February 5th, 2015 by Alicia Calzada and tagged Access, first amendment, free speech, journalism, journalist, national press photographers association, Newsgathering, NPPA, photographers, photojournalism
Yesterday, the National Press Photographers Association (NPPA), joined by twelve other news and photographers’ organizations and First Amendment advocacy groups, filed comments with the Fairfax County Park Authority strongly objecting to their proposed permit and fee structure.
The proposed scheme would require all professional photographers to obtain a “professional photography permit”. Further, the permit would take 5 days to process, making it nearly impossible for news photographers to obtain one in time for most news situations, for which there is little to no warning.
The comments, authored by NPPA general counsel, Mickey Osterreicher, explains that “the proposed rules, create an unnecessary and burdensome distinction between amateur and professional photographers. Whether the images being made and recorded are for journalism, weddings or any other type of photography/filming (hereinafter “photography”), distinguishing between professional photographers and amateurs who are doing precisely the same things, at the same times, and in the same places, is arbitrary, capricious and unconstitutional.”
NPPA has always argued that permits in parks should only be required if the photographer’s presence would create a disruption. As the comments explained, “We believe that the proper question to ask is whether the photography creates any unusual impact on the land. If the activity presents no more impact on the land than that of the general public, then it should be exempt from permit and fee requirements.”
In the submitted comments Osterreicher went on to explain that, “unfettered access is necessary in coverage of the important public policy issues that arise in the conservation and use of public park resources. Journalists should be free to report to the public on public issues from public lands at any time. That protection should extend not only to individuals traditionally identified as newsgatherers, but also for freelance visual journalists and members of the public who may use cameras on a speculative basis to photograph or film activities on public lands without having an assured media outlet for their work.”
The other groups joining in the letter were: the American Photographic Artists, the American Society of Media Photographers, the American Society of News Editors, the Associated Press Media Editors, the Association of Alternative Newsmedia, the Graphic Artists Guild, the North American Nature Photography Association, PACA Digital Media Licensing Association, the Radio Television Digital News Association, the Reporters Committee for Freedom of the Press, the Society of Environmental Journalists, the Society of Professional Journalists and the White House News Photographers Association.
Posted in Access, American Society of News Editors, First Amendment, First Amendment rights, National Press Photographers Association, Newsgathering, NPPA, Permits, photographers, Photographers' Rights, photojournalism, Public Photography, Regulations limiting photography, Reporters Committee for Freedom of the Press, White House News Photographers Association, WHNPA | No Comments »
March 15th, 2013 by and tagged Jeremy Barr, Joe Biden, Lucy Daglish, national press photographers association, NPPA, Philip Merrill College of Journalism, photographer, photography, photojournalist, rcfp, reporter, Reporters Committee for Freedom of the Press, Rockville, University of Maryland, Vice President, White House New Photographer's Association, WHNPA
The National Press Photographer’s Association (NPPA) today joined with the White House News Photographers Association (WHNPA) and the Reporters Committee for Freedom of the Press (RCFP) in sending a letter to Ms. Kendra Barkoff, Press Secretary for the Office of the Vice President of the United States. The letter, signed by NPPA president Mike Borland, WHNPA president Ronald Sachs, and RCFP executive director Bruce Brown, was written in response to a March 12 incident in which a journalist covering an event featuring the Vice President in Rockville, Maryland, was ordered by a Vice Presidential staff member to delete all images of the event on his camera.
As reported by the Capitol News Service, Jeremy Barr, a member of the Capitol News Service, a student-staffed news agency run by the University of Maryland’s Phillip Merrill College of Journalism, covered an event discussing domestic violence held by Vice President Joe Biden, Attorney General Eric Holder and Maryland Sen. Ben Cardin. Barr stated that he “unknowingly sat in a section of the crowd designated as a non-press area” because “I didn’t see any demarcation that would have designated a press entrance versus a general entrance.” “The event began and I took a few photos of each speaker,” said Barr, as “people a few rows in front of me were also taking photos.”
According to reports, after the event concluded Barr was approached by Vice Presidential staffer Dana Rosenzweig who asked Barr whether had taken any photos of the event. When Barr responded that he had taken photos, Rosenzweig demanded that Barr delete all images of the event from his iPhone while Rosenzweig watched, telling Barr that by sitting in the non-press area he had gained an unfair advantage over other members of the media who also attended the event. Barr complied with Rosenzweig’s request, stating that “I assumed that I had violated a protocol; I gave her the benefit of the doubt that she was following proper procedures.” Rosenzweig then ordered Barr to wait while she informed her supervisor of the incident, and after a ten minute delay Barr was permitted to leave.
Lucy Dalglish, dean of the Phillip Merrill College of Journalism, filed a formal complaint with the Vice President’s press office, stating that “this was pure intimidation,” and that “it’s clear from the circumstance that the journalist did nothing wrong.” Poynter reported that Dalglish stated in her complaint that “Rockville is not a third-world country where police-state style media censorship is expected.” Biden Press Secretary Kendra Barkoff apologized to Barr and Dalglish in separate phone conversations shortly after Dalglish’s complaint was filed. Barkoff told Dalglish that “the incident was a total miscommunication,” stressing that “it is never the press office’s policy to request that reporters delete photos.” Barkoff declined to speak about the incident on the record with the Capitol News Service, and calls to Rosenzweig were not returned.
In the letter to Barkoff the NPPA, WHNPA and RCFP state that “while we commend your office for immediately apologizing . . . we do not believe that such a blatant violation of free press/speech rights protected under the First Amendment should pass without comment.” The letter goes on to cite a May 14, 2012 letter from the Department of Justice to the Baltimore Police Department from a similar case which stated that “Under the First Amendment, there are no circumstances under which the contents of a camera or recording device should be deleted or destroyed.”
The NPPA, WHNPA and RCFP concluded the letter by commenting that “In order to ensure that situations like this one do not ever happen again . . . we would like to meet with members of your staff to discuss “event” coverage from your perspective and ours.” It is the NPPA’s hope that a meeting with the Vice President’s staff will better inform staff members as to the First Amendment rights of photographers and journalists, and will prevent future incidents such as this from occurring again.
Posted in DOJ, First Amendment, First Amendment rights, National Press Photographers Association, photographers, Photographers' Rights, photojournalism, Reporters Committee for Freedom of the Press, Student, Vice President Press Office, Visual Journalists, White House News Photographers Association, WHNPA | No Comments »