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Some Practical Advice about Covering High Conflict News Stories

April 28th, 2015 by Mickey Osterreicher and tagged , , , , , , , , , , , , ,

See the attached document containing some practical advice about covering high conflict news stories.

Issues covered:

  • Legal
  • Local Ordinances
  • Federal Trespass
  • Resources
  • Important items to have with you
  • Potential for arrest
  • Complying with police orders
  • Being questioned and detained
  • Protecting your files
  • Arrest & release
  • Practical advice
  • Preparation
  • Your equipment

These have been put together as a result of covering the NATO Summit in Chicago in 2012 the political conventions in Tampa and Charlotte later that year and the demonstrations in Ferguson in 2014.

For more information please contact:

Mickey H. Osterreicher

Cell 716.983.7800

Email [email protected]

Twitter @nppalawyer

 

 

Posted in Access, Baltimore Police, Baltimore Riots, cell phone cameras, Ferguson, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, Legal, Maryland ACLU, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Recording Police, Reporters Committee for Freedom of the Press, retaliation for the exercise of First Amendment rights | No Comments »

A Tale of Two Cases: How Photographers Are Being Squeezed From All Sides

November 20th, 2013 by Mickey Osterreicher

Today was a picture perfect example of how photographers are being squeezed from all sides. On the front end photographers are being interfered with and arrested on an almost daily basis nationwide for doing nothing more than trying to do their jobs by photographing and recording matters of public concern on city streets.

In one such case a NYC Criminal Court jury acquitted photographer Jason Nicholas today on a misdemeanor count of Obstructing Governmental Administration. Mr. Nicholas was arrested in 2011 for allegedly interfering with NYNJ Port Authority Police while covering a news story. A previous trial resulted in a hung jury but the district attorney chose to re-try him. Afterwards Mr. Nicholas said, “this is a victory for us and a swift and resounding defeat for the police and prosecution!” “Now maybe we can get this to stop on behalf of all journalists,” he added.

On the back end where photographers works are being used globally without their permission, Daniel Morel was sitting in a federal courtroom a few blocks away from Mr. Nicholas. He is pitted against Agence France Press (AFP) (and Getty Images) in a copyright infringement case. Read about this case along with updates here.

Liability for infringement has already been established. The only remaining defendants in the counterclaim case are AFP and Getty Images, as the other defendants have already settled with Mr. Morel.  All that is left for the jury to decide is how much each of them (AFP & Getty) must pay in damages. Click here for a running blog of the six (6) days of testimony.

Attorneys for both sides are expected to make their closing arguments tomorrow morning in the Southern District of New York Courthouse located at 40 Foley Square in New York City. Judge Nathan’s courtroom is on the 5th floor for those of you able to attend.

So on one day within a few blocks of each other I was able to view some of the major challenges facing photographers around the world and also witness how two of them chose to stand up for their rights and by so doing take a stand against those who would violate our constitutional and copyrights.

 

Posted in Access, AFP v Morel, Agence France-Presse, Assault on Photographers, contracts, copyright, copyright infringement, Daniel Morel, False Arrest, First Amendment, First Amendment rights, Fourth Amendment rights, Getty, Lawsuit, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Recording Police, retaliation for the exercise of First Amendment rights, social networking, Twitpic, Twitter | 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 »

NYPD Returns NY Times Photographer’s Press Credentials

August 23rd, 2012 by Alicia Calzada and tagged , , , , , , , , , , , , , , , ,

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 | No Comments »

Covering the Conventions and Protests

August 7th, 2012 by Mickey Osterreicher and tagged , , , , , , , , , , ,

                                                            © 2012 Photo by Mickey Osterreicher

*** UPDATE 09-05-12 ***

Things to know while covering the DNC in Charlotte today

DNC on Wednesday: president arrives; new protests, closures

Charlotte Road Closures for Wednesday 9/5/12

*** UPDATE 09-04-12 ***

Here’s where you can park in Charlotte today

Charlotte Road Road Closures for Tuesday 9/4/12

*** UPDATE 09-03-12 ***

Charlotte Road Road Closures for Monday 9/3/12

First Lady to arrive in Charlotte on Monday

Details for CarolinaFest on Monday

*** UPDATE 09-02-12 ***

Two arrested during first DNC march of about 700 protestors in Charlotte

Security intensifying in Charlotte as DNC gets closer

 *** UPDATE 09-01-12 ***

Occupy Charlotte re-opens camp blocks from DNC at Marshall Park. Expect buses carrying protesters from Tampa and other cities to begin arriving this weekend.

