Search

Led by NPPA, over 60 Media Companies & Organizations Join in Support of Journalists’ Rights

March 20th, 2017 by nppaeditor and tagged , , , , , , , , , , , , , , , , ,

On March 17, 2017, the National Press Photographers Association (NPPA) filed an amicus brief in the United States Court of Appeals for the Second Circuit supporting a visual journalist’s appeal of a lower court decision in favor of the defendant police officers who arrested him.

That “friend of the court” brief was joined by a broad coalition of over 60 media companies and organizations engaged in press photography, videography, broadcast news, journalism (both online and in print) and free-speech advocacy.

Photojournalist Douglas Higginbotham was covering an Occupy Wall Street protest at Zuccotti Park in New York City on the morning of November 15, 2011. In order to get a better vantage point from which to record the large crowd of police and protestors he climbed to the top of a phone booth. Mr. Higginbotham claims that while he was in the process of complying with police officers, who had asked him to come down, he was forcibly pulled off, arrested and charged with disorderly conduct. NPPA general counsel, Mickey H. Osterreicher was successful in having that charge quickly dismissed by the Manhattan district attorney.

Douglas Higginbotham on the day of his arrest covering an Occupy Wall Street protest at Zuccotti Park in New York City on the morning of November 15, 2011. Photo credit: PaulMartinkaPhotography.com

Higginbotham subsequently brought a federal civil rights lawsuit in the United States District Court for the Southern District of New York against the arresting officers and the City of New York. Among other things, his complaint alleged that “the defendants retaliated against him for filming a violent arrest in violation of his First Amendment rights.” In refusing to grant the defendants’ motion to dismiss the case, District Court Judge P. Kevin Castel held (with regard to the question of whether the police officers were protected by the doctrine of qualified immunity), that  “the right to record police activity in public, at least in the case of a journalist who is otherwise unconnected to the events recorded, was ‘clearly established’ at the time of the events alleged in the complaint.”

The matter is now being appealed, following Judge Castel’s grant of a motion for summary judgment by the defendants. “Though we believe the District Court erred in granting summary judgment, we also believe that Judge Castel was correct in recognizing that the press has a First Amendment right to cover police activity, said Jay K. Goldberg, attorney for Mr. Higginbotham. “We urge the Second Circuit to adopt Judge Castel’s reasoning and align this Circuit with all others that have upheld this fundamental right of constitutional protection,” he added.

Attorneys Robert Balin, Abigail Everdell and Jack Browning, of Davis Wright Tremaine LLP drafted the amicus brief with help from NPPA’s Osterreicher. “The fact that more than 60 leading news outlets and free speech organizations have joined the NPPA in this friend of court brief speaks volumes about the importance of the First Amendment rights at stake in this case,” said Balin. “From Ferguson to Occupy Wall Street to tomorrow’s headlines, safeguarding the ability of the press and public to record and  freely discuss police activity in public places is essential to an enlightened, informed democracy. Given the national consensus by other courts, we believe a ruling by the federal appeal court in New York recognizing a First Amendment right to record the police in public is long overdue. We look forward to presenting our arguments.”

Those courts include the First, Fifth, Seventh, Ninth and Eleventh Circuits, which have expressly acknowledged the existence of this crucial right. The Second Circuit has yet to find that right as being “clearly established,” which has had a chilling effect on journalists and citizens, while officers who arrest or harass those recording police conduct continue to avoid liability by receiving “qualified immunity” for their actions.

The brief urges the Second Circuit to “recognize—as did the district court—that members of the press unconnected with the underlying events have a clearly established First Amendment right to record officers in public places in furtherance of their free press rights to gather and disseminate news on matters of public concern.” In the alternative, the amici argue, should the Court find “that the right to record the public conduct of police officers was not clearly established . . . at the time of Mr. Higginbotham’s arrest,” it “should nonetheless use this opportunity to declare the right to be clearly established going forward.”

In reflecting on his case, Higginbotham said, “I just want to thank the NPPA for assembling so many media industry leaders, along with an impressive coalition of free speech organizations  in support of my appeal. Now is a very important time for the courts to uphold our constitutional rights,  and send a clear message that a free press must be allowed to go about our invaluable duties, which are enshrined in the First Amendment , without fear of police retaliation, or having our livelihoods destroyed.”

