At the risk of incurring the wrath of “BurnedOutCrabbyOlNewsies,
Are We Really a Free Press?Submitted by Kaptnvideo on Sat, 03/17/2007 - 9:10pm.
At the risk of incurring the wrath of “BurnedOutCrabbyOlNewsies, ( topics: General Media )
I hope you did not interpret my remarks to suggest that we should be allowed to tromp anywhere we want and destroy evidence--That would be ridiculous. I only want to raise the topic for discussion, because the initial reflex of law enforcement is always to erect a large perimeter to keep cameras from recording a scene, which is not prohibited by any State or Federal law. No one wants to compromise an investigation, but we are often relegated to the boonies, because of a personal bias against the news media by police officers. This is what needs to be challenged at every opportunity. I don't know about the press, I do know something about police arrogance and they are the most arrogant people in the world. Not all police are arrogant. But the uniform, gun, badge etc. does attract those who want to flaunt their macho image. I've had very cross words with Portland Police on this very topic. If the public is allowed somewhere, so are we so I just walk in. I've seen them huff and puff but the know it's an unlawful order to direct us away and allow the public up close. In a couple of cases when I've protested, they have quickly pushed the public back away rather than allow us up closer. You must be kidding. Our legislature is still befuddling the FOIA and Portland police even confiscate home video cameras inside the house, if in use to record their actions, when they enter. I thought I read somewhere in the Patriot Act, using cameras to observe police actions were now against the law. Remember Freedom...now it means your choice of bubble gum. Your article is well taken and I commend you for opening a very necessary discourse on having a Free Press. I remember quite well when press helicopters were warned away from a drug bust and an officer in a questionable shooting. The police were very indignant that possibly a bad shooting by one of their own could be exposed. If I remember right the alert to officers was the Marijuana aroma permeating from closed windows and doors. And I believe this became known as free press keepone block away.. In other markets I've worked, the big city Police Department was always the best as far as access and they were the easiest to work with. But here in Portland, it's the opposite. Small town departments seem to work much better with the media, while Portland constantly carries a big chip on their shoulder. That's just what I've found anyway. It's known as the Mason-Corridori Act, after the reporter/photographer team from KATU who brought this issue to light. It was in response to being given access to fire scenes expecially during forest fire operations. Here is the text of the law: SECTION 1. ORS 162.255 is amended to read: 162.255. (1) A person commits the offense of refusing to assist in fire-fighting operations if: (a) Upon command by a person known by the person to be a firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or (b) Upon command by a person known by the person to be a firefighter or peace officer the person intentionally and unreasonably disobeys a lawful order relating to the conduct of the person in the vicinity of a fire. (2) Subsection (1) of this section does not apply to a person working for a news organization if the person is reporting on the fire and the person does not unreasonably interfere with fire-fighting operations. [(2)] (3) Refusing to assist in fire-fighting operations is a Class B violation. Approved by the Governor July 22, 2005 This law is all but worthless for media. All this law says is media can't be held liable for failing "to assist in fire-fighting operations". This law does not address media "access" at all. It simply allows the media to avoid criminal charges if they don't help assist in fire-fighting operations. known for anything but being mean and arrogant (and violent). Don't call the police if you have a problem. If your kid is threatening to kill everyone with his knife, don't call the police. Handle it yourself. If nobody called the police, then we wouldn't need so many police officers in PDX. We could lay them off and then we wouldn't have so many mean and arrogant police. Everyone can be their own cop and face the perils themselves. And the city will be much nicer and friendlier and everyone will get along just fine. Because, the police are the problem, not the crooks and criminals. They are just nice people and if they knew we were nice to them they would not be bad and we would all have a perfect place to live, if it weren't for those mean and arrogant police. Yeah, that is the way it should be. After all, this is Portland. You're presenting two choices: arrogant, violent police or NO police. Possibly, there is a gray area somewhere between these extremes. Perhaps police that a) exist and b) aren't arrogant and violent. I have no dog in this fight--my encounters with the police have been few and courteous--but your argument is nuts, and I felt the need to point that out. Carry on. As a private citizen, I've had 95% great dealings with the local cops. They even caught the guy who burgled my house nearly 20 years ago--and got my stuff back! And were funny (Detective Touk, I think his name was--hilarious guy)! They've always been here for me. As a reporter, that number drops (mostly due to covering a couple of protests/riots), but not by much. Now, having