 *** UPDATE 08-26-12 ***

Tampa Joint Information Center (JIC) Announcement #1

RNC cancels events in expectation of Isaac with tropical storm warning in effect. Driving rain & winds 39-73 mph tonight. Also expected – flooding and increased risk of tornadoes

 *** UPDATE 08-25-12 ***

Republican Convention in Tampa will convene on Monday and immediately recess due to Tropical Storm Isaac says Chair Reince Priebus on Saturday night,

Occupy Tampa events calendar for RNC in Tampa

Secret Service designated road closures for the RNC in Tampa begin today at noon and remain in effect thru 6 pm on 8/31/12

Tampa Police, ACLU team up for tips for RNC protesters and media

*** UPDATE 08-24-12 ***

Please use #Journarrest on Twitter to obtain the latest information about or to report an arrest of a journalist

Updated RNC Security Map

Click here for RNC Protest Information Updates

5,000 person protest march planned for Monday, 8/27/12 in Tampa

*** UPDATE 08-23-12 ***

Announcing a Guide to Reporting at the 2012 Republican and Democratic National Conventions. The Digital Media Law Project (which supports indy and online journalists) just released an amazing guidebook for reporting on the conventions. Everything from local laws to closed streets and prohibited items and resources for dealing with police and secret service… it’s a huge resource and should be really valuable

Media Logistics Briefing at the RNC for Credentialed Journalists – Media credentials, transportation, perimeter, operations and security to be discussed

Free Press – The Right to Record

Some Conventional Wisdom: Looking at the ’72 DNC in Miami Beach 40 Years After

*** UPDATE 08-22-12 ***

Severe WX: With the projected path of Tropical Storm Isaac expected to come close to Tampa make sure you bring foul weather gear 

RNC – Security Perimeter – Prohibited items. As stated on this site “As a condition of entry, the following items are inadmissible for safety and security reasons and will not be permitted within the security perimeter established for the 2012 Republican National Convention.” The “security perimeter” is the area controlled by the RNC and Secret Service. Proper credentials (delegates, media, etc.) will be required to enter that area.

It also appears that those entering the security perimeter with “Media” credentials will be exempt from the prohibition against:

Camcorders and cases, large cameras with lens (over four inches); Voice enhancement devices, such as bullhorn; Tripods for cameras; Backpacks or carry cases for binoculars, cameras.”

*** UPDATE 08-20-12 ***

RNC: Tampa Security Zone & Street Closures Map. Also RNC Security Plan Info 

DNC: Security Zone Maps:Vehicle restrictions around TWC ArenaPedestrian restrictions around TWC ArenaVehicle restrictions around BofA StadiumPedestrian restrictions around BofA StadiumRestrictions around government center complexRestrictions around Charlotte Convention Center

*** UPDATE 08-16-12 ***

The Reporters Committee for Freedom of the Press has Published its Hotline Numbers for both Conventions. Write these numbers down and keep them readily accessible. Do not just put them in your cellphone as that might be seized if your are arrested!!!!

Visual Journalists may also contact me by phone or text at 716-983-7800. I will be present at both conventions.

