Showing posts with label freedom of the press. Show all posts
Showing posts with label freedom of the press. Show all posts

Tuesday, December 10, 2024

The line between activism and journalism breaks

 Via Neiman Labs

By Hafsa Maqsood

December 10, 2025


“When journalists around the world are being killed for practicing their freedom of press, journalists have no choice but to become activists.”

There is a growing frustration in the pit of the global journalism industry’s stomach. A frustration that comes from witnessing an entire year of devastating war in the Middle East, massive bloodshed, and ongoing conflicts across the globe where nothing seems to be working. A sickening frustration fed by the reeking hypocrisy of trying to “holding truth to power” in a post-truth world simultaneously bowing to power.

This frustration was born long ago in the stomachs of marginalized members of various diasporas, like myself, coming from histories of ancestral displacement and ravaging colonialism, and it is in part what has motivated them to join media and journalism industries only to be met with walls of supposed objectivity. An “impartiality” that leads to donning a hollow mask of white neutrality discordant with their lived realities.

That frustration will come to a breaking point in 2025 and translate into tearing down the line between activism and journalism that has already been breached, particularly since the 2020 rise of the Black Lives Matter movement.

When democracies are in peril, when international laws meant to hold humanity accountable are being disregarded, when people charged with criminal offenses are leading governments, when journalists around the world are being killed for practicing their freedom of press, journalists have no choice but to become activists.

In 2025, journalists will no longer be told that coming in to work with a “Free Palestine” sticker on their laptops or water bottles is controversial and against guidelines while a “Stand With Ukraine” sticker is praised. Massive refugee and humanitarian displacements that occurred in 2024 will also impact news audiences. As journalists respond to audience demands, this shift will encourage a journalistic focus on human interest and global perspective stories that amplify refugee and diaspora narratives. Diaspora communities will play a crucial role in shaping these narratives through activism and storytelling that will bloom in the 2025 media and journalism industry.

When giving a lecture on media framing at the University of British Columbia in 2022, I held a roundtable attended by many members of Palestinian diaspora in Canada. Every one of them expressed turning away from legacy media in favor of citizen journalism and treating activists as sources for news. What if journalists with training and established platforms could tap into these audiences who are rejecting them in favor of unofficial news sources? What does this rejection mean for the decline of legacy media and journalistic ethics of “truth-telling?”

The answers to these questions, I predict, will come to fruition in 2025. We, as an industry, will have to reevaluate the meaning of “journalistic independence” if we want that sickening pit of frustration to heal. And the demands of a growing diaspora born out of conflict, war, and displacement will be one exceedingly difficult to ignore.

Hafsa Maqsood is a journalist and Ph.D. candidate at the University of Calgary.

Friday, November 22, 2024

Publisher of raided Kansas newspaper delivers advice to journalists: ‘Make democracy great again’

 Via Kansas Reflector

November 18, 2024



TOPEKA — The editor of the Kansas newspaper raided by police last year has a message for journalists struggling with their sense of purpose.

Go on the offensive.

Eric Meyer, editor and publisher of the Marion County Record, delivered remarks Friday as he was inducted alongside his mother, Joan, into the Kansas Press Association Newspaper Hall of Fame.

“I think this is a time when we have to establish for the people of this country the fact that we are important, that we have things that we can tell them that they will want to know, that they will want to change their positions about,” Meyer said.

He added, in a nod to the results of the presidential election: “Let’s not make America great again. Let’s make democracy great again.”

Police raided the Marion County Record newsroom and the home where Meyer lived with his mother in August 2023 under the false pretense that journalists had committed a crime by looking up a public record. Joan Meyer, the 98-year-old co-owner whose profane clash with police officers was captured on camera, died a day after the raid from stress-induced cardiac arrest. The raid spawned five civil lawsuits and a criminal charge against the police chief who led the attack on a free press.

Meyer said he is “an odd duck” because he retired to run a newspaper, rather than retire from it. He returned to Kansas during the COVID-19 pandemic to take over the publication his parents had operated for decades. After teaching journalism for 20 years at University of Illinois at Urbana-Champaign, Meyer wanted to practice what he had been preaching — that journalism is still vital.

“We’re not talking about the future of journalists. We’re talking about the future of democracy,” Meyer said. “Because without journalism, there is no democracy. We can’t have an informed public making informed decisions that will lead our country if they don’t have information, solid information that’s reliable. Getting their attention, though, is a very serious problem.”


Before the raid on his newspaper, Meyer said, circulation was already up, “because we were trying to do the best news stories we could.” After the raid, thousands of people from across the country purchased subscriptions in a show of support. Many of them, he said, are actually reading the stories. Some of the out-of-state readers have become so invested in the news out of Marion that they are even writing letters to the editor.

His advice to other journalists: “Forget all the gimmicks.”

