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NPPA Sends Letter Opposing Proposed Anti-Paparazzi Statutes in California

April 23rd, 2013 by Joan Blazich and tagged , , , , , , , , , , , , , , , , , , ,

 *** UPDATE *** In the wake of opposition from NPPA and other groups the CA Assembly Judiciary Committee made both AB-1256 and AB-1356 “2 year bills.” A 2 year bill is one which will not move out of the policy committee this year. It is eligible to be taken up again at the beginning of the 2nd year of the biennial session thus the term “2 year bill.” In January, the Legislature will hear all bills introduced in the 1st year and those that pass muster will begin to move through the process. This is very significant because every other anti-paparazzi bill that has been introduced has flown through the Legislature. This is the first time one has been held up. While the AB-1256 and AB-1356 are not dead, this indicates the sponsors may have a difficult time getting out of Judiciary in January.

The National Press Photographers Association (NPPA) today sent a letter to California Assembly Member Richard Bloom opposing two recently filed anti-paparazzi statutes that he sponsored. The NPPA was joined by twenty-six other organizations in sending this letter, including the Associated Press Media Editors, Digital Media Law Project at Harvard University’s Berkman Center for Internet & Society, Bloomberg News, North Jersey Media Group Inc., The New Yorker, E.W. Scripps Company, The New York Times, The Los Angeles Times, Society of Professional Journalists, Radio Television Digital News Association, The Associated Press, National Public Radio, Inc., The McClatchy Company, Reuters News, Time Inc., The Washington Post, Reporters Committee for Freedom of the Press, Picture Archive Council of America, Cox Media Group, American Society of News Editors, California Newspapers Partnership, The First Amendment Coalition, Courthouse News Service, The Newspaper Guild, Communications Workers of America, Association of Alternative Newsmedia and San Francisco Bay Media Associates.

The letter is written in opposition to proposed bill AB-1256, “An act to amend Section 1708.8 of, and to add Section 1708.9 to, the Civil Code, relating to civil law.” Proposed bill AB-1256 would expand upon California’s constructive invasion of privacy law. The letter also expresses opposition to AB-1356, “An act to amend Section 1708.7 of the Civil Code, relating to stalking,” which would enhance California’s anti-paparazzi statutes.

“We believe the creation of a civil cause of action for the “constructive invasion of privacy” is overly broad and vague and imposes greater civil penalties upon otherwise protected forms of speech and expression,” wrote Mickey Osterreicher, general counsel for NPPA. Osterreicher continued, “We are also concerned that remedies for invasion of privacy and trespass are already properly addressed by current California statutes and that statutory and punitive damages will further chill free speech and create uncertainty about liability.” “Additionally,” stated Osterreicher, “the definition of “commercial purposes” fails to distinguish those acts done for valid newsgathering purposes and in fact penalizes publishers and broadcasters along with visual journalists and members of the public with a camera.”

In the letter Osterreicher cites recent Supreme Court cases which support NPPA’s position that AB-1256 and AB-1356 are unconstitutional, including U.S. v. Stevens, 559 U.S. ___, 130 S. Ct. 1577 (2010) (holding the Animal Crush Video Prohibition Act of 2010 unconstitutional); California v. Superior Court of California (Raef), Case No. BS140861 (holding California statute AB-2479, an anti-paparazzi statute, unconstitutional); and Branzburg v. Hayes, 408 U.S. 665 (1972) (holding that “without some protection for seeking out the news, freedom of the press could be eviscerated”).

In another related matter a California assembly member withdrew his proposed “ag-gag” bill hours before it was to be considered at a scheduled hearing.

The measure, AB-343, sponsored by Jim Patterson, R-Fresno, originally imposed a “duty to report animal cruelty” that would have required “any person who willfully or knowingly photographs, records or videotapes animal cruelty . . .” to “submit all original photographs, recordings or video to local law enforcement and the owner of the animal(s) or a representative of the owner within forty eight hours of taking such photographs, recordings or video.”

NPPA and other groups opposed the bill as violating the Shield Law provisions of the California Constitution and Code of Evidence; as well as being unconstitutional under the First, Fourth, Fifth and Fourteenth Amendments in that it abridged free speech and press and constituted an unreasonable seizure lacking in due process.