“The attorneys for Davis Wright Tremaine are to be commended for their work on this brief,” said Osterreicher, who has been involved in this case for the last six years. “I believe that Jay [Goldberg] has crafted an excellent appeal, while Rob, Abigail and Jack at DWT have drafted an amicus brief that should help guide the court on this issue. Of course the overwhelming support from so many groups has been very gratifying and we hope the court will take judicial notice of that fact. I would also be remiss if I did not thank Lynn Oberlander and the Press Freedom Litigation Fund of First Look Media Works for their support of Doug’s appeal. Thanks also go to Gregg Leslie at the Reporters Committee for Freedom of the Press for helping to rally support for the brief. Last but by now means least, I must thank Doug Higginbotham, who had to endure his unlawful arrest for just doing his job and for standing up for his, and in turn all of our rights, by pursuing this case.”

The groups joining with the NPPA in the brief are: ABC, Advance Publications, Inc., ALM Media, LLC, the American Society of Journalists and Authors, American Society of News Editors, Associated Press, Association of Alternative Newsmedia, Association of American Publishers, Inc., Association of Magazine Media, The Author’s Guild, Inc., The Buffalo News, Buzzfeed, Inc., Cable News Network, CBS Broadcasting, The Daily Beast Company, LLC, Daily News, LP, Discovery Communications, LLC, Dow Jones & Company, Inc., Electronic Frontier Foundation, The E.W. Scripps Company, First Amendment Coalition, First Amendment Lawyers Association, First Look Media Works, Inc., Fox News Network LLC, Free Press, Freedom of the Press Foundation, The Freedom to Read Foundation, Gannett Co., Inc., Hearst Corporation, Inter American Press Association, Media Coalition Foundation, Media Law Resource Center, Inc., The Media Consortium, Inc., Meredith Corporation dba WFSB-TV, National Association of Broadcasters, National Newspaper Association, National Press Club, National Public Radio, Inc., NBCUniversal Media, LLC, New England First Amendment Coalition, New England Newspaper & Press Association, Inc., New York News Publishers Association, New York Press Club, New York Press, Photographers Association, New York State Broadcasters Association, Inc., The New York Times Company, The News Media Alliance, NYP Holdings, Inc., Online News Association, PEN American Center, Penske Media Corporation, Radio Television Digital News Association, The Reporters Committee for Freedom of the Press, Reporters Without Borders, Reuters America LLC, Sinclair Broadcast Group, Inc., Society of Professional Journalists, Student Press Law Center, Tully Center for Free Speech, Vermont Press Association, Vox Media and WNYW-TV FOX 5.

 

 

 

 

 

Posted in Disorderly Conduct, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, Occupy Wall Street, photographers, Photographers' Rights, photojournalism, Photoshop, Police, Recording Police, Regulations limiting photography, retaliation for the exercise of First Amendment rights, Robert Balin, Visual Journalists | No Comments »

NY Federal Judge Rules in Photographer’s Favor Supporting 1st and 14th Amendment Rights

February 27th, 2017 by Mickey Osterreicher and tagged , , , , , , , , , ,

Today federal court Judge J. Paul Oetken denied a  motion to dismiss by the City of New York allowing the case, Jason B. Nicholas v. The City of New York, to proceed. The civil rights lawsuit was brought pro se (on his own) by Mr. Nicholas, a professional photojournalist, against Defendants William Bratton, Stephen Davis, Michael DeBonis, and the City of New York on December 8, 2015.  The suit alleges that Defendants violated Mr. Nicholas’ First and Fourteenth Amendment rights by revoking his NYPD issued press credential without due process and in retaliation for the content of his speech.

The Order and opinion out of the United States District Court for the Southern District of New York found that the government cannot pick and choose among which newsgatherers to allow access to a scene or to information and that the NYPD’s restriction on newsgathering may have violated the First Amendment. The court also found that journalists may very well have a First Amendment interest in their NYPD-issued press credential that calls for due process protections, and that the NYPD summary revocation of press credentials may have been without due process, violating the Fourteenth Amendment. Additionally, the court found that the city may have an unconstitutional unwritten policy to obstruct and interfere with newsgathering in general and with Mr. Nicholas’ newsgathering in particular.