“Don’t worry about what you put on social media,” Meyer said. “Don’t worry about the video you’re shooting. Don’t worry about the blogs you’re writing. Don’t worry about the marketing techniques. Do good journalism, period. Good journalism. That means finding stories that affect people and giving them an opportunity to do something about it.”

Joan Meyer edited the newspaper for 50 years and continued writing until she died. Her last column ran in the same issue as her obituary.

Her death intensified national interest in a story about the abuse of power in trying to silence a free press.

“Although I’m sure she didn’t want to go out the way she did, worrying about the Hitler tactics and so on, it is kind of rare, at age 98, that your death means something to someone, that you go out and you’re you’re sort of a martyr to your cause,” her son said.






Other hall of fame inductees were Ann Brill, dean of the University of Kansas journalism school; Sally Buzbee, a former executive editor of the Washington Post and Associated Press; small-town publishers Cynthia Desilet Haynes and Ben Marshall; retired Wichita Eagle and Kansas City Star reporter Roy Wenzl; and photojournalists Barbara Kinney, David Peterson, George Olson, Joel Sartore and W. Eugene Smith.

Sunday, October 27, 2024

Journalists must be allowed to do their jobs safely in Lancaster County and across the US [editorial]

 Via Lancaster Online

October 27, 2024


3 frames from video footage shows a Lancaster city police officer pushing a photojournalist to the ground during protests Sunday, Oct. 20, in Penn Square, near the Lancaster County Convention Center, where Donald Trump was speaking.
Lancaster Safety Coalition footage shows a Lancaster city police officer pushing a photojournalist to the ground during protests Sunday, Oct. 20, in Penn Square, near the Lancaster County Convention Center, where Donald Trump was speaking.

Lancaster Safety Coalition



THE ISSUE

“A Lancaster city police officer pushed a photojournalist to the ground (last) Sunday afternoon, causing her to hit her head on the street during a protest of former President Donald Trump’s town hall event at Lancaster County Convention Center,” LNP | LancasterOnline reported. Susan Stava, a New York City-based freelance photographer, was working to capture the scene in Lancaster city’s Penn Square, where local Democrats were protesting Trump’s visit. Video shows a Lancaster city police officer firmly pushing Stava, causing her to fall backward onto the road. Stava said she landed on her camera bag, and a lens was broken.

It took the Lancaster City Bureau of Police all of three days to “investigate” the incident in which a freelance photojournalist was pushed to the ground by a city police officer. Its conclusion: The officer “followed the law including the Bureau’s training, policies, and procedures.”


"Journalists see journalism not merely as a job, but as a calling that’s critical to the health of a democracy. Elected officials should not actively undermine their safety — or stay silent about an incident in which a journalist faced harm."

Friday, September 13, 2024

Pennsylvania man, brother charged with assaulting New York Times photographer on January 6

 

Via ABC20 WHTM
September 13, 2024




Two brothers were arrested Thursday on charges that they assaulted a New York Times photographer inside the U.S. Capitol during a mob’s attack on the building more than three years ago.

David Walker, 49, of Delran, New Jersey, and Philip Walker, 52, of Upper Chichester, Pennsylvania, also are charged with stealing a camera from the photographer during the Jan. 6, 2021, attack.

Philip Walker told investigators that he tossed a camera into a body of water on his way home from Washington, D.C., according to an FBI agent’s affidavit.

Court records don’t name the photographer or identify her employer, but New York Times spokesperson Danielle Rhoades Ha confirmed that the affidavit refers to staff photographer Erin Schaff, who wrote about her experience at the Capitol.

“We are grateful to the U.S. Attorney’s Office for the District of Columbia and the FBI for their persistence in pursuing justice in this case,” Rhodes Ha said in a statement. “Independent, fact-based journalism is a cornerstone of democracy and attacks against reporters should be a grave concern to anyone who cares about an informed citizenry.”

Philip Walker told the FBI that he believed the photographer was a member of “antifa,” a term for anti-fascist activists who often clash with far-right extremists at political protests.

A livestream video posted on social media showed the photographer standing at the top of the East Rotunda Stairs just before the Walkers assaulted her and then ran down the staircase.

Schaff recalled that two or three men in black surrounded her, demanded to know her employer and became angry when they grabbed her press pass and saw that she worked for The New York Times.

“They threw me to the floor, trying to take my cameras,” she wrote. “I started screaming for help as loudly as I could. No one came. People just watched. At this point, I thought I could be killed and no one would stop them.”

Schaff said police found her but didn’t believe that she was a journalist because her press pass was stolen.

“They drew their guns, pointed them and yelled at me to get down on my hands and knees,” she wrote. “As I lay on the ground, two other photojournalists came into the hall and started shouting ‘She’s a journalist!’”

