests of photojournalists. The NPPA sent a letter to the SDPD and along with one from the American Civil Liberties Union of San Diego and Imperial County (ACLU) which they referenced on their website, requesting an end to police interference with photojournalists’ rights to record events occurring in public. Wednesday’s letter was NPPA’s third letter to San Diego law enforcement this year concerning the rights of photojournalists.
“While the press may not have any greater access rights than the public to these incidents, they have no less rights either,” said Mickey H. Osterreicher, general counsel for NPPA, in his letter to the SDPD. “Unfortunately a number of your officers have abused their discretion in limiting those press rights and then have detained and arrested our members when questioned about such discriminatory acts.”
In the most recent media controversy, NPPA member and freelance photojournalist Edward Baier was arrested on July 20th by the SDPD and charged with interfering with a police officer, though Baier claimed he was attempting to film from private property with the owner’s permission. Baier said he was tackled by two officers during the altercation, causing him injuries requiring medical attention.
Baier’s arrest was his second this year by the SDPD. In January, police told Baier to move away from the scene of a drowning, though the public was allowed to remain inside of the police tape. When Baier protested, he was arrested and charged with resisting arrest. The arresting officers later added two counts of assaulting an officer.
The NPPA sent a letter to the SDPD in January objecting to Baier’s arrest, and later sent a letter to the Office of the City Attorney requesting that Baier’s charges be dropped.
“The reliance by your officer to question, detain, interfere with, arrest and seize the property of someone engaged in a lawful activity under color of law is reprehensible,” Osterreicher said in his January letter to the SDPD. “At best, behavior that chills free speech and unreasonably seizes property is extremely unprofessional, at worst it is criminal.”
Posted in Access, ACLU, ACLU of Dan Diego & Imperial County, Assault on Photographers, Attack Photographers, confiscated, First Amendment, First Amendment rights, Lawsuit, National Press Photographers Association, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Recording Police, San Diego Police Department, SDPD | No Comments »