Republican National Convention, Tampa, FL

  • Hotline: 813-984-3076 or 813-984-3078
  • Legal Counsel: Thomas & LoCicero PL
  • Operation: The local hotline will remain open around the clock from Friday, Aug. 24 through the end of the convention

Democratic National Convention, Charlotte, NC

  • Hotline: 704-343-2063; backup numbers 704-904-5834 or 919-428-5883
  • Legal Counsel: McGuireWoods LLP
  • Operation: The local hotline will be in service 24 hours a day from Friday, Aug. 31 through the end of the convention

Overview

In preparation for the expected protests during the upcoming political conventions being held in Tampa, FL (Republican – August 27-30) and Charlotte, NC (Democratic – September 3-6) I have conducted training with the police agencies in both cities regarding 1st and 4th Amendment rights of citizens and journalists. It is our hope to avoid a repeat of the interference with and the arrest of journalists that occurred four years ago in Denver and St. Paul.

NPPA was also instrumental in working with the Chicago Police Department prior to and during the NATO Summit held in May. I provided training to about 200 supervisory officers in April that was well received and was out on the streets along with police, protesters and the media for three days of marches and rallies throughout the city.

If the NATO protests were any indication, then journalists covering events outside the conventions can expect that everyone–mainstream media, bloggers, citizen journalists, protesters, and bystanders–will have a camera of one kind or another. With the widespread proliferation of cellphone cameras, capable of recording high-quality images along with audio and video, it seemed like everybody was documenting everything and everyone.

Legal Issues

For journalists recording audio of any type there was a heightened concern in Illinois that police would be enforcing the state’s Eavesdropping Act, which criminalizes (with a possible sentence of 15 years in jail) audio recording of police officers performing official duties in a public place without their consent but fortunately in the case of ACLU v. Alvarez, the U.S. Court of Appeals for the Seventh Circuit found the law to be unconstitutional only days before the start of the summit and granted a preliminary injunction against its enforcement. The Illinois State’s Attorney has indicated that she intends to appeal that decision to the U.S. Supreme Court this fall.

In a similar case – Glik v. Cunniffe, the U.S. Court of Appeals for the First Circuit held that individuals possess “a constitutionally protected right to videotape police carrying out their duties.” For those covering the Tampa convention, the Eleventh Circuit (which is controlling in Florida) also recognized a “First Amendment right . . . to photograph or videotape police conduct” in the 2000 case of Smith v. Cumming. And for those covering events in Charlotte, the law in the Fourth Circuit (which is controlling in North Carolina) is less settled, according to a 2009 one-page, unpublished per curium conclusory opinion in Szymecki v. Houck, that the “right to record police activities on public property was not clearly established in this circuit at the time of the alleged conduct.”

NPPA asserts that the right to observe and record police officers performing their duties in a public place is a recognized form of free speech through which the press and the public may gather and disseminate information on matters of public concern. First Amendment protections regarding such activity, while not absolute, may only be limited by reasonable time, place, and manner restrictions, the courts ruled in Glik and Smith.

But the “reasonableness” of a reasonable time, place, and manner restriction is often in the eyes of the beholder. Police issuing an order to disperse may expect everyone including those with cameras to leave the area while journalists may believe that moving back or out of the way constitutes compliance.

Local Ordinances

Both Tampa and Charlotte have established security zones (see Tampa Secret Service info) around their respective convention centers. Those ordinances also ban a long list of items deemed to be potential weapons, so journalists who might come prepared with gas masks may find they are violating the new restrictions by carrying one. Also prohibited from places designated as “public viewing areas” are: “sticks, poles, ladders, monopods, bipods, and tripods.” These cities have also established “free speech zones,” where permitted marches may take place and speakers may address the public. It is also important to note that many of the streets in Charlotte that appear to be public are actually privately owned by many of the banks in that city, which may further complicate the right to record.

Federal Trespass

Another concern will be the enforcement of H.R. 347 also known as “The Federal Restricted Buildings and Grounds Improvement Act of 2011,” which was signed into law in March, making it a federal offense to cause a disturbance at certain events. More specifically, anyone who trespasses on specified property or at times and locations “so restricted in conjunction with an event designated as a special event of national significance” may be prosecuted and subject to a fine or imprisonment or both. Both conventions have been designated a “National Special Security Event” by the Department of Homeland Security.