Philip Walker was carrying what appeared to be Schaff’s photographic equipment as he fled, the FBI said. David Walker pushed the photographer again when she tried to pursue his brother and retrieve her equipment, according to the affidavit.

A magistrate judge ordered David Walker to be released on $50,000 bail after his initial court appearance in New Jersey on Thursday, court records show. An attorney who represented Walker at the hearing didn’t immediately respond to an email seeking comment.

The Walkers were arrested on complaints charging them with robbery, assault and other charges.

Other rioters were charged with assaulting an Associated Press photographer outside the Capitol during the riot. One of them, Alan Byerly, was sentenced in October 2022 to nearly three years in prison.

Nearly 1,500 people have been charged with Capitol riot-related federal crimes. Approximately 140 police officers were injured in the attack.

Monday, June 3, 2024

Foot-dragging in Marion raid investigation should fill public with dread

 Via The Kansas Reflector

June 3, 3024


"I’ve had it.

Nearly 10 months after law enforcement officials raided the Marion County Record and two private residences, officials have yet to tell us the results of their investigations. That’s nearly a full year since a flagrant assault on free speech in Kansas, one signed off on by a list of city, county and state officials. True, a handful of individuals implicated in the scandal have left their roles in the intervening time. Lawsuits have been filed.

But we have not heard from those in charge. The Kansas Bureau of Investigation, perhaps realizing it had been compromised by involvement in the raid, passed the entire affair over to the Colorado Bureau of Investigation. They originally said results would come in April. We’re at the beginning of June, and those results still haven’t come.

Our First Amendment rights, those shared by both journalists and the entire American public, deserve better."


And background here, and here.

Saturday, June 1, 2024

Arrests of journalists already doubled over last year

 Via US Press Freedom Tracker Via US Press Freedom Tracker

May 31, 2024


graph chart showing number of journalists arrested 2017 through 2024



"Friends of the U.S. Press Freedom Tracker:

Welcome back to your newsletter around press freedom violations in the United States. Find archived editions here, and get this newsletter directly in your inbox by signing up here.One month later — arrests have doubled

In my last newsletter, I wrote about journalists covering local reaction to the Israel-Gaza war, noting that as April came to an end, we had documented 13 arrests or detainments of members of the press, and were actively reporting on more. Active, indeed: As of today, we’ve documented 36.

Importantly, the number of journalists arrested or detained so far this year — which is not even half over — is more than the last two years combined.

In addition to arrests, we’ve captured more than 30 assaults of journalists under our “Israel-Gaza war” tag since Oct. 7, 2023 — seven of those on student journalists — and nine reports of damaged equipment."

Sunday, April 14, 2024

Accountability is past due for Kansas newsroom raid

 

Image of John Lewis by photographer Sanjay Suchak with text overlay "In solidarity with the Marion Cunty Record" and Lewis quote "If you see something that is not right, not fair, not just, you have the moral obligation to do something about it"
John Lewis Photograph by Sanjay Suchak



Remember the raid on the Marion County Record last August? There are several updates as the "investigations" are still ongoing.

Via Freedom of the Press Foundation:


Investigations into the raid are ongoing and news continues to emerge about additional evidence of Marion officials’ retaliatory motives for their actions.

Last week, the Marion County Record sued the city of Marion and the officials who authorized the raid, including the then-mayor and police chief. The Record’s publisher, Eric Meyer, also joined the suit, both in his own name and as executor of his mother Joan’s estate. Joan Meyer died at age 98 the day after the raid of the home she shared with her son, likely from the stress — but not before giving police a piece of her mind.

It’s the fourth lawsuit filed in connection with the raid, along with two by reporters who worked for the Record at the time and one by the paper’s office manager.

The Record’s lawsuit contends that the raid was not the product of mere incompetence by a small town police department but a coordinated effort to retaliate against the paper for its coverage of local politics.

In addition to the lawsuits, investigations related to the raid are still pending — both of law enforcement officers’ conduct and of whether Record reporters broke the law.

As Kansas media lawyer Max Kautsh recently wrote for the Kansas Reflector, it’s well past time to drop any remaining investigation of the Record or its reporters.

The theory used to justify the raid – that a reporter broke identity theft laws by accessing online DUI records – is nonsense. The federal Driver Privacy Protection Act doesn’t protect DUI records, and includes an express exemption for research. The Kansas Department of Revenue, which runs the website the Record accessed, has said the site is open to the public. And the notion that routine journalistic conduct like accessing public records for newsgathering purposes constitutes identity theft or fraud is plainly offensive to the First Amendment.

The investigation of the law enforcement response is another story entirely. Although the probe (which, as discussed later, is being handled by the Colorado Bureau of Investigations, or CBI) is reportedly wrapping up, it’s alarming that it’s taking so long given the volume of evidence of unconstitutional retaliation. Hopefully the delay is because authorities are figuring out just how thick of a book they can throw at those responsible for the raid.

