The killing of George Floyd and the ensuing civil unrest have placed journalists at the center of<\/p>\n
large-scale protests and demonstrations across the United States, including in major metropolitan<\/p>\n
centers throughout Texas. In the course of covering these protests, many journalists have found<\/p>\n
themselves in harms way, and members of the press corps have been assaulted, detained, or<\/p>\n
arrested in the line of duty. The press has a responsibility to cover these public events, and the<\/p>\n
First Amendment protects journalists ability to cover public demonstrations, such as those going<\/p>\n
on in response to the death of George Floyd. The following outlines First Amendment<\/p>\n
protections as they relate to coverage of protests and demonstrations.<\/p>\n
Does the Press Have a First Amendment Right to Cover Protests?<\/p>\n
Yes. In general, journalists have a First Amendment right to cover protests and demonstrations.<\/p>\n
Members of the press cannot be excluded from public spaces simply because they are journalists.<\/p>\n
Similarly, law enforcement cannot prevent journalists from reporting, and law enforcement or<\/p>\n
government officials cannot retaliate against journalists for doing their job.<\/p>\n
At the same time, these First Amendment protections do not place journalists above the law.<\/p>\n
Journalists are still generally subject to the same laws and restrictions as the public, including <\/p>\n
PAGE 2<\/p>\n
orders regulating the time, place, and manner of First Amendment activity. Furthermore,<\/p>\n
members of the press typically do not enjoy special access to places or information that are not<\/p>\n
accessible to the public, and the First Amendment does not allow journalists to trespass or<\/p>\n
otherwise break the law, even if they are doing so in furtherance of newsgathering efforts or to<\/p>\n
report on protests or demonstrations.<\/p>\n
Can Journalists Record Law Enforcement Activity at Public Protests?<\/p>\n
Taking photographs or video of people or events that are visible in public is permissible and<\/p>\n
constitutionally protected. Journalists who are lawfully present in a public space have the right to<\/p>\n
record anything in plain viewincluding police activity, so long as the press activity is not<\/p>\n
interfering with legitimate law enforcement operations. By contrast, when an individual is on<\/p>\n
private property, the owner of the property may restrict anyones ability to record or require<\/p>\n
individuals to leave for any reason.<\/p>\n
As stated above, First Amendment protections to engage in newsgathering activity do not entitle<\/p>\n
journalists to break the law, such as laws against trespassing. Journalists should also be familiar<\/p>\n
with Texas wiretapping statute, which prohibits surreptitious recording of private conversations<\/p>\n
without consent. Under Texas Law, a person may only record audio of conversations if those<\/p>\n
conversations are in a public place where there is no reasonable expectation of privacy, or if at<\/p>\n
least one party to the conversation has consented to the recording. As a matter of best practices,<\/p>\n
journalists should clearly identify themselves as members of the press and remain open and<\/p>\n
transparent about their use of recording devices.<\/p>\n
When Can Journalists Be Detained or Searched?<\/p>\n
If a law enforcement officer has a reasonable suspicion that a person is involved in criminal<\/p>\n
activity, that officer can temporarily detain him or her in what is known as a Terry stop, (also<\/p>\n
known as a stop and frisk). During such a stop, a law enforcement officer may conduct a patdown to ensure that a detainee is not armed and dangerous. For a law enforcement officer to<\/p>\n
arrest someone, the officer must have probable cause to believe that the person committed a<\/p>\n
crime. This is a higher standard than the reasonable suspicion required for a temporary stopand-frisk.<\/p>\n
The Fourth Amendment protects individuals from unreasonable searches or seizures of their<\/p>\n
property. Furthermore, the Privacy Protection Act of 1980 prevents law enforcement officers<\/p>\n
from searching and seizing a journalists work product, including notes, photographs, and video<\/p>\n
footage, without a warrant. If a law enforcement officer demands to inspect such newsgathering<\/p>\n
materials, journalists should clearly identify themselves as members of the press and explain that<\/p>\n
they are covered by this law. Furthermore, in the absence of a warrant, journalists may withhold<\/p>\n
consent for law enforcement to search their belongings or work product, including the contents<\/p>\n
of recording devices and cellular telephones.<\/p>\n
What Should Journalists Do if Confronted by Law Enforcement?<\/p>\n
Journalists should exercise extreme caution covering protests and demonstrations. Members of<\/p>\n
the press have reported incidents in which journalists have been targeted by law enforcement for<\/p>\n
covering protests. Members of the press have been detained or arrested, shot with rubber bullets, <\/p>\n
PAGE 3<\/p>\n
and sprayed with tear gas or pepper spray in the course of their reporting in the field. Journalists<\/p>\n
should remain alert and mindful that they may face hostility from both demonstrators and law<\/p>\n
enforcement when covering these protests.<\/p>\n
Journalists should be sure to carry a government-issued identification, as well as contact<\/p>\n
information for attorneys or organizationsincluding the Texas Press Association or the<\/p>\n
Reporters Committee for Freedom of the Pressthat can provide legal resources and guidance to<\/p>\n
journalists. Journalists should clearly identify themselves as members of the press and<\/p>\n
prominently display all press credentials. Members of the press should remain alert and<\/p>\n
cognizant of potential threats, and should calmly and respectfully discuss their rights with law<\/p>\n
enforcement if they feel that their First Amendment rights to engage in newsgathering activity<\/p>\n
are being violated.<\/p>\n
Furthermore, journalists in the field should stay apprised and mindful of any dispersal orders or<\/p>\n
curfews that may impact their ability to be in public spaces. Many state and local curfews<\/p>\n
contain exemptions for members of the media, but members of the press should stay aware of<\/p>\n
any developments that may impact their ability to safely or legally be at the scene of a public<\/p>\n
demonstration.<\/p>\n
Texas journalists should contact the Texas Press Association at 512-477-6755 or the Reporters<\/p>\n
Committee for Freedom of the Press at 800-336-4243 or rcfp@hotline.org<\/a>. <\/p>\n <\/p>\n Read more from the original source: The killing of George Floyd and the ensuing civil unrest have placed journalists at the center of large-scale protests and demonstrations across the United States, including in major metropolitan centers throughout Texas. Continue reading
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