Under this “trespass bill” anyone “knowingly” entering a restricted area under Secret Service control who “engages in disorderly or disruptive conduct” or “who, with the intent to impede or disrupt the orderly conduct of government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; or attempts or conspires to do so, shall be punished” accordingly. The bill also creates a floating bubble of protection around the president and other dignitaries, so although those covering the protests may be outside of the designated zones, they may still fall under the ambit of the law.

Other Resources

NPPA has also been working with a number of other organizations including the Reporters Committee for Freedom of the Press (RCFP), the American Civil Liberties Union (ACLU), the National Lawyers Guild (NLG), the Society of Professional Journalists (SPJ) and the Committee to Protect Journalists (CPJ). The RCFP has recently made available a mobile app for reporters that, according to its website, “gives reporters in the field immediate access to legal resources, particularly in situations where newsgathering or access may be stymied.” They also have a handbook entitled “Police, Protesters and the Press” available for free download. Additionally the Reporters Committee has partnered with prominent law firms in Tampa and Charlotte to assist “journalists who may be impeded or arrested” in those cities while covering the news. As I did in Chicago I have been working with the lawyers at Thomas & LoCicero in Tampa and McGuireWoods LLP in Charlotte. These firms will be providing free 24-hour legal assistance through a hotline available for journalists covering events in those cities. The RCFP main hotline number is 800-336-4243. Write important numbers down on your arm or another easily viewed part of your body so you have them if you need them.

It might also be informative to look at a recent study of human rights violations by police against those covering OWS as well as a story about a settlement in a federal lawsuit by a journalist who was arrested during the 2009 G-20 Summit in Pittsburgh.

Important Items

Important items to always have with you: government-issued photo I.D. (i.e. valid driver’s license), press credential(s) or press identification card(s) (if you have any), credit card(s) and some cash (in case you need to post bond). For its members NPPA also has available for purchase a “Member ID” which some have found a useful form of identification.

Potential for Arrest

When covering demonstrations, protests, marches and rallies you should be aware that there is a risk of arrest. Just because you may be a journalist, have a camera or believe that you have a lawful reason for being present to observe, document and report on these events does not provide immunity from being arrested along with those participating in these events. For example do not expect that you will be able to cross or walk through police lines. If you need to do so it is always advisable to seek permission before acting.

Complying with Police Orders

If a police officer orders you to move it is advisable to comply with the request. How far you move is something that you will have to decide for yourself. If you believe that the order is not a reasonable one, ask to speak to a supervisor or the public information officer if that is possible. It is important to be very aware that most police officer do not like to be questioned or challenged once they have told you to do (or not do) something and a mere hesitation, question or request may result in your detention or arrest. Only you can make that judgment call as to what to do. Every situation is different as is every police officer’s reaction to your behavior. For the most part officers have been trained to respond in an appropriate manner, but given that we all have different personalities and the fact that they may be standing out in the summer heat for many hours, sometimes in helmets and riot gear you should not necessarily count on them to be as reasonable as you might like.

Being Questioned or Detained

If you are questioned or detained remember to remain calm and act professionally. Do not get into an argument about your rights. If you are able to have a reasonable discussion that is one thing but if it becomes apparent that the officer is not interested in your point of view it is usually best to move on. Discretion is the better part of valor. If you are told that you are not free to leave or under arrest it is strongly advised that you immediately do what you are told. Officers deem anything less than full compliance as resisting arrest and will then escalate the force they believe is necessary to effectuate that arrest. That means you may be forcibly thrown to the ground, set upon by more than one officer and have your equipment broken in the process. This may occur not matter how compliant you are, but it best to cooperate to the fullest extent possible. It is also important that you identify yourself as a journalist as often as possible so there is no question who you are or what your purpose was in being there. At the first appropriate moment request that a commanding officer or the PIO be notified that a journalist is being detained or has been arrested.