Here are just a few of the revelations that have come to light in recent months, thanks in large part to intrepid reporting from the Record itself, the Reflector, and other local news outlets, as well as from information contained in the Record’s lawsuit. Much of the news focuses on the conduct of then-Marion police chief Gideon Cody, but others, from Marion’s then-mayor to the Kansas Bureau of Investigation, or KBI, are also implicated.During the raid of the Record’s newsroom, Cody took the opportunity to rifle through reporters’ documents about himself — even though the raid was purportedly over newsgathering about a local restaurant owner. Cody was suspended and then resigned, but he was replaced by an interim chief who also participated in the raid (as did the entire police department). Other officers directed Cody to the files about him and suggested he review them.

Rather than limiting the seizure to records related to the purported investigation, Cody said officers should “just take them all,” because he was hungry. Cody then allegedly had a “pizza party” with the county sheriff. Meanwhile, the Record struggled to publish its next edition without any of its files.

Cody spoke to the restaurant owner whose information the Record was accused of “unlawfully” accessing on a public website by phone between the raids of the Record’s newsrooms and the Meyers’ home. He reportedly started the call with “Hey honey, we can’t write anything,” before providing a verbal play-by-play. The restaurant owner has also acknowledged that she deleted texts with Cody pursuant to his requests.

After the raid drew national backlash, Cody sought an arrest warrant for two Record reporters. Two hours later, the Marion County attorney revoked the search warrants that prompted the raids due to a lack of evidence.

The KBI, which attempted to distance itself from the raid after the fallout, was actually on board from the outset, receiving an advance copy of the search warrant and communicating with Cody throughout the ordeal. County Attorney Joel Ensey, who initially said he hadn’t reviewed the warrants, also reportedly received an advance copy from police. Days after news of the KBI’s involvement in the raid broke, the KBI asked the CBI to take over its investigation of the raid.

Prior to the raid, Cody allegedly tried to persuade a Record reporter, Phyllis Zorn, to leave the newspaper and start a competitor, promising he would invest in the rival paper. Zorn is now one of the reporters suing over the raid.

Prior to the raid, then-Marion Mayor David Mayfield allegedly reposted a Facebook post by his wife asking “If anyone is interested in signing a petition to recall [then vice-mayor Ruth Herbel] and silence the MCR [Marion County Record] in the process, let me know.”

Eric Meyer has said that he filed his lawsuit reluctantly — not wanting to bankrupt his hometown — and will donate any punitive damages to charitable causes. His hesitance is understandable. But accountability is desperately needed. Hopefully the CBI will help provide some, and soon.






Thursday, February 1, 2024

"The arrest, detention and bogus charges against journalist Brandi Morin launched by the Edmonton police should concern everyone."

Via The Toronto Star

February 1, 2024

 What charges against journalist Brandi Morin mean for Canadian democracy

Trends show a clear sign that Canada is allowing tendencies of an oppressive state where law enforcement’s action cannot be documented by independent journalists and instead they are slapped with bogus charges.

By Kiran Nazish, Contributor

The arrest, detention and bogus charges against journalist Brandi Morin launched by the Edmonton police should concern everyone. On Jan. 10, Morin was interviewing indigenous elders and people inside an encampment in Edmonton for Ricochet media, when the police raid on indigenous encampments began.


Despite showing her credentials Morin was arrested, detained and kept in a cell at the police station for hours and charged with obstruction. Later Morin told me, an officer told her he had heard of her and knew her work.

The events Morin experienced that day was not only an escalation of police encounter for a journalist doing her job, but also what seems to be a carefully thought through intervention to the press’s ability to have access when the police is using force on citizens. Is it reasonable that after the police saw Morin's press credentials and the condemnations of her arrest — which were all over social media while she had been in the police station — that the police had a reason to believe that she was "obstructing?"

Charging a journalist covering a public issue that impacts hundreds of thousands of Canadians lacks foresight and sincerity on many levels, but most importantly smells of maleficence. This is a deliberate charge to intimidate journalists covering important stories that bring vital insight into some of the most concerning and sensitive issues impacting Canadians lives today.

This is not the first time law enforcement in Canada has gotten in the way of journalistic work.

At Women Press Freedom, a New York-based advocacy group focused on press freedom and gender globally, we observe authorities impeding journalists to be an ongoing issue and unfortunately a growing trend in Canada.

Since 2019, according to Women Press Freedom, almost 70 Canadian women journalists have been intimated or harassed for doing their work: 39 of these incidents include smear campaigns and online harassment, 16 press freedom violations including assaults while on the job, and 17 of these have been violations and impediments conducted by law enforcement including police and RCMP. These numbers only reflect attacks on the press for women journalists and do not cover the overall picture, which is much more bleak.