“The NPPA is very proud to have the support of so many state and national organizations in its fight against these ongoing First Amendment erosions,” said NPPA President Mike Borland. “We hope that lawmakers around the country will realize that there is a better way to address their constituent’s concerns than to propose unconstitutional bills,” he added.

Posted in ag-gag, anti-paparazzi, California, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, Paparazzi, photographers, Photographers' Rights, photojournalism, Recording, Regulations limiting photography | 3 Comments »

NPPA Works with the New Mexico Dept. of Homeland Security to Amend Its Policies Regarding Photography

March 12th, 2013 by Joan Blazich and tagged , , , , , , , ,

The National Press Photographer’s Association (NPPA) recently worked with the New Mexico Department of Homeland Security (NMDHS) to revise policies regarding photography in its online Suspicious Activity Reports (SAR). NPPA General Counsel Mickey Osterreicher was initially alerted to the issue when NPPA member Amanda Emily wrote on the NPPA Facebook page on Feb. 19 about the issue: “If you ever visit New Mexico, don’t bother photographing “historic structures and national landmarks” among other subjects….it’s considered a suspicious worthy of reporting to their fusion center.” This is the original version of the NMDHS SAR policy.

Several NPPA members commented on Ms. Emily’s post, including Osterreicher, who on Feb. 20 sent an email to Mr. George Heidke, General Counsel for the NMDHS, about the NMDHS’s SAR forms. In that email Osterreicher recommended that NMDH modify their SAR to remove both the “Activity (photography) checkbox” as well as the “Q & A” answer directing that “You should immediately report people who photograph, videotape, sketch . . .” which immediately preceded that checkbox because both portions on the SAR form indicated that photography in general constituted a suspicious activity. Osterreicher then quoted from a “Report It Form” issued by the Spokane County Sheriff’s Office which describes the appropriate way to address photography in the context of a SAR, and which he also had a part in correcting in 2011:

“These activities are generally First Amendment-protected activities and should not be reported absent articulable facts and circumstances that support the suspicion that the behavior observed is not innocent, but rather reasonably indicative of criminal activity associated with terrorism or other crimes, including evidence of pre-operational planning related to terrorism. Race, ethnicity, national origin, or religious affiliation should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions).”

In his email, Osterreicher also pointed to a FPS (Federal Protective Service) bulletin which recognizes the First Amendment rights of photographers to take photographs of federal buildings unless such activity gives rise to a reasonable concern of suspicious activity. He then said, “photography by itself is not a suspicious activity and is protected by the First Amendment.” ”Unfortunately the reliance by law enforcement officers to question, detain and interfere with lawful activities by photographers under the guise of preventing terrorist activities has become a daily occurrence, ” he added. ”The abridgement of a constitutionally protected activity because of that erroneous belief is only reinforced by your specific reference to photography as possibly being part of some sinister act.” Osterreicher concluded the email by again urging Mr. Heidke to consider amending the NMDHS SAR form to remove its references to photography.

In a not too surprising coincidence, world-reknowned photojournalist David Burnett also wrote to Robert McGee, Chief Information Officer for NMDHS, stating his concerns over ”the potential for extremely negative backlash which the public might feel, based on the . . . guidelines such as they are outlined on your website.”  ”Photography is not a crime,” he went on, adding “those of us who carry cameras on a daily basis have to deal with the increased sense of paranoia, and often ill-conceived reactions by much of the public over something as simple as taking a photograph of a historic landmark building, or a natural wonder.  In fact, let’s be honest, the world at large would hardly  know of any of the wonders of New Mexico were it not for the photographs which have become iconic in their own way, over the years.”

Burnett pointed out that “photography remains a passion for millions of Americans (and others), and the artistic expression through which we see the world with our cameras is unquestionably one of the great visual joys of our time.  I fear that in an attempt to rally public interest in protecting society at large, you may have put at risk something which provides a great deal of joy , and which no doubt through commerce and tourism, add a great deal of benefit to New Mexico,” concluding with a plea to “reconsider the manner in which you seek to engage the public re: ‘suspicious activity’  as we all want to live in a safe environment, but to do so at the cost of being suspected as ‘terrorists’ or ‘criminals’ for merely engaging our right to take photographs, is something which in the end does not properly serve the public at large.” Burnett also shared copied Osterreicher on his email.

