Via The New York Times
May 1, 2024
Members of the public have a right to know what their law enforcement authorities are doing on American campuses, and they were kept in the dark at a critical moment. click for full article
Monroe Gallery of Photography specializes in 20th- and 21st-century photojournalism and humanist imagery—images that are embedded in our collective consciousness and which form a shared visual heritage for human society. They set social and political changes in motion, transforming the way we live and think—in a shared medium that is a singular intersectionality of art and journalism. — Sidney and Michelle Monroe
Via The New York Times
May 1, 2024
Members of the public have a right to know what their law enforcement authorities are doing on American campuses, and they were kept in the dark at a critical moment. click for full article
Via Associated Press: Newspaper publisher and reporter arrested and accused of revealing grand jury information
"In over 40 years of handling media law matters, Bailey said he had “never seen a reporter arrested for publishing truthful information about the existence of a grand jury subpoena.”
Committe To Protect Journalists: Alabama publisher, reporter arrested, charged with disclosing leaked information
“CPJ is outraged by the arrest of Atmore News publisher Sherry Digmon and reporter Don Fletcher and calls on local authorities to immediately drop all charges against them. They should not be prosecuted for simply doing their jobs and covering a matter of local interest, such as the allocation of school board funds,” said Katherine Jacobsen, CPJ’s U.S. and Canada program coordinator. “Journalists play a crucial role in their local communities. Arresting them creates a chilling effect and is a gross misuse of taxpayer funds.”
National Press Club: Press Club leaders condemn arrests of Alabama newspaper reporter and publisher
"Arresting journalists in response to the publication of a news article is contrary to democratic values. It should not happen anywhere in the world, and is especially concerning in the United States, where we have strong and well-established legal protections guaranteeing the freedom of the press."
Via National Press Photographers Association
September 5, 2023
Sept. 5, 2023 - The New York City Police Department (NYPD) has agreed to historic settlement terms with five photojournalists who were attacked and arrested by NYPD during the racial justice protests of 2020. The agreement reinforces the First Amendment rights of the public and the press, provides new protections for journalists operating in New York, and according to the terms of the agreement will improve police training and reinforce proper behavior toward the press.
The settlement resolves a federal lawsuit brought three years ago by attorneys from the National Press Photographers Association (NPPA), along with the nationally recognized law firm of Davis Wright Tremaine LLP and noted civil rights attorney Wylie Stecklow, on behalf of the five photojournalists, Adam Gray, Jason Donnelly, Diana Zeyneb Alhindawi, Mel D. Cole, and Amr Alfiky.
The agreement includes the following terms:
Journalists with press credentials issued by New York City’s Mayor’s Office of Media and Entertainment (MOME) will not need to leave the area when an order to disperse is issued to the general public and members of the press will not be subject to arrest for documenting police activity or for not leaving the general area;
NYPD will not arrest journalists with government-issued credentials for alleged low-level offenses (such as disorderly conduct or obstructing governmental administrations) without prior approval by an incident commander or a Deputy Commissioner, Public Information official. Any summons for such arrests will presumptively be issued to the journalist on site instead of at a police station, thereby discouraging the practice of unlawfully detaining journalists at police stations for hours before charges against them are dropped;
NYPD officers are prohibited from arresting, restricting, or interfering with members of the press for merely observing or recording police activity in public places;
NYPD will recognize the legitimacy of press passes that are issued by jurisdictions outside New York City;
NYPD is required to provide journalists with access “to any location where the public is permitted,” and NYPD officers are barred from putting up crime/accident/incident scene tape or establishing “frozen zones” for the purpose of preventing members of the press from viewing or recording events in public places;
Neither a press pass nor any other form of press identification is needed to observe or record police activity occurring in public places, including areas where protests, crimes, or other matters of public concern are taking place.
In the agreement, the NYPD also—for the first time ever—formally acknowledges that the press has a clearly established First Amendment right to record police activity in public places, and commits itself to respect that right. (See Settlement Agreement, ¶¶ 14, 89.) No press pass or other form of identification is needed to exercise this right. Pursuant to the agreement, the agency will update its guidelines, amend its current policies and training and will specifically train members of the service on treatment of the press and the clearly established right to record police activity in public. The agreement also makes clear that the increased protection for members of the press does not in any way diminish the right of citizens to record police activity in traditional public places.