In 2016, journalist Justin Brake was criminally charged for his coverage of an occupation by Innu and Inuit land protectors of a construction site for Muskrat Falls, a controversial $12-billion hydroelectric project in Newfoundland and Labrador. In 2021, Ian Wilms was arrested while covering a similar raid of homeless encampment. The same year journalist Amber Bracken and Micheal Toledano were arrested by RCMP while reporting on the escalating situation at Gidimt’en camp in Wet’suwet’en territory. During Fairy Creek several journalists were intimidated, harassed and impeded from reporting on the protests.

The arrest, detention and bogus charges against journalist Brandi Morin launched by the Edmonton police should concern everyone. On Jan. 10, Morin was interviewing indigenous elders and people inside an encampment in Edmonton for Ricochet media, when the police raid on indigenous encampments began. 

Despite showing her credentials Morin was arrested, detained and kept in a cell at the police station for hours and charged with obstruction. Later Morin told me, an officer told her he had heard of her and knew her work.

The events Morin experienced that day was not only an escalation of police encounter for a journalist doing her job, but also what seems to be a carefully thought through intervention to the press’s ability to have access when the police is using force on citizens. Is it reasonable that after the police saw Morin's press credentials and the condemnations of her arrest — which were all over social media while she had been in the police station — that the police had a reason to believe that she was "obstructing?" 

Charging a journalist covering a public issue that impacts hundreds of thousands of Canadians lacks foresight and sincerity on many levels, but most importantly smells of maleficence. This is a deliberate charge to intimidate journalists covering important stories that bring vital insight into some of the most concerning and sensitive issues impacting Canadians lives today. 

This is not the first time law enforcement in Canada has gotten in the way of journalistic work. 

At Women Press Freedom, a New York-based advocacy group focused on press freedom and gender globally, we observe authorities impeding journalists to be an ongoing issue and unfortunately a growing trend in Canada. 

Since 2019, according to Women Press Freedom, almost 70 Canadian women journalists have been intimated or harassed for doing their work: 39 of these incidents include smear campaigns and online harassment, 16 press freedom violations including assaults while on the job, and 17 of these have been violations and impediments conducted by law enforcement including police and RCMP. These numbers only reflect attacks on the press for women journalists and do not cover the overall picture, which is much more bleak. 

In 2016, journalist Justin Brake was criminally charged for his coverage of an occupation by Innu and Inuit land protectors of a construction site for Muskrat Falls, a controversial $12-billion hydroelectric project in Newfoundland and Labrador. In 2021, Ian Wilms was arrested while covering a similar raid of homeless encampment. The same year journalist Amber Bracken and Micheal Toledano were arrested by RCMP while reporting on the escalating situation at Gidimt’en camp in Wet’suwet’en territory. During Fairy Creek several journalists were intimidated, harassed and impeded from reporting on the protests. 

When it comes to police intimidation, impediment or arrests, we notice a consistent thread: number of journalists covering Indigenous stories and climate change-related stories dominate the chart. Brandi Morin has been targeted by RCMP and police on multiple occasions in the past few years, and in all these cases she was covering issues that impact lives of Indigenous Peoples.

These trends show a clear sign that Canada is allowing tendencies of an oppressive state where law enforcement’s action cannot be documented by independent journalists and instead they are slapped with bogus charges. These are clear intimidations, and if a reformation of these police actions are not called for now, it would harm other institutions in the country widely.

This calls for attention for all Canadian leadership, particularly those who care about this country’s democratic values. There is an urgent need for steps that ensure the police and law enforcement comply with the laws of democracy, in which journalists are not obstructed but respected and supported. 

Morin was just doing her job. It is time that the Edmonton Police takes inspiration from that and do their job by respecting freedom of the press and dropping charges against her. 


Kiran Nazish is the founding director of the New York-based Women Press Freedom and the Coalition For Women In Journalism. 

Thursday, January 25, 2024

"Journalists play an important role in holding those in power accountable...."

 

Via Brandi Morin on Twitter

January 25, 2024


"I was I was arrested on January 10 while reporting on a police raid on an Indigenous encampment in Edmonton. During the arrest of the camp’s leader I was targeted and told I had to leave the area. When I tried to assert my rights as a journalist, rights which have been upheld by high courts in two provinces, I was arrested and charged with obstruction. 

My editors and lawyers feel this charge is an attempt to send me a message. Now, I need your help to send one back. 

I hope you’ll stand with me."




Wednesday, December 20, 2023

Report Warns of Attempt to 'Criminalize' Newsgathering in the US

 Via VOA

December 20, 2023


WASHINGTON — At least a dozen journalists faced arrest or charges related to their newsgathering across the U.S. in 2023, with most working for local media outlets.

The incidents and their impact on the ability of journalists to cover the news are detailed in a report released Wednesday by the U.S. Press Freedom Tracker.