Your Files

While covering these events police may ask to see your images, recordings or files. Be aware that you do not have to consent to such a request. They may try to intimidate, coerce or threaten you into doing so but “consent” must be voluntary. You should know that absent consent or “exigent circumstances” an officer may not seize your camera. Exigent circumstances only exist where an officer has probable cause to believe a crime has been committed AND that you have captured evidence of that crime on your camera AND that there is also a strong likelihood that such evidence may be lost if the camera is not seized. This last element should be difficult if not impossible to satisfy given that the main purpose of a journalist is to gather and disseminate information and images.  Even when police do seize a camera they cannot view its contents without a proper warrant. There have been other instances where police have ordered journalists to delete files or have exercised self-help by deleting those files themselves. According to the Department of Justice “under the First Amendment, there are no circumstances under which the contents of a camera or recording device should be deleted or destroyed” (emphasis added).

For many of the reasons listed above it is very important that journalists work in pairs or groups so that someone may be able to notify those of us working to protect your rights that you have been arrested or are in police custody. Another suggestion is that, to the extent possible, start recording events before a situation becomes a problem and continue to record for as long as possible. Such recordings may be the best evidence to refute whatever you may be charged with.

Also be aware that many police agencies will be working at these events. The Secret Service, FBI and Department of Homeland Security (DHS) will all have a presence as will the state police along with local city and county agencies. Each has an area of jurisdiction and each may be tasked with enforcing certain laws and ordinances. Just because you receive permission from one officer does not mean that another officer only a few feet away may deny that request. Don’t expect things to make perfect sense. Try to be flexible, creative and patient while covering these situations.

Arrest & Release

If you are arrested it is crucial to remember that anything you say may be used against you and possibly lead to additional charges. Saying you are a journalist is one thing. Talking about what happened is another. The charges against journalists arrested in these situations are usually misdemeanors, violations or infractions. Such charges may include but are not limited to: disorderly conduct, failure to disperse, trespassing, unlawful assembly, disturbing the peace, failure to follow a police order and obstruction. If you are arrested expect to be handcuffed behind your back (with traditional metal handcuffs or plastic zip-tie cuffs). You will also have to be processed, which includes having your fingerprints and photograph taken and your personal information such name, address, age,  date of birth and social security number run through a national computer check for any previous criminal record or outstanding wants (other law enforcement agency looking for you) or warrants.

Once that process is complete (which may take hours depending on the number of those arrested and the number of officers assigned to booking) and depending on the charges bail will be set. Bail acts as a monetary guarantee that you will return for further court proceedings. Sometimes you may be released in your own recognizance (no money required) but that is unlikely if you are from out-of-town. In most you may be able to post a bond (another form of bail) or have someone do that for you.

The type of bond most often used for the types of charges listed above is known as a Signature or I-Bond. Such a bond requires that you post a minimal amount of money (i.e. $75.00 – $200.00) by cash or credit card.  It is very important that you receive and securely keep your bond receipt because it usually contains all the information for your next court appearance including the date and location. You will also need that receipt in order get your money back once your case has been adjudicated. If you fail to appear in court the money posted will be forfeited to the court, an arrest warrant will be issued and once found you may be arrested again.

Practical Advice

In terms of practical advice, aside from looking for great images make sure you maintain “situational awareness” or in simpler terms – know what is going on around you and how it might affect your safety. Not only is it important to be aware of what the police are doing but after this past May Day demonstration where journalists were attacked by those who did not want to be photographed or just did not like the main stream media you should also keep an eye on those who might wish to cause you harm. See the Anarchist News posting.

It is very important to pay attention to your gut instinct and always look toward having a safe way out of the crowd. Once again, I would strongly recommend working in pairs or in a group so that you can watch each other’s backs (it is easy to get tunnel vision when your eye is up to the viewfinder). This also will help should you be injured or arrested and are unable to notify anyone of your situation. Fortunately for Getty’s Joshua Lott, he was with Scott Olson who immediately reported Josh’s arrest and we (the attorney for the RCFP and me) were able to immediately contact the Chicago Police, get the initial felony charges of mob-action reduced to the misdemeanor reckless conduct and obtain his release a short time later.