See: Nicholas v. Bratton Opinion 02-27-17

 

Posted in Access, First Amendment, First Amendment rights, Motion to Dismiss, National Press Photographers Association, News Photography, Newsgathering, NPPA, NY Daily News, NYPD, photographers, Photographers' Rights, photojournalism, Press Credentials, Regulations limiting photography | No Comments »

NPPA Files Comments with FAA Expressing Concerns over Drone Registration

November 18th, 2015 by Mickey Osterreicher and tagged , , , , , , ,

On November 17, 2015 the National Press Photographers Association (“NPPA”), joined by 10 other organizations submitted supplemental comments to the FAA regarding the unintended consequences of drone registration. The groups are concerned that a registration process requiring all drone operators to carry a certificate of registration with them, and produce it on demand to a federal, state or local police official, will be used by police and prosecutors in a pretextual way to chill free speech and freedom of the press. Journalists often encounter this type of interference. Police officers who do not like news coverage of an event often use vague charges like failing to obey a lawful order or interference with officers at an emergency scene to stop journalists.

The stated purpose of a registration and marking requirement is the safe integration of drones into the national airspace. The FAA has asserted one of the ways to insure that is to have a means to identify and track the drone to its operator. The groups believe that requiring a drone operator to produce papers on demand will not aid in drone safety.

Writing for the group, NPPA general counsel Mickey H. Osterreicher, expressed the concern “with these unanticipated and unintended consequences which illustrate how government, and particularly law enforcement, can use discretionary laws to suppress speech activities in ways that were not considered at the time of their enactment. To pass constitutional muster and forestall constitutional conflicts between journalists and law enforcement officers, any registration system, must contain provisions that preclude officers from demanding to see journalists’ registration papers, and to then detaining, fining, or seizing property from journalists who are not carrying such documentation with them.”

The American Society of Media Photographers, American Society of News Editors, Associated Press Media Editors, Associated Press Photo Managers, The McClatchy Company, North Jersey Media Group, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Society of Professional Journalists and the Student Press Law Center joined in the filing.

 

 

Posted in drone, Drones, FAA, First Amendment, First Amendment rights, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Regulations limiting photography, Unmanned Aerial Vehicle (UAV) | No Comments »

NPPA, Joined by Other Media Groups Files Comments Objecting to Fairfax County, VA Photo Permit Fees

February 5th, 2015 by Alicia Calzada and tagged , , , , , , , , ,

Yesterday, the National Press Photographers Association (NPPA), joined by twelve other news and photographers’ organizations and First Amendment advocacy groups, filed comments with the Fairfax County Park Authority strongly objecting to their proposed permit and fee structure.

The proposed scheme would require all professional photographers to obtain a “professional photography permit”. Further, the permit would take 5 days to process, making it nearly impossible for news photographers to obtain one in time for most news situations, for which there is little to no warning.

The comments, authored by NPPA general counsel, Mickey Osterreicher, explains that “the proposed rules, create an unnecessary and burdensome distinction between amateur and professional photographers. Whether the images being made and recorded are for journalism, weddings or any other type of photography/filming (hereinafter “photography”), distinguishing between professional photographers and amateurs who are doing precisely the same things, at the same times, and in the same places, is arbitrary, capricious and unconstitutional.”

NPPA has always argued that permits in parks should only be required if the photographer’s presence would create a disruption. As the comments explained, “We believe that the proper question to ask is whether the photography creates any unusual impact on the land. If the activity presents no more impact on the land than that of the general public, then it should be exempt from permit and fee requirements.”

In the submitted comments Osterreicher went on to explain that, “unfettered access is necessary in coverage of the important public policy issues that arise in the conservation and use of public park resources. Journalists should be free to report to the public on public issues from public lands at any time. That protection should extend not only to individuals traditionally identified as newsgatherers, but also for freelance visual journalists and members of the public who may use cameras on a speculative basis to photograph or film activities on public lands without having an assured media outlet for their work.”

The other groups joining in the letter were: the American Photographic Artists, the American Society of Media Photographers, the American Society of News Editors, the Associated Press Media Editors, the Association of Alternative Newsmedia, the Graphic Artists Guild, the North American Nature Photography Association, PACA Digital Media Licensing Association, the Radio Television Digital News Association, the Reporters Committee for Freedom of the Press, the Society of Environmental Journalists, the Society of Professional Journalists and the White House News Photographers Association.