Based in New York, the Tracker has documented what it sees as press freedom violations inside the U.S. since 2017.

According to the Tracker, many of the cases this year involved attempts to prevent journalists from engaging in regular reporting practices — from asking questions to investigating public officials. It cited around 30 cases of journalists or media outlets being summoned and asked to identify a source or hand over reporting materials.

“What was interesting this year was an apparent criminalization of general newsgathering,” said Stephanie Sugars, the report’s author.

The number of cases of journalists arrested is lower than previous years, when the Tracker documented dozens of cases as media covered unrest and large-scale protests. Still, the findings are a concern, the nonpartisan group said.

In one case from October, police arrested a small-town Alabama newspaper publisher and a reporter for publishing an article that authorities said contained confidential grand jury evidence.

While leaking information may be illegal, it is not a crime for news outlets to publish that information, so long as the reporters are not involved in illegally obtaining the materials, press experts say.

In another case, a reporter at an Illinois newspaper was cited for asking city officials too many questions about flooding in October.

“That is normal newsgathering,” Sugars told VOA from New York.

In the Illinois case, the charges were dropped.

In a separate incident in Ohio, NewsNation correspondent Evan Lambert was ordered to stop a live broadcast while Governor Mike DeWine was giving a press briefing in February. Officers then forced Lambert to the ground and arrested him.

The governor expressed concern and said he was not aware of the incident at the time it occurred.

Lambert filed a lawsuit in November over the incident.

Meanwhile, an Arizona judge in April granted a restraining order against a local reporter after the journalist looked into a state senator’s residency claims. Another judge later rejected the restraining order. And in July, two California reporters were accused by a local police union of stalking for trying to contact a police officer at her home.

“Attempts to criminalize routine journalistic activities, such as contacting public officials or the subjects of stories, send a chill through the heart of newsgathering,” Sugars wrote in the report.

It’s unclear whether police and officials in these incidents were unaware of what constitutes normal newsgathering or whether they just didn’t care, Sugars said.

But, she added, that distinction also misses the point.

“Whether they know that it is general, basic newsgathering or not is less important than the fact that they just don’t like it and are using the tools at their disposal to retaliate,” Sugars said.

Another factor that links many of the cases in the Press Freedom Tracker’s report is that most incidents took place at the local level, affecting smaller or regional publications.

That’s likely a byproduct of the decline of local news coverage, according to Sugars.

The U.S. has lost more than one fourth of its newspapers since 2005 and is set to lose one third of all its roughly 6,000 remaining print newspapers — mostly weeklies — by 2025, according to a report by Northwestern University’s Local News Initiative.

“That lack of constant scrutiny has created an atmosphere where local officials feel like they are no longer responsible for answering questions,” Sugars said.

First Amendment experts say such violations make it harder for journalists to do their jobs.

“If you’ve got these instances of law enforcement overreach, again, it impairs the press’s watchdog role," said Gabe Rottman of the Reporters Committee for Freedom of the Press, or RCFP.

Rottman, who is director of the RCFP’s Technology and Press Freedom Project, said that it is important for government officials to understand the role journalists play in their community.

Fewer journalists were arrested or charged in the United States in 2023 than in the past few years, the Tracker report found.

Tuesday, December 12, 2023

Behind the Headlines: Victims of Newsroom Raids in Marion and Tampa Tell Their Stories

Via Freedom of the Press Foundation

December 11, 2023 


Freedom of the Press Foundation Director of Advocacy Seth Stern is joined by special guests Eric Meyer from the Marion County Record and independent journalist Tim Burke to discuss updates on these troubling incidents and what's next in the fight to defend and foster a courageous press.





Thursday, November 2, 2023

"We are deeply concerned by this violation of the First Amendment rights of these journalists"

 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."

Wednesday, October 4, 2023

Update: Marion police chief resigns after body cam footage shows him rifling through records about himself

 Via The Kansas City Reflector

October 3, 2023


Update to earlier report

TOPEKA — Marion Police Chief Gideon Cody has resigned, less than two months after he instigated a widely covered raid on a local newspaper that culminated in a federal lawsuit and one woman’s death.

Marion Mayor David Mayfield announced Cody’s departure during a Monday city council meeting, following the previous week’s announcement that Cody was suspended. Mayfield said the resignation was “effective immediately,” according to Marion County Record reporting.

Zach Hudlin, an officer who was present during the raid, has been appointed as Marion’s acting police chief by Mayfield’s suggestion. Hudlin was involved in the raid of the Marion County Record and seized items from the newspaper. He is the only remaining Marion police force member fully certified as a law enforcement officer, the Record reported.

Cody’s resignation is one of several developments in the unprecedented rural newspaper raid. Cody initiated the Aug. 11 search under the pretense that reporter Phyllis Zorn committed identity theft when she accessed public records on a public website.

