August 23rd, 2012 by Alicia Calzada and tagged Arrest, first amendment, journalism, journalist, law, Legal, Mickey Osterreicher, national press photographers association, NPPA, NYPD, photographers, photography, photojournalism, photojournalist, police, police relations, Press Credentials
Today (8/23/12) the New York Police Department (NYPD) returned the press credentials of a New York Times photographer who had his equipment and credentials seized following his arrest on August 4th.
Robert Stolarik, who was arrested on charges of obstructing governmental administration and resisting arrest while photographing police activity on assignment, said, “My cameras were returned to me two weeks ago. Getting my gear back was the first step and now I have my credentials. The next part of this process will be getting the charges dropped.”
The return of his credentials was a result of the efforts by National Press Photographers Association (NPPA) general counsel, Mickey H. Osterreicher and New York Times attorney George Freeman, who expressed his satisfaction with “such a great result.” Osterreicher who negotiated with NYPD legal staff said, “We are very appreciative that the NYPD reconsidered their position with regard to the return of Robert’s credentials but still believe it is unfortunate that they were taken in the first place and we will work very diligently to see that the charges are dismissed.” “We hope the department uses this incident as a teachable moment in improving police-press relations in NY,” Osterreicher added.
The return of the seized equipment on August 10, 2012 came days after the National Press Photographers Association (NPPA) sent a letter to Deputy Commissioner Paul J. Browne of the NYPD that objected to the rough treatment and arrest of Stolarik and requested that his equipment be returned to him.
Osterreicher also sent a letter to the editor which was published by the NY Times on that same Friday morning, in which among other things, the NPPA attorney urged “the New York Police Department to work with us to improve training and supervision for its members starting from the top down .”
Posted in Assault on Photographers, confiscated, First Amendment, Fourth Amendment, Fourth Amendment rights, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, NYPD, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Robert Stolarik | 19 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 »
March 27th, 2012 by Alicia Calzada and tagged Arrest, boston commons, first amendment, journalism, photographers, photography, photojournalism, photojournalist, police, police relations, recording, right to record, simon glik, video
The Boston Globe is reporting that the City of Boston has paid $170,000 to settle a civil rights lawsuit filed against them after they arrested a man for photographing police activity on the Boston Commons.
The underlying case was the subject of an earlier appellate ruling which held that “peaceful recording of an arrest in a public space that does not interfere with the police officers’ performance of their duties is not reasonably subject to limitation.” Glik v. Cunniffe, 655 F.3d 78, 84 (1st Cir. 2011).
The case began over four years ago, when Simon Glik was walking past the Boston Commons and noticed three police officers arresting a man. An attorney who believed that the officers might be using excessive force, Glik began recording with his cell phone. Police arrested Glik and charged him with, among other things, violations of the wiretap statute. All charges against him were either dropped or dismissed and Glik filed a federal suit alleging that officers violated his civil rights. The officers argued official qualified immunity but the court denied it, and an appellate court upheld the ruling, holding that “a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.” Glik v. Cunniffe, 655 F.3d 78, 85 (1st Cir. 2011).
The Boston Police Department initially defended the officers and in 2008 issued a memo stating that the two officers involved did nothing wrong, but back in January the department stated that the two officers would face discipline and used “ureasonable judgment,” according to the Globe.
See other articles on the case by Massacusetts Lawyers Weekly, ARS Technica, and Carlos Miller’s blog.
Read an earlier NPPA post on the First Circuit decision of Glik v. Cunniffe.
Posted in Boston Police, Cameras, cell phone cameras, First Amendment, Massachusetts ACLU, Newsgathering, Photographers' Rights, photojournalism, Police, Recording, Recording Police, video cameras, Wiretap Law | 43 Comments »
March 16th, 2012 by Alicia Calzada and tagged Access, Arrest, first amendment, Legal, national press photographers association, photography, police, police relations, video
The city of Boston will be paying out $1.4 million to a man who was tackled by police while videotaping.
According to the Boston Globe, Michael O’Brien accused a police officer of knocking him to the ground while he was videotaping another police officer with a cell phone.
Read the full story here.
Boston is also the city where attorney Simon Glik case was arrested for videotaping police arresting and beating a man in the Boston Commons. The First Circuit, a federal appeals court, recently ruled that Glik’s First Amendment rights were violated by the arrest.
Posted in Access, Boston Police, First Amendment, Massachusetts ACLU, Newsgathering, Photographers' Rights, photojournalism, Police, Recording, Recording Police, video cameras, Wiretap Law | 22 Comments »
January 18th, 2012 by Alicia Calzada and tagged Access, edward r. baier, journalism, journalism school, journalist, Mickey Osterreicher, national press photographers association, photojournalism, police relations, san diego
Earlier this week NPPA member and San Diego freelance photojournalists Edward R. Baier was arrested while covering an incident near the San Diego River.