Training for law enforcement officers has included advice regarding the rights of journalists and the directive that they are not to be interfered with so long as they do not violate the law, create a safety hazard or interfere with police operations. While identifying yourself as a journalist may reduce the likelihood of arrest or help speed your release the best practice is to avoid being caught-up in a mass arrest by remaining near the edge of any large demonstration and also leaving yourself an avenue of escape if needed.

Preparation

It goes without saying that it will be hot in Tampa at the end of August and not much cooler in Charlotte during the first week in September. Stay hydrated. Have plenty of water with you (also be on the lookout for places where they will be providing free bottles of water). Stay in the shade when possible.

Wear light-colored, loose-fitting clothing. Dress neatly – if you don’t want to be confused with the protesters try to find a way to not look like them. Wear sunglasses and a hat. Apply sunscreen liberally and often. Watch out for fire ants if you do sit down anywhere outside. Be aware of the weather and check weather reports. Aside from it being hurricane season, thunderstorms are a common occurrence so watch out for lightening.

You may also consider purchasing a plastic insert for the inside of a baseball hat which will keep the sun off your head and provide some protection “against lacerations, bumps and scrapes to the head area.”

There is some debate about wearing vests or hats with PRESS written in large type. On one hand it leaves no doubt about your purpose but on the other may make you a target. The one thing you should do is clearly display your press credentials or ID’s if you have them.

Other items you may wish to have with you are eye protection and something to cover your nose and mouth with such as a surgical or painters mask. Of course sometimes wearing a mask will bring you extra police scrutiny but if the police have already deployed OC spray or other crowd control agents the benefit of the mask might well outweigh the downside. If you wear contact lenses consider going back to wearing glasses for the time you are out covering the protests. See How to prepare for OC Spray.

Your Equipment

Visual journalists carry equipment ranging from a cellphone camera or a simple point-and-shoot to high-end digital cameras, Betacams, laptops and other gear worth thousands of dollars. No matter what you use, the equipment is essential to doing your job and its safety and security should be of utmost importance to prevent it from becoming damaged, lost, stolen or seized.

For those who use Apple products, make sure that you activate the tracking and auto-lock features on their iPhones and iPads. Also be sure to write down the description and serial numbers of all your equipment and devices and store that list in a safe but easily accessible place in order to file a complete police report and to expedite recovery if they are stolen.

As for camera equipment, some also suggest being well connected to your gear using “Sun Sniper” straps that have steel cables running through them.

Also make backups of all your important files and keep it on a remote computer or USB drive which you have stored in a safe and secure place. Consider using the Cloud or similar remote storage for these files as well for livestreaming of your images in case your camera is lost, stolen or seized by police. For more info on staying safe read Poynter.

Conclusion

Police in Chicago exercised considerable restraint in allowing protesters to move into non-designated areas and did not interfere with non-permitted marches. The Chicago police also did not distinguish between credentialed and non-credentialed journalists when allowing access to most public places and, except for arresting a Getty photographer, did not interfere with those taking pictures, recording video, or livestreaming events. Given that command staff from both the Tampa and Charlotte-Mecklenburg police departments were present in Chicago to observe, it can only be hoped that they will take the same reasonable approach in dealing with these issues.

If you get into trouble or have questions about certain situations please feel free to contact me by email at [email protected] or by text or cellphone at 716.983.7800. For more information and links to reference material click here:

DISCLAIMER – This blog is not intended to be legal advice nor does it create an attorney-client relationship. It is not possible to anticipate every situation. Laws and regulations vary from one area to another and federal, state or local laws may apply. Anyone seeking legal advice should contact an attorney in their area of the country familiar with criminal and First Amendment Law.