In an affidavit, Cody wrote that Zorn had illicitly accessed local restaurateur Kari Newell’s driver’s license history. Newell lost her license following a 2008 drunken driving conviction, but had been accused of driving without a license for years. A confidential source gave the reporter Newell’s driver’s license record, and Zorn verified the information through a Kansas Department of Revenue database — a legal way for reporters to access information.

Magistrate Judge Laura Viar signed off on the search warrant.

During the raid, Cody, along with four police officers and two sheriff’s deputies, took cell phones and other electronic devices from the newsroom. According to details from a federal lawsuit filed by Deb Gruver, a veteran Record reporter, law enforcement read reporters their Miranda warnings, then left them to wait outside in 100-degree heat for three hours.

Officers also searched Marion County Record publisher Eric Meyer’s home, along with the residence of a county councilwoman. Meyer’s 98-year-old mother, Joan, the newspaper’s co-owner, died a day after the raid.

Meyer believed the stress of the raid contributed to his mother’s death. Newsroom equipment was returned five days after the raid, after the county attorney determined there wasn’t sufficient evidence to support the search warrants.

Body camera footage

Gruver — who is suing Cody individually for “emotional distress, mental anguish and physical injury” — had previously questioned him about alleged misconduct.

Recent reporting from the Record describes officers searching records about Cody during the raid, ignoring the drivers’ license document for which they had purportedly raided the office. The Record also reported Cody had been in contact with Newell during the raid, telling her he had information he wanted to share.

Other portions of the body camera footage obtained by the paper showed Hudlin rummaging through Gruver’s desk during the raid and alerting Cody to the reporter’s files about him.

“You want to look through this desk?” Hudlin asks Cody in the Record’s account of the incident.

Cody’s reply, after reading the files: “Keeping a personal file on me. I don’t care.”

Though the Record hadn’t published the information, Gruver had compiled allegations made against Cody by his former colleagues with the Kansas City, Missouri, Police Department. According to Record reporting, Cody left Kansas City under the threat of demotion, following accusations of creating a hostile work environment.

Before he was sworn in as Marion’s police chief, Cody denied he was facing demotion and threatened Gruver with a lawsuit if she reported anything about his Kansas City history, the Record said. At the time, the newspaper provided a summary of the allegations against Cody to city council member Zach Collett, who allegedly asked the newspaper why they were “digging into this.”

The last Facebook post from the Marion Police Department, left Aug. 12, maintains the officers’ belief in ensuring “safety and security.”

“The Marion Kansas Police Department believes it is the fundamental duty of the police to ensure the safety, security, and well-being of all members of the public,” the comment read. “This commitment must remain steadfast and unbiased, unaffected by political or media influences, in order to uphold the principles of justice, equal protection, and the rule of law for everyone in the community.”

Newsroom fallout

In the weeks since the raid, Record reporters have expressed anxiety and concern. Meyer buried his mother. Zorn has faced worsening health, with her seizure disorder exacerbated by stress.

Gruver has announced her resignation from the newspaper, saying she no longer felt comfortable in the Marion community, the Record reported.

“I’ve been having — whether anyone understands it or not — a lot of anxiety about being in Marion. …” Gruver wrote in a resignation letter to the Record. “I feel bad about this, but I need to do what’s best for my mental health, which isn’t the greatest at the moment.”

Wednesday, September 6, 2023

Photojournalists settle long fought case against the NYPD

 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)


Monday, September 4, 2023

"GOOD TROUBLE" Exhibit extended through September 30

 

"Good Trouble" is an exhibition of photographs that register the power of individuals to inspire movements and illustrates the power of protest from a deeply human perspective. In this exhibition, we are reminded of the power of photographs to propel action and inspire change.  The exhibition has been extended through September 30, 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.

During the course of the exhibition, several major news items have affirmed the importance of protest and standing up against injustice.

On May 8, Photojournalist Stephanie Keith was arrested while documenting a candlelight vigil in New York City for Jordan Neely, a homeless man who was choked to death on the subway. On July 7, Keith joined Gallery photographer Ryan Vizzions, who met while documenting the Standing Rock protest against the Dakota Access Pipeline, discussed their experiences documenting protest movements, recent efforts to suppress protest, and the increase in the misuse of force by police at protests.

Watch the Gallery conversation on YouTube here.

Last spring, Tennessee Republicans inadvertently turned the "Tennessee Three" — Democratic Representatives Justin J. Pearson, Gloria Johnson, and Justin Jones — into beloved national political figures by voting to expel them for supporting gun reform demands. At the end of August, Lawmakers voted 70-20 to discipline Jones, effectively preventing him from speaking during the special session. Republicans ordered state troopers to clear the galleries. The decision forced the removal not only of the protesters but also of the parents of students who had survived a deadly school shooting and were keeping a quiet and emotional watch over the proceedings. Rep. Jason Powell, D-Nashville, said "We have arrived in a very scary and sad place in the state of Tennessee. Instead of being used to enforce the public safety, they are being used to suppress democracy."