said that, I'm a middle class white woman, and it's possible I might have had a different experience if I weren't. ----- ...all the protesters were entirely innocent. I'm not defending Portland Police..but to throw a blanket statement out there is absurd. I've spent a lot of time in downtown Portland, and been close to many of these "Marches of the Week." I know for a fact that many protesters could care less about the "cause" ... some have told me they only march to mix it up with police or break things. Makes for a real "peaceful" peace march. Sadly, this is another reason fewer and fewer people take marches seriously anymore. Face it, the only reason the common man/woman care about marches is when their commute home on a Friday is disrupted. And even then, they don't care about the reason for the march. It's reality. We're saturated with so many marches for various causes that it's only natural that they warrant less media coverage. I'm all for free speech, but I'm starting to feel that these (insert cause here) marches like this do little more than make the participants feel self-important. (dons an asbestos suit) You equate a few of those cute anarchist kids with the thousands of folks who showed up yesterday and marched peacefully. anyway, i get paid to MAKE TV. when somebody pays me to WATCH TV,i'll monitor all of the stations for you. I saw at least one station lead with the violence. For what it's worth I caught Jim Hyde's pkg this morning (which I'm sure was the same one as last night after the protest) and it was well done. Focused 90 percent of the piece on the peaceful protesters and then at the end, mentioned the pepper spray and those who got arrested. For our family who took part, this was how we hoped it would be portrayed. Thankfully at least this time, FOX 12 looked past the sensational and the story reflected how we felt it was out there. Thanks Jim. We're saturated with so many marches for various causes that it's only natural that they warrant less media coverage.
You definatly were not watching KATU.... is yes. From a constitutional pont of view the press is as free as it ever has been. That freedom extends to the choices the "press" makes in terms of what to report, who to expose,who to praise and who to revile. In my mind the "press" ,generally, has evolved similarly to American culture. Is that good? I'm not sure. Does it "feel" good? Not to me. Why did I march Sunday? It's time I made a choice to be a citizen. I think Kaptvideo's question is specific to police lines. Not police, not police abuse, not protests, but keeping media back at scenes where civilians are allowed to be closer. Nothing is more frustrating than being told you need to be back "for your safety" when there is a pregnant woman and or children right down in front of you inside the lines. The rule should be since we are the public also, we should be allowed to be where the public is, and if at all possible, facilitated at getting closer.
Yeah, I agree, but why not just get rid of crime news and not report it? Not because you can't get close but because there are a bunch of better things to be reporting on. again, this is a different thread topic. But I'll answer. I was on a story once, breaking news, a Trimet accident with the MAX line if I remember correctly. Someone was killed. We got smart and found a location in a behind a business where we had a great vantage point of the stopped MAX car. The PIO was about 2 blocks away at a fast food restaurant. An officer saw us setting up to go live and told us that the PIO was down the street and to go see him. We told him we would do that as soon as our live shot was clear. He yelled at us saying that if we didn't leave that he'd move the crime scene perimeter back a block to force us to leave. I've had a couple exchanges like this with police. Now, overall we all get along. We wave or say "hi" in passing, but there are a few bad apples out there. I don't let them represent the whole. They know we have to do our jobs, and we recgonize that they have to do theirs. As long as we understand that on both sides of the yellow tape everything is grand. Kaptnvideo seems to be an experienced photog and should probably be aware of the following couple of points that most journalists know to be true. -Accident: When there are serious injuries or fatalities, part of the police procedure is to find next of kin and notify, prior to publicly identifying the victims. No doubt most journalists are sensitive to this. But showing an accident scene on TV can inadvertently identify victims (through car makes and models, license plates etc.) before next of kin is notified. It happens. -Crime scenes: Crime scene information is frequently kept under wraps while investiations are pending because unique information about the scene may help solve the crime and ensure the correct person is prosecuted. If a crime scene is being broadcast over and over again as is usually the case, the unique info about the scene is gone and that can hinder an investigation. Does any of this justify the general public being allowed 2 blocks closer to a crime scene than reporters? The answer is no. When an officer tells me to get farther away than the public from ANYTHING, I politely tell him/her "no" and point out the reason why. I've done this many, many times over the years in sseveral cities and never have I had a problem. Sometimes the public is moved back.. Sometimes I'm moved back. The real issue is that not enough reporters challenge the sometimes unreasonable