Posted in Access, ACLU v Alvarez, Assault on Photographers, broadcasting, Cameras, cell phone cameras, Chicago, Chicago Police, Democratic National Convention, Department of Justice, Exigent Circumstances, First Amendment, First Amendment rights, FL, Florida, Fourth Amendment, Fourth Amendment rights, Glik v Cunniffe, Illinois, Illinois Eavesdropping Law, National Press Photographers Association, NC, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Recording, Recording Police, Reporters Committee for Freedom of the Press, U.S. Secret Service, video cameras | No Comments »

Advisory: Press Conference on Major Legal Action Concerning Suffolk County Police Department

April 10th, 2012 by Mickey Osterreicher

CONTACTS:

Mickey Osterreicher 716.688.7800 / [email protected]

Mike Cummings, NYCLU, 212.607.3368 / [email protected]

Amol Sinha, NYCLU, 631.650.2301 / [email protected]

Tomorrow (4/11/12): Press Conference on Major Legal Action Concerning Suffolk County Police Department

 FOR IMMEDIATE RELEASE

 April 10, 2012 — Tomorrow (4/11/12) at 1 p.m. in Central Islip, the New York Civil Liberties Union, the law firm of Davis Wright Tremaine, LLP, and the National Press Photographers Association will hold a press conference to announce a legal action regarding the Suffolk County Police Department’s policy and practice of obstructing the First Amendment right of the press and the public to record and gather the news about police activity in public places.

The legal action concerns a July 2011 incident in which professional video journalist and NPPA member Philip Datz was unlawfully arrested and detained by Suffolk County police while filming police activity on a public street in Bohemia. Following his release and the return of his equipment and tape, Datz posted video of the encounter on YouTube.

What:

Press conference to announce legal action against Suffolk County Police Department

When:

Wednesday, April 11 at 1 p.m.

Where:

NYCLU Suffolk County Chapter’s office, which is located at the Touro Law Public Advocacy Center, 225 Eastview Drive in Central Islip

Who:

Mickey Osterreicher, NPPA General Counsel

Robert Balin, attorney with Davis Wright Tremaine

Philip Datz

Amol Sinha, attorney and director of NYCLU Suffolk County Chapter

We will provide you with copies of the press release and filed complaint tomorrow.

 

Posted in Davis Wright Tremaine, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYCLU, Phillip Datz, photographers, Photographers' Rights, photojournalism, Police, Privacy Protection Act of 1980, Recording Police, Robert Balin, Sgt. Michael Milton, Suffolk COunty Police, video cameras | 1 Comment »

Rescheduled: Press Conference on Major Legal Action Concerning Suffolk County Police Department

April 9th, 2012 by Mickey Osterreicher

UPDATE – April 10, 2012 ************

Due to the emergency situation in Suffolk County caused by wild fires we have decided to reschedule the filing of the lawsuit and press conference against the County. Our thoughts and prayers go out to all the brave men and women who are working tirelessly fighting this fire.

Unless the emergency situation continues, the press conference is now scheduled for Wednesday, April 11, 2012. We will confirm and update as to time and location as soon as we have more information on the fire.

Thank you for your patience and understanding.

—————————————————-

 April 9, 2012 — Tomorrow at 9:45 a.m. in Central Islip, the New York Civil Liberties Union, the law firm of Davis Wright Tremaine, LLP, and the National Press Photographers Association will hold a media availability to announce a legal action regarding Suffolk County’s policy and practice of obstructing the First Amendment right of the press and the public to record and gather the news about police activity in public places.

The legal action concerns a July 2011 incident in which professional video journalist Philip Datz was unlawfully arrested and detained by Suffolk County police while filming police activity on a public street in Bohemia, NY.

Mr. Datz, Attorney Robert Balin, a partner with Davis Wright Tremaine, and NYCLU Suffolk County Chapter Director Amol Sinha will be available for interviews tomorrow starting at 9:45 a.m. at the NYCLU Suffolk County Chapter’s office, which is located at Touro Law Public Advocacy center, 225 Eastview Drive in Central Islip. Mickey Osterreicher, NPPA General Counsel will be available by telephone 716.983.7800.

 

Posted in Access, confiscated, Davis Wright Tremaine, False Arrest, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, Lawsuit, Legal, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYCLU, photographers, Photographers' Rights, photojournalism, Police, Recording Police, Robert Balin, Sgt. Michael Milton | No Comments »

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