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NPPA Joins with 80 Groups in Statement Condemning Attacks on Press Freedoms

March 3rd, 2017 by Mickey Osterreicher and tagged , , , , , ,

Athens, GA, 3/3/2017 – The National Press Photographers Association (NPPA) joins with the National Coalition Against Censorship (NCAC) and the American Society of News Editors (ASNE), along with more than 80 other organizations committed to the First Amendment right of freedom of speech and the press, condemning efforts by the Trump administration to demonize the media and undermine its ability to inform the public about official actions and policies. In a joint statement released today, the groups stress that the administration’s attacks on the press pose a threat to American democracy.

The statement cites numerous attempts by the administration to penalize and intimidate the press for coverage the President dislikes, including refusing to answer questions from certain reporters, falsely charging the media with cover-ups and manipulation of news, and denying certain media outlets access to press briefings.  Official designation of the media as “the opposition party” escalated when the President described the New York Times, CBS, CNN, ABC, and NBC News as “the enemy of the American people!”

The statement emphasizes that an independent and free press is the Constitution’s safeguard against tyranny. Its job is not to please the President but to report accurately on the actions of public officials so the public has the information to hold power accountable. Efforts to undermine the legitimacy or independence of the press, the statement reads, “betray the country’s most cherished values and undercut one of its most significant strengths.”

“It is extremely difficult to know how best to respond to this administration’s treatment of the press,” said NPPA President Melissa Lyttle. “Some days it makes me want to laugh, others to cry, but mostly it just makes me want to scream and reinforces the importance of the fourth estate in a democratic society. It is instructive to remember that while President Obama was beautifully documented by the official White House photographers, it was often at the detriment of many other visual journalists who were denied meaningful access to important events and meetings. But such restrictions pale in comparison to the outright anger and hostility toward the press as an institution, as displayed by President Trump,” she added.

“The press plays an essential role in democracy, by serving as an independent watchdog on government conduct and as the main source of information for the public,” said NCAC’s Executive Director Joan Bertin. “The constitutional right to freedom of speech and to petition the government for a redress of grievances cannot be exercised in a meaningful way without access to information about what the government does in our name.”

“Given his actions and rhetoric during the campaign, the attacks on the press by President Trump should not be a surprise to anyone,” said Mizell Stewart III, president of the American Society of News Editors. “Every American should be concerned about this administration’s coordinated attempts to marginalize journalists and threaten the public’s right to know.”

READ THE STATEMENT

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For more information contact:

Mickey H. Osterreicher  [email protected]  716.983.7800

Posted in American Society of News Editors, First Amendment, First Amendment rights, National Coalition Against Censorship, National Press Photographers Association, NPPA, Trump Administration, U.S. Constitution | No Comments »

NPPA, Joined by Other Groups Sends Letter Requesting Return of Seized Equipment

February 28th, 2017 by Mickey Osterreicher and tagged , , , , , , , , , , , , , , , ,

***** UPDATE 3/1/17 *******

The seized cameras, phones and equipment belonging to visual journalists, Tonita Cervantes and Tracie Williams, was returned to them today.

Today, the NPPA joined by the Committee to Protect Journalists, the Native American Journalists Association, the Online News Association and the Society of Professional Journalists sent a letter to Morton County State’s Attorney, Allen Koppy, seeking the return of all equipment and personal items seized from visual journalists, Tonita Cervantes and Tracie Williams subsequent to their arrest last week while covering events at the Dakota Access Pipeline camp. Their attorney, Matthew E. Kelley, of Levine Sullivan Koch & Schulz, LLP made a similar request yesterday.

This follows on the heels of a previous letter sent by the same group urging officials to allow journalists to do their work at Standing Rock.

Today’s letter also requests that “the charges be dropped against these two journalists in the interst of justice.”

Posted in Access, Assault on Photographers, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, Photographers' Rights, 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 13 Organizations Files Comments in Support of Electronic Recording and Audio-Visual Coverage of Court Proceedings in NYS

November 13th, 2015 by Mickey Osterreicher and tagged , , , , , , , , , ,

The NPPA, joined by 13 other organizations filed comments today with the New York State Office of Court Administration (“OCA”) in support of proposals to revise and update the Unified Court System (“UCS”) rules regarding electronic recording and audio-visual coverage of court proceedings in the state.

The letter also supports proposed revisions to the definition of audio-visual coverage and other proposed clarifications excluding still photography from the definition of audio-visual coverage. Additionally the letter affirms support of the proposed goals set by the Communications & Media Law Committee of the Association of the Bar of New York City: “(i) consistently maintaining the distinction between audio-visual coverage and still photography throughout the rules and using consistent terminology to avoid confusion; (ii) emphasizing that there should be a presumption in favor of permitting both audio-visual and still photographic coverage to the extent consistent with Section 52 of the Civil Rights Law, with ultimate decisions left to the presiding judges; and (iii) eliminating certain restrictions on coverage created or continued by the proposed revisions that go beyond the requirements of Section 52.”