“Journalists are an essential part of a functioning, civil society and it’s essential that they be allowed to conduct their work free of harassment and assault, especially from state actors,” said Mickey H. Osterreicher, general counsel to the NPPA. “On behalf of our members and all visual journalists, who perform a vital role as watchdogs and witnesses to history, I am very pleased with the terms of this agreement and the changes to police behavior that it demands.”
“This is not an agreement that will simply sit on a shelf,” added NPPA deputy general counsel Alicia Calzada. “It has real teeth and real mandates for improved training of police at all levels. We are hopeful this will truly change law enforcement culture when it comes to First Amendment activities.”
Attorney Robert D. Balin, who led the litigation for Davis Wright Tremaine accentuated the importance of the case. “The treatment that our clients received at the hands of the NYPD was not only unconstitutional, it was unconscionable, and a direct threat to our democratic principles,” Balin said. “I’m proud that these brave photojournalists chose to hold the police department accountable for their actions and I look forward to seeing the terms of this far-reaching settlement implemented for the benefit of all journalists.”
In addition to the policy changes, the settlement agreement also requires that the NYPD provide extensive annual training to all of its officers—ranging from Police Academy cadets to high-ranking executive personnel—on the First Amendment rights of the press and establishes a police-media relations committee to monitor and discuss future incidents involving the press. Additionally, for a period of three years, a committee headed by the New York City Department of Investigation will monitor police activity at protests to ensure that the NYPD complies with its commitments to respect the rights of peaceful protesters, journalists, and legal observers.
While pervasive mistreatment of journalists covering the George Floyd protests was the catalyst for the civil rights suit (see, Testimony of NPPA General Counsel Mickey H. Osterreicher June 15, 2020, OAG Hearing on Interactions Between NYPD and the General Public, p. 207), the scope of the agreement they ultimately hammered out with the NYPD reaches much further. The provisions in this settlement agreement related to the press are not limited to protest situations, but are crucial First Amendment principles that apply whenever members of the press are covering police activity in public.
“The NYPD’s abuse of the media has been a systemic issue for decades, and today’s injunctive settlement hopefully provides a brighter future for protest and the ability of the press and public to document police interactions at First Amendment activities and beyond in this great City,” said Wylie Stecklow, who in addition to his work on this case, regularly represents photographers and protesters whose rights have been violated by the NYPD. “But today’s announced settlement is not the end, it’s just the beginning of re-training and new NYPD policies to ensure there is respect and protection for the press, up and down the NYPD hierarchy. We cannot expect the rank and file to follow these rules related to the respect of First Amendment rights of the media, if high ranking officers are able to violate the rights of the media with impunity and immunity.”
The five plaintiffs in the case are award-winning visual journalists who have published their work in a variety of leading global news outlets, including Reuters, The New York Times, The Times of London, The Guardian, The Wall Street Journal, National Geographic, Paris Match, Le Monde, CNN, BBC, The Atlantic, Rolling Stone, and more.
Adam Gray, former chief photographer for the British press agency South West News Service and repeat recipient of the Photographer of the Year Award by the British Press Photographers’ Association, was the first plaintiff to join the case following his wrongful assault and arrest while covering the protests. He was pushed to the ground without warning, arrested, and detained overnight while covering protests in and around Union Square. “I’m extremely grateful for the no-cost representation provided to me and the other news professionals by Rob, Mickey, Wylie and their teams,” said Gray. “These protests happened during a critical inflection point for U.S. society and I am hopeful this settlement will mark a major change in New York’s police culture as well.”
Jae Donnelly, a well-known photographer, and regular contributor to The Daily Mail, was violently assaulted by a baton-wielding officer while photographing protestors in the Hell’s Kitchen neighborhood. “Our lawsuit has fought to change the NYPD rule book on how NYPD from top to bottom treat us news gathering professionals with the professional courtesy,” said Donnelly. “We deserve to be kept safe before one of us is eventually killed at work. My attack by an NYPD sergeant put myself and my family through much pain,” he added.
Amr Alfiky —who was arrested while photographing police activity on the Lower East Side in February 2020, and, in a second incident, violently attacked by an officer while covering protests at the Barclay’s Center in Brooklyn—celebrated the agreement. “This settlement is indeed historic and goes beyond the compensation for the profound damage caused by excessive use of force and unlawful arrests towards visual journalists and photographers in New York City,” he said. “Hopefully, this is the start of a new era of how journalists are perceived and treated by NYPD.” Alfiky is now a staff photographer for Reuters in the Middle East.
