Journalism versus the law

Sunday, November 9, 2008

By Austin Bates

In my weekly search of media related news, I came across an interesting news story about a young man reporting the news becoming part of it himself, through the use of the College Media Matters blog. Apparently he is a photographer with the Daily Collegian on Pennsylvania State College's campus, and after a football game one night, decided to start photographing a riot that began shortly after. Police breaking up the riot saw the photographer and asked him to leave the area. After several times of refusing to do so (by not leaving, that is), he was lead out of the area, had his driver's license confiscated, and later in the week, was charged with several criminal offenses.

This situation vexes me a little. By some accounts in the news story, the photographer displayed his identification signifying him as an official reporter for the college paper, and conceded to most of the officer's demands, even assisting them at one point; it's not like he was directly involved in the riot, like the police are claiming he was. He was peacefully photographing the scene and events like any good reporter should do, and does, without consequence.

The Constitution, specifically, the First Amendment, guarantees the rights of the press to do their duty, and the photographer was apparently doing just that. Therefore, he should be allowed to continue photographing the events of the riot, so long as he does not interfere or block police work (which would be something for which a criminal charge would be justifiable and understandable). People have as much a First Amendment right to say what they want to say as they have a right to hear (and see) what they want to.

As an up-and-coming photojournalist myself, I'm not sure if I would have the courage to ignore police requests to leave an area, like the photographer covering the riot apparently did, but I can only hope I would stand up for my rights as a citizen and member of the press. I agree that there should be cooperation between the press and police services, especially in the area of coming up with a quickly verifiable method of identification of the members of the press. Obviously, there is a need for the police to be able to perform crowd control on a riot, and just because you have a camera or a recorder does not mean you are a member of the press, but there is also a right of the press to cover the news.

Hopefully, future generations will be courageous enough, like the photographer at the riot was, to cover the news regardless of attempts at police intimidation.

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