Reports state that Baier was on public property and complied with officers in respecting a perimeter they set up. Yet he was arrested and his camera gear was seized.
The department responded to NPPA almost immediately, with Assistant Chief Boyd Long telling Osterreicher that the equipment would be returned and that an internal investigation had been initiated. Baierâ€™s camera, tapes and other seized equipment were returned to him the next day.
After the incident Baier said, â€œif it wasnâ€™t for Mickey Osterreicherâ€™s letterÂ from theÂ NPPA I would not have had my equipment returned to me.â€ â€œI am very proud to be a member of an organization the has the legal resources available to its membership at anytime,â€ he added.
To read the letter sent by NPPA, click here: San Diego Police Letter 01-16-12-1
See also, article here.
Posted in Access, Cameras, confiscated, First Amendment, First Amendment rights, Legal, National Press Photographers Association, News Photography, Photographers' Rights, photojournalism, Public Photography | 19 Comments »
November 23rd, 2011 by Alicia Calzada and tagged Access, first amendment, journalism school, Legal, national press photographers association, news industry, newspapers, occupy wall street, photojournalism, police, police relations, zuccotti park
After meeting on Wednesday with several media attorneys, including NPPA general counsel Mickey Osterreicher, NYPD Commissioner Raymond Kelly ordered that a “Finest” message be disseminated reminding officers of their obligations to cooperate with the media. The message will be read at 10 consecutive roll calls citywide.
“I’m pleased to see such a swift response from the Commissioner, of course this is just the first step in ensuring that this doesn’t happen again,” said Osterreicher. “We expect more to be done in the near future to help improve police-press relations which have devolved so significantly.”
The Finest message highlights various guidelines that instruct police on how to deal with the media, including that “Members of the service will not interfere with the videotaping or the photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship. Working Press Cards clearly state the bearer ‘is entitled to cross police and fire lines.’ This right will be honored and access will not be denied.”
The message also states: that “Members of the service who unreasonably interfere with media access to incidents or who intentionally prevent or obstruct the photographing or videotaping of news in public places will be subject to disciplinary action.”
The meeting on Wednesday came after a letter was sent by media organizations on Monday complaining about the way police mishandled the media during last week’s “eviction” of Zuccotti Park, the home of months of Occupy Wall Street protests. Police officers arrested several journalists and also used force against several journalists during the raid.
Read the entire contents of the plannedÂ NYPD Finest message, as it was provided to the NPPA.
Posted in Cameras, First Amendment, mass media, National Press Photographers Association, NPPA, NYPD, Photographers' Rights, photojournalism, Police, Public Photography, Recording Police, Street Photography, Uncategorized | 18 Comments »
November 21st, 2011 by Alicia Calzada and tagged Access, first amendment, journalism school, national press photographers association, news industry, NPPA, photographers, photography, photojournalism, police, police relations, video
New York – The National Press Photographers Association was joined by several media organizations and the Reporters Committee for Freedom of the PressÂ in a letter to the NYPD Deputy Commissioner of Public Information, Paul J. Browne, to protest police mistreatment of the the media during the Occupy Wall Street protests last week. The strongly worded letter drafted by NPPA general Counsel Mickey H. Osterreicher along with New York Times vice president and assistant generalÂ counsel, George Freeman, pointed out that “credentialed media were identified, segregated and kept away from viewing, reporting on and photographing vital matters of public concern. A press pen was set up blocks away and those kept there were further prevented from seeing what was occurring by the strategic placement of police buses around the perimeter. Moreover, there have been numerous instances where police officers struck or otherwise intentionally impeded photographers as they were taking photos, keeping them from doing their job and from documenting instances of seeming police aggression.”
The letter outlines several specific incidents in which members of the media were physically assaulted by police. It also describes how members of the media were ordered to leave public areas, stripped of their credentials, threatened with arrest, detained and arrested.
During an August 2011Â meeting Browne hadÂ promised to review previous media complaints regardingÂ other incidents involving police interference with the media and his agreement to considerÂ additional training to reinforce media guidelines, for newer officers on the force.Â Browne had agreed at the time that additional training for officers would be beneficial. The media representatives who authored the letter expressed their beliefÂ “that had such agreed upon training occurred, it may have helped avoid the numerous inappropriate, if not unconstitutional, actions and abuses the police heaped upon both credentialed and non-credentialed journalists in the last few days.”
A companion letterÂ was sent by the New York Civil Liberties Union to New York City Mayor, Michael Bloomberg making similar complaints. Both groups have asked for a meeting withÂ the police in order to address these issues.
Read the complete letter here:DCPI Letter – Signed 11-21-11
See articles by the New York Press Club. and the Associate Press.
Posted in broadcasting, First Amendment, First Amendment rights, law, Legal, mass media, multimedia, National Press Photographers Association, News Photography, NPPA, NYPD, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Recording Police, video cameras | 4 Comments »