Diana Zeyneb Alhindawi, a renowned documentary and news photographer, who was hit in the face by a baton-wielding officer while photographing police beating a young man in Lower Manhattan said, “as a photographer working in conflict zones around the world, I was stunned when the NYPD struck me with a baton, splitting my lip, when I was simply doing my job on the public streets of NYC a few days after the murder of George Floyd. It was the first time I'd suffered an injury while on the job, and it wasn't in war-torn Congo or South Sudan, but in the New York City. I'm glad to see that in the USA, however, when the rights of the press are so egregiously infringed upon, there is a legal system that can come to our support. I do hope our trial will move things in the right direction for us journalists to be able to do our jobs without fear of unlawful arrest or harm, and ultimately for freedom of the press and a more just society.”
Mel D. Cole, a widely published visual journalist and music photographer, was documenting police-protester clashes from the Brooklyn Bridge footpath when he was arrested, stripped of his cameras, and held for seven hours. “Going to jail for doing your job as a photographer should never ever happen. I'm happy that I can now put what should have never been behind me, but I will never forget the feelings that I had that day while being handcuffed and not being able to free when I should have been!” he said.
These terms are all part of a larger settlement announced today of claims that were brought on behalf of peaceful protestors by the New York Attorney General’s Office, the New York Civil Liberties Union, The Legal Aid Society, Gideon Orion Oliver, and civil rights firms Cohen & Green and the Aboushi Law Firm. The NPPA had previously filed public comments and testified during public hearings regarding the mistreatment of the press during the 2020 protests. Along with the agreed upon terms of the settlement, the photographers will all receive monetary compensation.
This significant civil rights litigation was supported by NPPA counsel Osterreicher and Calzada and a team that consisted of Davis Wright Tremaine counsel Robert D. Balin, Abigail Everdell, Alison Schary, Kathleen Farley, Alexandra Settelmayer, Nimra Azmi, Megan Amaris, Jean Fundakowski and Veronica Muriel Carrioni, and paralegal Megan Duffy, along with attorney Wiley Stecklow of Wylie Stecklow, PLLC.
About the National Press Photographers Association NPPA is a 501(c)(6) non-profit organization dedicated to the advancement of visual journalism in its creation, editing, and distribution. NPPA’s members include video and still photographers, editors, students, and representatives of businesses that serve the visual journalism community. Since its founding in 1946, the NPPA has been the Voice of Visual Journalists, vigorously promoting the constitutional and intellectual property rights of journalists as well as freedom of the press in all its forms, especially as it relates to visual journalism. For more information, go to nppa.org.
Photojournalists settle long fought case against the NYPD (nppa.org)
August 16, 2023
By: Jessica McMaster
County attorney sites 'insufficient evidence' for search, seizure
Via The Brennan Center for Justice
August, 2023
Good Trouble is on exhibition through September 17, 2023. "Protest is an invaluable way to speak truth to power. Throughout history, protests have been the driving force behind some of the most powerful social movements, exposing injustice and abuse, demanding accountability and inspiring people to keep hoping for a better future. The right to protest encompasses various rights and freedoms, including the freedom of assembly, the freedom of association, and the freedom of expression. Unfortunately, these precious rights are under attack and must be protected from those who are afraid of change and want to keep us divided."
Via Committee to Protect Journalists
June 21, 2023
District Attorney Alvin Bragg
New York County District Attorney’s Office
One Hogan Place
New York, NY, 10013
Dear District Attorney Bragg,
We, the undersigned press freedom and civil liberties organizations, write to ask that you drop the disorderly conduct charge (Section 240.20, Subsection 6) pending against photojournalist Stephanie Keith, who was documenting a vigil when she was unjustly arrested by New York City police on the evening of May 8, 2023. Her prosecution would set a harmful precedent of prosecuting reporters simply for doing their jobs and documenting matters of public importance.
Leading up to her arrest, Keith was photographing a vigil organized to commemorate the May 1 killing of Jordan Neely, a homeless man who was choked to death on a New York subway train. Keith had been documenting demonstrations around New York in the wake of Neely’s death, with some of her coverage published in Brooklyn Magazine.