NPPA is pleased to report that on March 6, Osterreicher received an email from Mr. Heidke which stated: “The Department has concluded its review of the SAR instructions and has posted new guidelines on its website. We appreciate your comments. Thank you.” “This incident serves as a reminder that everyone must remain vigilant to ensure that these types of postings are corrected to avoid the chilling effect they have on our First Amendment rights,” Osterreicher said. The communications between the two attorneys also show the ability of NPPA to contact and work with law enforcement and other government agencies in a positive, instructive manner to help improve relationships between photographers and those entities. NPPA encourages its members to communicate such issues as the NMDHS’s old SAR policy to Mr. Osterreicher so that the NPPA can continue its mission of advocating as the voice of visual journalists. The new NMDHS link can be found here and the new form here.

Posted in David Burnett, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism, SAR, Suspicious Activity | No Comments »

NPPA to Participate in Sunshine Week; Seeking Photos from Members

February 14th, 2013 by Joan Blazich and tagged , , , , , , , , , , , , ,

The National Press Photographer’s Association (NPPA) is participanting in Sunshine Week, March 10-16, 2013, along with a number of other organizations, led by cosponsors – the Reporter’s Committee for Freedom of the Press (RCFP) and the American Society of News Editors (ASNE). Sunshine Week is a national initiative which was launched by the Florida Society of Newspaper Editors in 2002. “Sunshine Sunday” (as it was named) was a response to attempts by the Florida legislature to limit the state’s public records law. In  2003, ASNE expanded that initiative by hosting a Freedom of Information Summit in Washington which has now expanded to a weeklong event promoting the importance of open government and freedom of information. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public’s right to know.

As part of NPPA’s participation,  general counsel Mickey Osterreicher will moderate a panel discussion on Friday, March 15 regarding the right to photograph and record in public.  Panelists will include Washington Metropolitan Police Department Public Information Officer Gwendolyn Crump; attorney Mary Borja of Wiley Rein LLP in Washington; freelance photojournalist and independent video producer Mannie Garcia; Linda Epstein, senior photo editor for McClatchy-Tribune Information Services and attorney Robert Corn-Revere of Davis Wright Tremaine.

That panel is part of the Shoot Off Visual Media Workshop will be held in Arlington, VA. The program presents  the best speakers, mentors, editors and judges throughout the country, who volunteer for this prestigious event that aligns service members with the national press corps, industry leaders and veteran military photographers. These workshops are for all levels and provide professional development in helping to fill training gaps for photographers.

As another “first” NPPA members are encouraged to participate in Sunshine Week by contributing images of “open government” to the Sunshine Week toolkit. This toolkit is a free resource available to any Sunshine Week participant including professional and student journalists working in any medium; bloggers; civic and non-profit organizations; schools; and government officials (for activities related to open government only). NPPA members are encouraged to photograph their interpretation  and submit those images for use in the toolkit. These “open government” photographs can be literal or artistic, big government or small, or even not government-related at all—the concept and interpretation is left entirely to the photographer.

Images should be shot and emailed to Debra Gersh Heranadez at sunshineweek@asne.org by March 7, 2013. Please include “NPPA Sunshine Week Submission” in the subject line. To see materials already available in the toolkit for use by participants in their Sunshine Week Coverage, visit: http://sunshineweek.rcfp.org/toolkit/.

By submitting images to the Sunshine Week toolkit, photographers grant permission for those images to be used by Sunshine Week participants only between March 10-16, 2013. No compensation will be given for materials submitted to the toolkit. All materials submitted to the toolkit will be used with appropriate attribution. Upon conclusion of Sunshine Week most items in the toolkit will be taken down except for those granting additional permission for them to remain on the site. Those submitting images also agree that the copyright remains the property of the photographer or employer of the photographer. All participants agree that by submitting images, photographers give permission to NPPA and Sunshine Week to reproduce submissions on the NPPA website as well as in the Sunshine Week Toolkit. Reasonable precautions will be taken to ensure security against unauthorized electronic reproduction.