 

Posted in Access, American Society of News Editors, First Amendment, First Amendment rights, National Press Photographers Association, Newsgathering, NPPA, Permits, photographers, Photographers' Rights, photojournalism, Public Photography, Regulations limiting photography, Reporters Committee for Freedom of the Press, White House News Photographers Association, WHNPA | No Comments »

NPPA Helps Create Newly Released Credentialing Report

June 5th, 2014 by and tagged , , , , , , , , , , , ,

The Digital Media Law Project at Harvard University’s Berkman Center for Internet & Society and the Journalist’s Resource project at Harvard’s Shorenstein Center on Media, Politics and Public Policy, in collaboration with a Media Credentialing Working Group composed of the National Press Photographers Association, the Digital Media Law Project, Journalist’s Resource, Free Press, the Investigative News Network, and the Nieman Journalism Lab have released a new report: Who Gets a Press Pass? Media Credentialing Practices in the United States.

Media credentials have long played a critical role in newsgathering in the United States, allowing journalists to gain special access to places and events denied to the general public. There are, however, many inconsistencies among regulatory standards for the issuance of credentials, and many circumstances where the decision of whether and how to issue credentials is left up to individual agencies with no regulatory guidance at all. Moreover, upheaval in the journalism industry has introduced new actors in the journalism ecosystem, complicating decisions by government agencies and private gatekeepers about who should be entitled to special access.

Who Gets a Press Pass? presents a first-of-its-kind analysis of this complex environment, exploring media credentialing practices in the United States through a nationwide survey of more than 1,300 newsgatherers.

“Media credentials represent one of the most important interactions between journalists and those who control access to events and information,” said Jeff Hermes, director of the Digital Media Law Project and an author of the report. “This study finds common threads that run through decisions by various types of organizations, as a starting point to make sense out of the vast array of credentialing practices in the United States.”

Survey respondents included a wide range of journalists across the country, from employed journalists at long-standing media organizations to independent bloggers and activists fulfilling the information needs of their communities.

“The findings here speak to the vital issue of ensuring that journalists of all kinds can bear witness to important events in our society,” said Shorenstein Center Director Alex S. Jones. “The ability of the press to operate freely, robustly and without interference is essential to an informed public. We must be vigilant in making sure that all organizations issuing press credentials exert the maximum effort to accommodate media members and enable the free flow of information.”

The survey asked about respondents’ experiences in seeking press credentials from federal, state, local, and private organizations from 2008 through 2013, revealing the following nationwide trends:

  • One out of every five journalists surveyed who applied for a credential was denied at least once by a credentialing organization in the past five years. Although there may be reasonable grounds for denial in some cases, the data suggest systemic issues at many levels.
  • Freelancers are more than twice as likely as employed journalists to be denied a credential at least once.
  • Those identifying themselves as photographers are almost twice as likely as others to be denied a credential at least once.
  • Those identifying themselves as activists are more than twice as likely as others to be denied a credential at least once.

“It is indeed unfortunate that photographers have been one of the groups singled out for denial by agencies issuing press credentials, but it also must be pointed out that one does not need a press credential to photograph and record in a public place. That said, widespread mistrust by police officers of the media (or anyone with a camera) continues to be reflected in the misguided belief that photography and recording in public places may be prohibited,” said NPPA general counsel Mickey H. Osterreicher, who helped formulate the survey.

It is the hope of the Working Group that this study will help newsgatherers to identify particular tensions in media credentialing practices and to work with credentialing agencies to resolve these tensions.

The report is available through the Digital Media Law Project’s website at http://www.dmlp.org/credentials and through the Journalist’s Resource website at http://journalistsresource.org/studies/society/news-media/who-gets-press-pass-credentialing.

Posted in Access, Cameras, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Public Photography, Regulations limiting photography | No Comments »

NPPA Files Joint Brief With RCFP & Other News Media Groups Supporting Right To Photograph Government Horse Roundup

September 13th, 2013 by and tagged , , , , , , , , , ,

Today the NPPA, along with the Reporters Committee for Freedom of the Press and supported by other news media organizations, filed a legal brief in support of a photojournalist’s claim of a right to access wild horse roundups on federal land.  The Ninth Circuit Court of Appeals is set to again consider whether the Bureau of Land Management (BLM) violated wild horse advocate Laura Leigh’s First Amendment rights when it  restricted her ability to photograph a 2010 horse roundup.

Leigh was trying to take pictures of BLM personnel corralling horses in the Nevada scrub when officials demanded she stay in designated public viewing areas.  The views from these locations were obstructed, and Leigh’s wasn’t able to get the pictures she needed, according to court documents.  Monitoring  how the government handles these roundups is important, as they involve removing a vulnerable species from it’s natural habitat.

In the days following the incident, Leigh sought an injunction to prevent the land bureau from restricting public access in the future.  Since then, the case has seen its share of legal wrangling.  The injunction has been alternatively granted and overturned on several occasions.  Now, the appellate court that sent the case back to the lower court last year is set to hear it again.

Though the case involves a relatively specific issue, it implicates a privilege of paramount importance: the right of the press and public to monitor the government.  More specifically, this case is a matter of the extent of access the press and public should be allowed in pursuing that privilege. “Government activities need press access and review, particularly where they occur in remote and deserted locations that the public is unlikely to frequent,” said  Jean-Paul Jassy of the law firm Bostwick & Jassy LLP who authored the brief along with Kevin L. Vick of the same firm, with input from Gregg P. Leslie, Legal Defense Director for the Reporters Committee for Freedom of the Press and Mickey H. Osterreicher, NPPA general counsel.

Like many First Amendment liberties, the right to access government activities is not absolute.  Certainly, some government actions involve serious danger or demand confidentiality to the extent that some restrictions are reasonable. The courts have developed a test for balancing the government’s interest in keeping people away from certain situations against the people’s right to know (usually provided by press coverage) in seeing what their government is doing.

Articulated in Press-Enter. Co. v. Superior Court of California for Riverside Cnty., 478 U.S. 1, 8,  the “experience and logic” test considers 1) whether the activity in question has historically been open to the press and general public and 2) whether public access plays a significant positive role in the function of that activity.  The stronger these questions are answered in the affirmative, the heavier the burden on the government to demonstrate an “overriding interest” that warrants restriction.  The government also must show that these restrictions are narrowly tailored to serve that interest.

In the case at hand, the lower court found that 1) wild horse roundups have traditionally been open to the public and 2) open access plays an important role in “protecting the interests of the overpopulated horses and news gathering for the benefit of the public.”

However, the court ruled in the government’s favor.  The U.S District Court judge found that the access restrictions were warranted by concerns over safety and effective horse gathering.   The NPPA and Reporters Committee for Freedom of the Press strongly disagree. Our objections were outlined in the brief to the Ninth Circuit:

“The court afforded too much discretion to the Government to decide whether observing the gathers was safe, without recognizing that journalists routinely – and critically – face far more dangerous situations on a regular basis without official interference or protection.  [T]he court below denied meaningful public and press access to the horse roundups, while sustaining unconstitutional restrictions on such access.”

The press groups contends that the restrictions as they stand do not allow meaningful access to the roundups.  Photographers simply cannot get adequate images from the locations they are relegated to.  Further, the government has not presented convincing evidence that the roundups are dangerous to the point that such restrictive locations are needed.

This is especially so, the brief notes, because viewing “large, remote operations like wild horse roundups is not an option for most people,  [and] the media act as public surrogates, conveying those images to a vast public audience and enabling the public to satisfy its civic duty in monitoring the government.”

“The BLM restrictions on access are very similar to those used to limit recording police activity in public places as well as being analogous to the right of access to courtroom proceedings,” said Mickey H. Osterreicher. “We also pointed out to the 9th Circuit in our argument and with an appendix of photographs, just how uniquely important and compelling visual images are to the newsgathering process,” he added. “We are hopeful that the Court will take judicial notice of that important distinction in our favor,” Osterreicher added.

Laura Leigh is represented by Gordon M. Cowan. His brief may be read here. The other news media organization that joined in the brief were: the American Society of News Editors, The Association of American Publishers, Inc., the First Amendment Coalition, Battle Born Media LLC, the Los Angeles Times, the Student Press Law Center, the National Press Club, National Public Radio, Inc., The Nevada Press Association, the Reno Gazette-Journal, The Seattle Times Co., Stephens Media LLC and the Society of Professional Journalists.

Posted in Access, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Regulations limiting photography, Reporters Committee for Freedom of the Press | No Comments »

California Parks Department Responds to Incident with Film Crew

June 13th, 2013 by and tagged , , , , , , , , , , , , , , , , , ,

A month after being notified the California Department of Parks and Recreation has responded to a letter sent by NPPA general counsel Mickey Osterreicher regarding an incident during which parks employees detained a news crew and ordered them to delete their footage. KGTV Team 10 reporter Mitch Blacher and photojournalist Arie Thanasoulis were on public property at San Onofre State Beach on April 29, 2013 shooting footage for a story on the San Onofre Nuclear power plant when they were approached by a parks employee who accused them of trespassing, blocked their vehicle and ordered them to stop recording.