Around 8 p.m., Keith was near the northwest corner of East Houston Street and Lafayette Street when NYPD Chief of Patrol John M. Chell can be seen in a video of the arrest grabbing Keith’s arm. Chell can be seen forcefully pushing her into two officers in jackets marked “NYPD Community Affairs,” while yelling “lock her up.” Keith— who was wearing a press badge and was holding a camera— can be heard saying “Please don’t.” The photojournalist was then handcuffed and taken to the 7th Precinct, and then the 9th, where she was issued a court summons.
Later that evening, Chell said during a press conference that Keith “interfered” with three arrests before officers arrested her. However, Keith was simply doing her job and photographing police action and that evening’s vigil. No video has been released showing any alleged interference.
We are gravely concerned by the charges facing Keith. All of the videos of Keith’s arrest show that she was behaving professionally and trying to photograph events, and do not show her interfering with the police. Keith is an award-winning photojournalist whose clients have included Getty Images, Reuters, The New York Times, and Bloomberg. This year, she was part of the New York Times team nominated for a Pulitzer Prize for their breaking news coverage of a fire in the Bronx. Keith was not at the vigil to participate in a protest or interfere with police but to perform the public service of documenting the news, as she’s been doing her entire career.
Our organizations document cases of press freedom violations both in the United States and globally. Our research shows that arresting reporters is a crude form of censorship: it stops journalists from documenting current events, and protracted legal proceedings to dismiss baseless charges create financial and time pressures for reporters. It is disappointing and concerning to see these tactics being deployed in New York City.
Furthermore, the prosecution of reporters in the United States is exceedingly rare, according to the non-partisan U.S. Press Freedom Tracker, which maintains data on press freedom violations across the country. Prosecuting Keith would send a chilling message to journalists in New York City and beyond, and indicate to the wider public that New York City believes that members of the media can be prosecuted simply for doing their jobs.
We understand that your office does not usually take part in summons prosecutions, but we consider this to be an exceptional case. We urge you to dismiss the disorderly conduct charge against Keith and ensure that journalists working in New York City will not face punitive retaliatory measures from the city’s police.
Sincerely,
Committee to Protect Journalists
Freedom of the Press Foundation
New York Publishers Association
Coalition for Women in Journalism
National Press Photographers Association
Foundation for Individual Rights and Expression
Reporters Without Borders
Online News Association
The Deadline Club, NYC Chapter, Society of Professional Journalists
National Coalition Against Censorship
Via Columbia Journalism Review
June 20, 2023
Journalists in America must be allowed to safely cover protests
(Note: Monroe Gallery presents "Good Trouble", an exhibition of photographs that register the power of individuals to inspire movements and illustrates the power of protest from a deeply human perspective. Through this exhibition, we are reminded of the power of photographs to propel action and inspire change. June 30 - September 17, 2023)
A week after the May 1 strangulation death of Jordan Neely, demonstrators assembled outside the Broadway-Lafayette subway station for a candlelight vigil. Freelance photographer Stephanie Keith was there to cover events, and when police began to arrest protesters, she moved into the street to get the shot. Soon Keith was in handcuffs, being led away by two officers, facing charges of disorderly conduct.
“I was dumbfounded. I thought it was a mistake,” Keith told me. “I really didn’t understand why this was happening to me.”
Keith’s arrest might be a relatively minor incident in America’s press freedom landscape if it were not the case that police routinely impede the rights of the press to cover protests and demonstrations.
I spent 2022 as a fellow at the Knight First Amendment Institute researching the issue. I spoke with dozens of journalists across the country, with leading experts on policing, with First Amendment scholars, and with the police themselves (none would speak on the record). I pored over data from the US Press Freedom Tracker, and researched the history of police-press interactions from the civil rights era to the present day. My report “Covering Democracy: Protests, Police, and the Press” is out today.
The report documents a troubling reality: despite the protection of the First Amendment, the right of journalists to cover protests has not been secure. As the Associated Press’s assistant general counsel Brian Barrett explained, what matters most “is what a police officer decides at two in the morning in a heated environment.”
In most instances journalists and protesters themselves enjoy the same rights, including the right to photograph and otherwise record events, so long as they do not interfere with the activities of the police. But by tradition, journalists covering protests have sought to distinguish themselves in some way—by standing off to the side, but wearing credentials or distinctive clothing, or by verbally identifying themselves to police. In most instances police respected the role of the press and allowed journalists to do their job. But where the institutional relationships have broken down, and particularly when police employ force, journalists have been arrested and attacked in significant numbers.