To read more about the mission of Sunshine Week, visit http://sunshineweek.rcfp.org/.

 

Posted in American Society of News Editors, First Amendment, National Press Photographers Association, NPPA, Open Government, photographers, photojournalism, Reporters Committee for Freedom of the Press, Sunshine Week | No Comments »

NPPA Joins Lawsuit Against NYPD

October 22nd, 2012 by Joan Blazich and tagged , , , , , , , , , , , , , ,

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 | 4 Comments »

Charges Against 2 Student Journalists Dropped in Atlanta

October 15th, 2012 by Joan Blazich and tagged , , , , , , , , , , , , , , , ,

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 »

NPPA, RCFP Keep Journalists Safe During Conventions

September 10th, 2012 by Justice Warren and tagged , , , , , ,

John West proudly displays his NPPA affiliation while covering protests during the DNC. Photo by Mickey H. Osterreicher

One could easily imagine that, after seeing how well things went during the RNC in Tampa, that members of the Charlotte-Mecklenburg Police Department (CMPD) might have let their guard down as the DNC began.  To the contrary, officers there remained on high alert throughout the convention and made use of every available resource to ensure that the DNC would go just as smoothly.

Mark Newbold, Deputy City Attorney for CMPD, said that after inclement weather deterred protestors at the RNC, CMPD officers were prepared for an increase in DNC protests.  While the number of protestors stayed below their expectations, Newbold said that his department’s preparedness allowed those who did come to protest to do so with limited police involvement.

“Most of the protestors, even the rowdy ones, have been willing to comply,” Newbold said.  “The main focus of the police is that we don’t focus on speech, we focus on criminal behavior.  You can say and do what you want as long as you don’t take violent acts against people or property.”

Protestors take a break in the middle of the street during the DNC. Photo by Mickey H. Osterreicher

While the CMPD sought to create an open environment for demonstrations, several protestors were arrested during the convention.  However, no journalists were arrested, a fact that Newbold credits in large part to NPPA General Counsel Mickey Osterreicher, who came to Charlotte in April to help educate and train officers regarding First and Fourth Amendment rights.  Newbold said the work of the department and the NPPA helped to create understanding between journalists and police rather than confrontation.

“After things went as well as they did in Tampa I was concerned that the coverage of the protests in Charlotte might be more problematic, but fortunately the feedback I received was that the police were extremely professional, cordial  and accommodating in both cities,” Osterreicher said. “It is a credit to the Tampa and Charlotte-Mecklenburg police departments that they were not only willing to embrace the idea of allowing the media to do their jobs but that they properly trained officers from so many other agencies to adopt and adhere to that policy,” he added.

Just like during the NATO Summit in Chicago, where Superintendent Gary McCarthy led his officers and in Tampa, where Police Chief Jane Castor and Hillsboro County Sheriff David Gee led theirs – CMPD Chief of Police Rodney Monroe was out on the street directing operations. It is believed that this hands-on approach is also credited with encouraging proper behavior and discipline by officers.

Charlotte-Mecklenburg Police Chief Rodney Monroe out on the street with his officers. Photo by Mickey H. Osterreicher

Brian Cunningham, public information officer (PIO) for CMPD, said that an important step the department took was to place field PIOs in several locations to work with the media.  The PIOs answered journalists’ questions and informed them of where to go.  Cunningham also credits Osterreicher with helping the department develop policies such as the field PIO program.

“Mickey helped with training on working with the media for large scale events,” Cunningham said.  “We were able to train our entire department in media relations, which was critical to our success.”

Highly visible Public Information Officers were on the scene. Photo by Mickey H. Osterreicher

Journalists across the nation feared the worst in the days leading up to the Republican and Democratic National Conventions.  Memories of the mass arrests of protestors and journalists during the 2008 conventions in St. Paul and Denver had not faded, and the arrest of journalists across the nation had steadily increased each year since then.

Although no journalists were arrested during the DNC, on the Saturday before the convention, Washington Post photographer Bonnie Jo Mount said she was approached by Bank of America security guards, who told her that she was not allowed to photograph the outside of their building even though she was on a public sidewalk.