In July, New York City agreed to pay $13 million to settle a civil rights lawsuit brought on behalf of roughly 1,300 people who were arrested or beaten by police during racial injustice demonstrations that swept through the city during the summer of 2020. In August, Denver approved a $4.7 million settlement for more than 300 protesters who were detained for violating an emergency curfew during demonstrations over the killing of George Floyd in 2020, and later accused the police of using excessive force.

In August, the office of The Marion County Record in Iowa, and home of the newspaper's owner, were raided by Police in an unprecedented attack on the press. Following an international backlash, the County attorney cited 'insufficient evidence' for the search and seizure.


"When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something. You must be bold, brave, and courageous and find a way…to get in the way". – John Lewis


View the exhibition here.









Wednesday, August 23, 2023

"We hear you, Joan Meyer. Your loss stings. But we won’t forget that you took a stand when it mattered."

 Via The Kansas Reflector

August 23, 2023

"But we won’t forget that you took a stand when it mattered."



Joan Meyer, the 98-year-old co-owner of the Marion County Record, finally had her say Monday.

Boy, did we get a talking-to.

Meyer’s previous silence was sadly excusable. She died of cardiac arrest Aug. 12, a day after unconstitutional police raids on her home and beloved newspaper. But the whole world heard her loud and clear Monday, thanks to a video released by the Record showing her confrontation with officers.

Suffice to say, she had some choice words.

“Don’t you touch any of that stuff. This is my house!” she tells the police, who are clustered at the other side of the room around a table. “You ***holes. Get ’em out of here. They’re here.”

She then confronts an officer, vigorously pushing a walker ahead of her: “Does your mother love you? Do you love your mother? You’re an ***hole, police chief. You’re the chief? Oh, God. Get out of my house. You’re (unclear). Get out. Stand outside. You can stand outside that door and still see him. I don’t want you in my house.”

The video continues, with Meyer muscling herself and the walker past two officers to see exactly what was happening at the table.

“What are you doing?” she demands. “Those are personal papers.”

An officer limply explains the now-withdrawn search warrants, and Meyer responds with: “You people —” before the footage cuts off.





Those following the Marion County fiasco since Kansas Reflector broke the story probably have conjured an image of Meyer in their mind. She was a sweet elderly lady, gentle and caring, face wreathed with white curls and harboring angelic disposition. Accounts written after her death painted her as a community fixture, someone who dedicated 60-plus years to the newspaper.

Sure, she was many of these things, at least some of the time. But we can also see that she was a tart-tongued firebrand, not just feisty in the face of adversity but downright impassioned.

The police raid may have led to Meyer’s death. It most certainly did not break her spirit or misdirect her moral compass.

Watching the video, I thought about both of my grandmothers. They were each about her age, which meant their youths were shaped first by the Great Depression and then by World War II. My maternal grandmother went to work for Pratt and Whitney’s aircraft engine division during the war and stayed on at the Veterans Administration a few years afterward. Once my grandfather retired, she went to business school and landed a new job. My paternal grandmother spent her career as a schoolteacher in southeast Kansas and kept tutoring after she retired.

They were tough ladies. They raised families, loved grandchildren and didn’t stand for malarky. Although they both died some dozen years ago, I miss them still.

Would either have reacted like Meyer, cussing out local police, if officers had intruded on their homes and families?

I can only guess. But between the two of them, I bet at least one would have tried.

Meyer tried. She was still here. She had survived the passings of so many other people of her generation, and from the available video clip, she had no plans to go anywhere. That makes the overreach of Marion County Police Chief Gideon Cody and Magistrate Judge Laura Viar even less tolerable. They not only violated the First Amendment. They appear to have contributed to this newswoman’s death.

As Kansas House Minority Leader Vic Miller said Tuesday: “It had literally grave consequences in this instance, with the mother passing away. I’ve watched the video, there’s no doubt in my mind that the stress of this event added or contributed to her loss. But the chilling effect, the absolutely chilling effect that this can have on the rest of our press is intolerable.”

All of us need similar courage today. We face assaults on individual rights and freedoms from all directions. Leaders at the Kansas Statehouse have been more than happy to target minority groups for political advantage, pamper the privileged and spread lies about people in need. They expect us to blithely take it and treat them politely along the way.

Listen, I don’t advocate cussing out anyone. At least not instantaneously. But at a certain point, raising your voice for justice and freedom doesn’t just make sense. It’s the only way to be heard.

We hear you, Joan Meyer. Your loss stings. But we won’t forget that you took a stand when it mattered.

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate.