WASHINGTON, D.C. — The Student Press Law Center is advising high school and college journalists who plan to cover the scheduled anti-war rally to be held in Washington, D.C. this Saturday, January 27, to take several precautionary steps to avoid being arrested or detained as were several student reporters and photographers attempting to cover World Bank/International Monetary Fund meeting protests in D.C. in 2002.
Although the District of Columbia police have new rules governing interactions between the police and media, the Center offers some advice for college student journalists planning to cover the protest that could help them avoid problems. The SPLC recommends:
1) Bring credentials. Every student journalist covering the event should have something that clearly identifies him or her as a member of the press. D.C. police have said that they recognize official media credentials issued by any government law enforcement agency. Thus a personalized credential from your local, county or state police department may be the best identification. If that isn’t available or cannot be obtained in time for the event, an official credential document identifying the journalist by name and photo as a member of their publication staff may be the next best alternative.
2) Avoid the appearance of being a participant in the protests. Wearing insignia, carrying signs or joining in chants with protest participants (or counter-protesters) increases the likelihood that a journalist will be perceived as there for a purpose other than to collect information and cover the news. Editors should ensure that they know which of their staff members are there to cover the events so that if trouble should arise, they can immediately identify each staff member as a journalist and not a protester.
3) Bring a cell phone and at least $50 cash. If detained or threatened with arrest, the ability to contact outside help quickly can be important. Have a means for contacting your editor, adviser or an attorney if necessary. It might be wise to make a plan for all reporters and photographers on the scene to check in periodically with an editor or another newspaper staff member outside of the protest area who will be available during the protest. If arrested, you will not want to pay any “post and forfeit” fee unless you are willing to admit to the offense you’ve been accused of (see point 5 below). Butif there comes a point where you choose to pay for your release, you’ll need the cash to do so. But be forewarned that despite police pledges, those who “post and forfeit” are not necessarily released any sooner than those who choose to contest the charges against them.
4) Obey all police orders. If ordered by police officials to leave an area or disperse, move outside the crowd and find a place to observe and cover as close as possible. If possible, identify yourself as a journalist to the officer in charge and ask for guidance as to where you can continue your job without interfering with theirs. If you believe police are acting unlawfully or unreasonably in orders given to you, you should do your best to document the names and titles of those involved as well as the names and contact information of other witnesses. If possible, take photos or video of the police misconduct and, as soon as possible, write down what happened. It is generally not a wise idea to disobey a police order on the scene, but you can ask them to reconsider if you make clear that you do not want to interfere with their efforts and will ultimately obey an order given. However, as soon as is practicable, contact an attorney for guidance on how to file a formal complaint.
5) If arrested or detained, act immediately. First, inform the police officers in question that you are a journalist there to cover the events and show them your press credential. If they disregard your status, encourage that they contact their superior officer or Metropolitan Police Department Acting Chief Cathy L. Lanier’s office before they take any action against a member of the press. Second, contact your editor or other staff representative and let him or her know what’s happening. Third, if police insist on arresting or detaining you, let them know that you wish to contact your lawyer and do so immediately. Do not agree to plead guilty (or “no contest” or pay a “post and forfeit fee”) to any charge without first talking to legal counsel or fully understanding what you are doing. If you believe you are not guilty, you only preserve all of your legal rights by pleading “not guilty.”
On Saturday, January 27, D.C. media/criminal law attorney and director of the Washington, D.C., professional chapter of the Society of Professional Journalists Robert S. Becker, Esq., has agreed to provide on-the-scene assistance to any student journalist that is arrested or detained covering the protests. Student journalists in need of such assistance or who have questions in advance of the rally should contact the Student Press Law Center at (703) 807-1904.
D.C. agrees to settle lawsuit with student photographers arrested at protest News Flash, 1/6/2004 D.C. police admit IMF protest arrests were ‘improper’ News Flash, 9/17/2003 Media groups protest student journalists’ arrests, seek police department policy barring interference with newsgathering News Flash, 3/7/2003 Seven reporters detained during IMF protests; suit filed for “trap and arrest” The Report, Winter 2002-03 George Washington journalism, law students sue over arrests News Flash, 10/22/2002 D.C. drops charges against photographer arrested at protests News Flash, 10/18/2002 Account from IMF protests points to police bias against student media News Flash, 10/2/2002 Six student journalists arrested while covering IMF protests News Flash, 10/1/2002