The issue came to a head most recently during the summer of 2020, when Americans took to the streets in record numbers following the murder of George Floyd by police officers in Minneapolis. According to the US Press Freedom Tracker, 129 journalists were arrested or detained while covering the protests during 2020, and hundreds more were attacked or assaulted by police, in some cases resulting in serious injuries.
One of the most notorious episodes occurred on May 30, 2020, the day after CNN correspondent Omar Jimenez was arrested on live television. That evening, as police in Minneapolis enforced a citywide curfew, they swept through a group of about two dozen journalists who were standing apart from protesters, wearing credentials and carrying professional camera equipment. Police attacked them using less lethal munitions, including pepper spray, and shoved several who tried to escape the onslaught over a six-foot retaining wall.
Ed Ou, a Canadian war photographer who had moved to the US because he wanted to work in a country where the rights of journalists are respected, was hit in the face with what he believes was a flash-bang grenade; he was seriously injured. Ou later told me that because of the violence and suddenness of the police response in Minneapolis, “my radar for what’s safe has been completely fried.”
Ou decided to participate in a lawsuit brought by the ACLU against the police and state and local authorities on behalf of journalists who had been attacked and injured. That case, Goyette v. City of Minneapolis, resulted not only in monetary compensation for the plaintiffs but a settlement requiring police to refrain from attacking or arresting journalists. A scathing Justice Department report on the Minneapolis Police Department released Friday noted that “officers regularly retaliate against members of the press—particularly by using force.”
Police in Minneapolis and across the country often claim they can’t possibly distinguish between journalists and protesters when everyone has a cellphone. But the First Amendment requires that they do so, as affirmed in the Goyette settlement and a federal court ruling in another case, Index Newspapers v. City of Portland. In that instance, the court determined that police must ensure that journalists are not subject to violence, arrest, and dispersal and directed officers to identify journalists based on observable behavior, often called a “functional test.”
Police at times have resisted that standard because they allege that protesters falsely claim to be journalists in order to evade arrest. But my research indicates that such behavior, while troubling, is exceedingly rare. Much more common, and thoroughly documented, are instances in which police attack, assault, or arrest journalists who are clearly identifiable and engaging in newsgathering. In one instance Australian correspondent Amelia Brace and her crew were assaulted live on camera by US Park Police while covering a protest outside the White House in June 2020. Brace later testified before Congress that she was shocked by the violence of the attack and that she had expected to work “freely and safely…in the world’s greatest democracy.”
Brace is right. The media has a critical role in ensuring that all First Amendment rights are protected, including the right to assembly and speech. The recent arrest of Stephanie Keith drives home the fact that, as Keith herself put it, “the cops are so arbitrary, and they have so much power over you.” As we enter a polarizing election session in which some of America’s messy politics are likely to play out in the streets, police across the country must ensure that journalists are able to document protests without the risk of attack or arrest.
Joel Simon is the founding director of the Journalism Protection Initiative at the Craig Newmark Graduate School of Journalism.
Ryan Vizzions: "Defend The Sacred", Standing Rock, Cannon Ball,Photographs copyright Ryan Vizzions. Not to be reproduced or used without express permission of the photographer.
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Photographs copyright Ryan Vizzions. Not to be reproduced or used without express permission of the photographer.
FURTHER REFERENCE:
Thailands reds and yellows, a story published on the BBC website and a further article on the protests of 2010
NPR’s report on COINTELPRO
At no time, and under no circumstances, is anyone in Canada subject to arrest for the simple act of taking a photograph or filmingWithout the existence of the Pritchard video, it is certain that the outcome of the investigation would have been different.
After the terrorist bombings in Boston last April, citizen photography played a significant role in establishing the identity of the bombersOn May 14, 2012, the United States Department of Justice wrote a letter to the Baltimore Police Department asserting that the right of people to photograph and film police officers is protected by the First, Fourth, and Fifteenth Amendments to the Constitution. The DOJ also stated that the ability to photograph and film police officers does much to enhance the appearance of transparency of law enforcement organizations and is therefore a way of building public trust and goodwill. PEN Canada believes that the DOJ is entirely right in this assertion, and we wish to uphold and adopt it as our own.