It urges OCA “to exercise its authority to ensure that New York’s court system, which has been a beacon of progressive policies for the nation, does not fall further behind than it already has under some of the anachronistic rules promulgated at a time when televisions used vacuum tubes and at best could receive 12 channels, broadcast in black & white for a few hours a day.”

Addressing those opposed to the proposed changes, NPPA general counsel, Mickey H. Osterreicher wrote, “the tired arguments that camera coverage will: prejudice a defendant’s fair trial rights, their right of privacy, the prosecution’s ability to have witnesses comply with subpoenas, as well as the detrimental effect cameras will have on lawyers, judges, and other participants are just that – threadbare and unsubstantiated. But the more crucial point is not how cameras affect either side in a litigation. It is whether cameras will increase the public’s confidence in our justice system. Nothing is more fundamental to our democratic system of governance than the right of the people to know how their government is functioning on their behalf. That, we submit, is a higher value which should drive the debate here; and is the central point about which the Bar Association, the Unified Court System and, indeed, the legislature should be concerned.”

The groups joining in the letter were: Associated Press Media Editors, Associated Press Photo Managers, The Deadline Club/New York City Chapter of the Society of Professional Journalists, Media Law Resource Center, New York News Publishers Association, New York Press Photographers Association, New York State Broadcasters Association, Inc., The NewsGuild of New York Local 31003, CWA, North Jersey Media Group, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Scripps Media, Inc., d/b/a WKBW-TV and Society of Professional Journalists.

Posted in Access, Cameras, Cameras in the Courtroom, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism | No Comments »

Join NPPA Now!

September 10th, 2015 by Mickey Osterreicher and tagged , , , , , , ,

To those of you who read the Advocacy Blog or follow us on Facebook and who support NPPA through their membership – thank you. To those considering joining or renewing their lapsed memberships please get off your best intentions and do it today (https://nppa.org/join-nppa). For those of you who just take a free ride by viewing the news and information provided by NPPA on our website, Twitter and Facebook, I urge you to join now.

NPPA cannot do the advocacy it does without members and money. It cannot take a leadership position, where 32 major news organizations joined in a letter that I drafted to convince the Governor of California to veto a constitutionally suspect drone bill (http://www.usatoday.com/story/tech/2015/09/10/california-drones-veto-governor-jerry-brown-news-photographers/71987132/), without you.

Aside from your actual dues NPPA receives money from a copyright organization based upon our membership numbers – so think of joining as part of a matching fund. It is unfortunate to report that our membership numbers continue to decrease when commonsense would expect just the opposite.

If you want our advocacy efforts to continue, but moreover, if you want NPPA to continue to be heard as the strong “Voice of Visual Journalists” then please support us and join today!

Posted in National Press Photographers Association, NPPA | No Comments »

NPPA Joined by 32 Other Media Groups Urges Gov. Brown to Veto CA Anti-Drone Bill

September 3rd, 2015 by Mickey Osterreicher and tagged , , , , , , ,

Today the National Press Photographers Association (NPPA) sent a letter to California Governor Jerry Brown urging him to veto SB 142, which would create strict liability for anyone operating a drone over the “airspace overlaying the real property” of another person or entity without “express consent.” The letter was joined by 32 other media organizations.

“We believe this bill will unduly restrict the development of new uses for Unmanned Aircraft Systems (UAS) by establishing a technology-specific restriction that is impossible to comply with, impossible to enforce, and likely will conflict with the existing authority and proposed new regulations of the Federal Aviation Administration (FAA), said NPPA general counsel Mickey H. Osterreicher, in the letter. He went on to say, “while the bill acknowledges the FAA Modernization and Reform Act of 2012, its language flies in the face of both common sense and federal preemption,” adding “the chilling legal repercussions of this bill will tax an overburdened court system and thwart the federal government’s efforts, in which we are participating, to bring about a sensible regulatory regime for this new technology.”

Those groups joining in the letter are: Advance Publications, Inc., American Society of News Editors, Associated Press Media Editors, Associated Press Photo Managers, Association of Alternative Newsmedia, CNN, First Look Media, Inc., Gannett Co., Inc., Hearst Corporation, KBAK-TV (Bakersfield), KERO-TV (Bakersfield), KGTV-TV (San Diego), KMPH-TV (Fresno), KXTV-TV (Sacramento), Los Angeles Times Communications LLC, Merced Sun-Star, Newspaper Association of America, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Scripps Media, Society of Professional Journalists, Student Press Law Center, The Associated Press, The Desert Sun, Palm Springs, The Fresno Bee, The McClatchy Company, The Modesto Bee, The Sacramento Bee, The Salinas Californian, The (San Luis Obispo) Tribune, Tulare Advance-Register and Visalia Times-Delta.

 

Posted in Access, broadcasting, California, drone, Drones, First Amendment, First Amendment rights, Newsgathering, photographers, photojournalism | No Comments »

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