Mount got in touch with Osterreicher, who immediately contacted the head of Bank of America corporate security and the head of security for the building to get clarification on their policies regarding photography.  Osterreicher said that the heads of security acknowledged that Mount had every right to photograph the building from the street, and assured him that the security guards would be made aware of the policies reflecting that right.

“It was very clear from my conversations with Bank of America that they were not happy about some of their overzealous security officers and were more than willing to remedy this problem,” Osterreicher said. “Later in the week I took a picture of the security fence and a guard in front of the building and no one said a word.”

Bank of America corporate security guard outside their headquarters in Charlotte. Photo by Mickey H. Osterreicher

There was also some Twitter traffic regarding two journalists being confronted by police at the direction of “undercover agents” who the journalists had apparently recognized and photographed. According to reports one of the journalists voluntarily deleted his images after both were stopped and searched by uniform police. No official complaints about this incident or any other interference with journalists were received by the Reporters Committee for Freedom of the Press (RCFP), which ran a hotline for journalists to handle any problems.

“If [the hotline] keeps one person from going to jail and allows them to get back on the street and reporting the news, then it’s worth it,” said Gregg Leslie, Interim Executive Director for RCFP.

Leslie said the hotline’s inception resulted from strife between police and the media back in 1972, when journalists felt that police were targeting them for arrest.  Since then, attorneys have stood at the ready for when a call comes through from a distressed journalist.

“Over the years it’s really been useful,” Leslie said.  “One to two times during a convention, there will be a mass arrest and reporters will get swept into it.” The NPPA and the Reporters Committee have worked together in the past but Osterreicher said the “cooperation between our organizations is a concrete example of what can be accomplished by partnering on these critical issues.”

In order to give journalists the best chance to have their charges dropped and get back to reporting, RCFP employed attorneys in the host cities of the convention.  This year those positions were assumed by Gregg Thomas and Carol LoCicero of the Tampa firm Thomas & LoCicero, and John Buchan of the Charlotte firm McGuire Woods. They attributed the fact that no calls of problems being received to the level of preparation that went into training officers for the convention.

“We informed the police from the outset that we were here and what our plans were [in the event of a journalist's arrest],” Thomas said.

LoCicero said that officers were very receptive to the training that they offered prior to the convention, noting that the Tampa Police Department implemented a policy requiring an officer to get approval from a supervisor before making an arrest of a member of the media.

Buchan especially credits the work done by NPPA and the Reporters Committee in the months prior to the convention for informing officers of press rights and the importance of remaining cognizant of those rights while protecting public safety.  Buchan said the Charlotte-Mecklenburg Police Department (CMPD) did a great job of using the training to see that police and journalists alike would be able to do their jobs during the convention.

“The police in Charlotte really went to school on what happened in St. Paul and Denver and especially at this year’s Chicago NATO Summit,” Buchan said.  “They didn’t want a repeat of the arrests that took place in 2008 and they did a great job implementing policies to ensure that did not happen.”

Everyone had a camera and was taking photographs or recording. Photo by Mickey H. Osterreicher

Osterreicher noted that while he still continues to deal with photographers being interfered with and arrested on an almost daily basis around the country he is very pleased that in those situations where the police have made a concerted effort to avoid such confrontations, they have for the most part not occurred. “The NPPA board of directors made a decision in January of this year to take substantive steps to avoid a repeat of the mass arrests that took place during protests at prior national conventions,” Osterreicher said. “I am very appreciative of the support and direction I received from the board and the opportunity to have helped in some small measure,” he added.

NPPA President Sean Elliot said, “this is a great example of the positive effect of pro-active efforts by NPPA and other groups to reach-out to government agencies;” adding  “journalists, not just NPPA members, owe Mickey and all those involved in these efforts, a debt of gratitude.” “It is my sincere hope that such success can be built upon and spread to more routine interactions between the police and visual journalists,” he concluded.

Posted in Access, Democratic National Convention, First Amendment, National Press Photographers Association, photographers, photojournalism, Reporters Committee for Freedom of the Press, Republican National Conventiob, Uncategorized | 1 Comment »

NPPA General Counsel Helps Keep RNC Journalist-Friendly

August 29th, 2012 by Justice Warren and tagged , , , , , , , , , , , ,

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 »

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