That employee, later identified as Bob Warman, then called State Parks Police Officer Ennio Rocca  who arrived and also proceeded to harass and threaten to arrest the pair for doing nothing more than recording video of the plant from an area open to the public.  Officer Rocca in turn called an unidentified employee of Southern California Edison, who arrived on the scene dressed in full SWAT gear. The three of them then ordered the crew to delete whatever video they had already shot under threat of arrest.While the trio claimed the news crew was standing on private property, the “no trespassing” sign they referred to turned out to be for “no parking,” while a fisherman and a woman walking her dog are visible in video footage in an area they alleged was “secure.” Although the news crew complied with the unreasonable demand and deleted a file containing the footage they were able to broadcast a story using video contained on a second file.

In his letter Osterreicher called the actions of the parks officers “a clear violation of the First and Fourth Amendments.” “It is one thing for officers to act when there is probable cause, Osterreicher wrote, “it is quite another to abuse that discretion in order to create a climate that infringes upon free speech under the pretext of safety and security.” He requested that the “matter be fully investigated and the employees properly disciplined if so indicated.” Osterreicher also advised the department by email of another incident that occurred on May 14, 2103 involving its officers, who detained and questioned two other photographers, JC Playford and Gerry Nance, filming near the power plant gate.

Responding to the NPPA, California Department of Parks & Recreation Chief Counsel Claire LeFlore agreed that the officers had overstepped their bounds. “In hindsight, they may have acted with an overabundance of caution while detaining the news crew,” LeFlore said, “but there was never an intention to violate anyone’s constitutional rights.” LeFlore noted that the incident came shortly after the Boston Marathon bombing, and at that “staff was on high alert for the possibility of additional terrorist actions.” Osterreicher responded to that statement in a subsequent interview, saying, “it is indeed unfortunate that well-meaning people still somehow equate an act of terrorism with photography.” “In the Boston tragedy it should be duly noted that law enforcement requested anyone who had pictures or video of the event provide them voluntarily – not delete them,” he added.

The importance of defending sensitive targets is well understood, but, as Osterreicher noted, “in any free country the balance between actual vigilance and over-zealous enforcement is delicate.” LeFlore says all personnel involved in the incident have been counseled on how to properly deal with the press “so that First Amendment rights can be protected and both the press and [parks] staff can carry out their functions with minimal interference with each other.” Officers have also been counseled that there is no legal basis for the seizure or destruction of photographs or video.

Osterreicher also sent copies of his letter to officials from Southern California Edison, the owners of the plant but received no response. In its report 10News quoted a spokeswoman for the utility, as saying, “a security officer ‘responded conservatively when he indicated to a television crew his preference that they stop filming and delete their video.'” Osterreicher also responded to that statement, “Indicating a preference that someone stop filming is a far cry from illegally ordering someone to do so under threat of arrest.” “Aside from being factually incorrect, the arrogance of Southern California Edison in their failure to respond to our letter, unrepentant statements to KGTV and behavior of their employees speaks for itself,” he concluded.

The NPPA has offered to work with the California Department of Parks and Recreation to improve their guidelines and training regarding these matters in order to avoid similar situations. The parks department says it will consider NPPA suggestions in implementing an expanded staff training program.

KGTV reporter Mitch Blacher said in an email, “It is encouraging to see the California state parks police work to remedy the oppression of constitutional rights by their officers,” adding, “As American citizens and working journalists our treatment was highly troubling.” “More questions need to be asked as to why California parks police and staff followed the direction of non-sworn private security personnel instead of the federal and state constitutions they swore an oath to uphold.”  1oNews Special Projects Executive Producer Ellen McGregor added, “As a manager behind-the-scenes, who talked for quite some time on the phone with parks police that day, Mickey’s offer train the agencies on the First and Fourth Amendments proves the NPPA’s commitment to a free press, and the journalists at KGTV are grateful.”

Posted in Access, Assault on Photographers, Attack Photographers, California, detained, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Recording, Regulations limiting photography, trespass | No Comments »

« Previous Entries