Seems like every week I’m reading another story of the rights of photojournalists getting stomped on. Today, no exception. In this Virginia case, the cops seized unpublished photos from the James Madison University newspaper using a search warrant that violates journalist’s privilege under the First Amendment, the Virginia Constitution and common law.
“The settlement ends a month-and-a-half long debate over the photos, which began when someone from the prosecutor’s office called the student newspaper a few days after the riot and asked for copies of unpublished photos. The Breeze staff declined to do so, citing the journalist’s privilege under the First Amendment, the Virginia Constitution and common law, according to the settlement. The prosecutor’s office also contacted the university’s director of judicial affairs and general counsel, who declined to intervene, according to Garst’s statement. The next day, Garst received a search warrant for “all electronic devices” that are “on the premises or possessed or owned or leased or used by ‘The Breeze’ or by any of its employees, agents or members,” so they could obtain photos, videos or other images recorded that weekend, according to a copy of the warrant. Garst and a number of plainclothes officers then executed the warrant…” -Washington Post
Turns out that somebody at the prosecutors office realized this was a no-no. The Washington Post reports further that, “In a statement Garst apologized ‘for the fear and concern that I caused the Breeze and its staff. The discussions that have occurred have enhanced my understanding and re-enforced the role of a free press in our democracy.’ Garst said that in the future, when seeking information and documents from news organizations, including student media, she will do so through the subpoena process.”
Imagine that. The legal way. Read more here.
(via The Washington Post. Thanks @nelsonhd)
The press is being, well, pressed from a lot of sides. Market forces, less than competent prosecutors/law enforcement and the public’s lack of understanding on what the Constitution actually says regarding these matters.
And now the FTC wants to basically take over the news business… maybe a nose under the tent sort of thing, but it is a big nose that is being proposed. Today’s LA Times: http://latimesblogs.latimes.com/washington/2010/06/federal-trade-commission-free-press.html
Not sure that freelance PJ’s, Student PJ’s or small, independent of the Government PJ’s will fare very well under these proposed “Re-Inventions” if you will.
We as a community must be willing to fight hard against a fast moving snowball of rights / privilege grabs by those in the highest levels of power. It makes no difference which side of the ‘aisle’ one is on, as the powers shift from left to right… so wanting a lot of power when ‘my guy’ is in there translates to a lot of pain when the ‘other guy’ becomes the one in power.
The only way is to keep the freedom. It is reassuring that the Prosecutor apologized, it is disconcerting that she was so lacking in the basic fundamentals of her job that she had to.
I sometimes think this kind of action may be based on the notion that “it’s best to ask forgiveness later than ask permission”!
I’ve photographed a few political rallys. In our region, the same protesters show up at some of them–One group of young people were blowing whistles, banging on pots and pans with drumsticks–(some were blonde dudes with dreads, who looked…interesting), and a few days later, the Same People showed up on television from Raleigh, and then again later in the week from Charlotte, NC.
Sometimes members of law enforcement visually record such gatherings, usually to find people who are on the lam, not to simply find someone to arrest/harass.
Perhaps in this case, they were looking for particular individual(s).
It seems kind of “Governor Rhodes” of them to burst in with a Search Warrant.
Seems like the prosecutor could use a lesson in marketing.
It also seems that there are Four kind of people you don’t anger: Writers, Musicians, Talkshow Hosts and Visual Artists, ho ho.
Thanks for this story!
Maybe I’m devils advocate here – and obviously the search warrant is wrong, but why did the paper refuse the request for the unpublished photos? Seems like a legitimate request that only was made bad by the heavy handed nature of the follow-up – which as stated oversteps the mark. We hand over unpublished stuff of crime scenes/accidents/events all the time? Unless I’m mistaken of the details in the case – I can’t see what the problem is?
adam: you’re certainly right that the photos should be made available, but they should just be so thru the subpoena process, not seizure. seizure implies that the paper–if they were planning to run images–would no longer be able to in this sort of surprise attack format. the subpoena process is a process that gives the media time to decide whether or not to publish unpublished works at their discretion, rather than a court’s…
Adam,
Rights must be exercised & defended routinely or it will be acceptable for them to be trampled upon. This is a nation of law that must be followed by everyone, including the government… especially the government.
Makes me wonder not just when all this will end but also what will it take?
Glyn