demands of police officers. We BOTH have a job to do.. I respect them and expect the same in return - not to be punished simply because I work in the media. There is no way curious onlookers could feasibly identify the victim of a serious accident to the general public. A camera and a TV broadcast can. It happens. I've worked in several markets too. I've been so close to car accidents that I was able to clearly see bodies being pulled out. In those cases I felt the cops were not doing their job keeping us back. It's not about whether anyone can identify bodies, or see the empty beer cans on the floor of a crumpled car. The point is clearly that the police have no business making arbitrary decisions about what they want us to see and report. It isn't their job to tell the media not to show bodies on TV or in print. That is the job of editors and news managers to set standards for ethical conduct by journalists in their shops. Police are not the gatekeepers of information. We are. They are there to ensure public safety and investigate crimes and accidents. Our presence in no way interferes with that duty. We've all been close to accidents where we see more than we should show on the air or print in the paper. That's nothing special. But I have also missed important shots because of being kept around a corner or so far away, I couldn't see anything worthwhile. Again, it's not the responsibility of the police to restrict our access to information, of any kind. When they do, they violate our Fourth Amendment rights. It's called "prior restraint." Not much different than having a cop in the newsroom telling the producers which stories to include or delete from the show, or which photos may appear in the paper. If I am covering a protest, and cops tell protesters to get out of the street and on to the sidewalk, then I had better cover the protest from the sidewalk, unless I want to get maced. That's different than being told to get back 100 feet from where protesters are being arrested and taken into custody. Again, presence does not constitute interference. And neither of them justifies restriction of access. It is perfectly acceptable, (and constitutional) to photograph public areas of crime scenes, interview witnesses, conduct research about those involved and report all of the above, and still not interfere with investigation and notification functions of law enforcement. The fact that accident scenes and crime scenes are shown on TV and in Print has never compromised a criminal conviction or kept next of kin from being notified. Occasionally, next of kin have learned of the death of a family member or loved one from the media. (Columbine, New York, 9/11, and many other instances.) That is an inescapable reality of electronic journalism. Can you imagine the absurdity of not allowing the media to report on such events, until all three-thousand families had been notified? Hardly. Should every detail of each investigation be available for public scrutiny? Of course not. But this is the 21st Century. We are an Information based society, and people want to be informed NOW. It should be journalists who decide what information to print or broadcast. If they err, then bring a charge of hindering prosecution, and make it stick. We are a free society, not a Fascist State. on any of the portland television stations. Give me a story date and time when we have. 14C.30.010 Authority to Restrict Access to Certain Areas. A. Whenever a threat to the public health or safety is created by any emergency, a Portland police officer may restrict or deny access to any persons to the area where such threat exists, for the duration of such threat, when the officer reasonably believes the presence of such persons would constitute a danger to themselves or others or would substantially interfere with the performance of the police or other emergency services. For purposes of this Section, an emergency includes, but is not limited to an escaped prisoner, a natural disaster, a fire, an explosion, an accident, a riot, the presence of an armed person, a hostage incident or a bomb threat. B. Whenever it appears to be reasonably necessary to investigate, or to preserve or collect evidence of criminal acts, a police officer may restrict or deny access to any area. C. As used in this Section, "restrict or deny access" means that a police officer has the authority to regulate or prohibit the presence or movement of persons or vehicles to, from, and within any area, to evacuate persons and to move or remove any property therefrom, until the reason for such restriction or denial of access no longer exists. D. It is unlawful for any person to enter or to refuse to leave any area closed or restricted in access pursuant to Subsections (A) or (B) above, unless such person has specific statutory authority, or the permission of the on-scene ranking police officer, to be within such area. }}}}} this an ongoing problem police do infer that they have the authority to control what we film. "you cannot have a reasonable expectation of privacy while in public view" is what i have to tell them all the time. I probably get more instances of intimidation than most media due to my hours and the story's I cover. we are sooner or later going to have to get them in court on a open and shut case of violating our rights. I have hours of footage of cops telling me to effectively go away, I don't. and the most arrogant of them hate me the most. I think the real problem is that the police have intentionally forgotten their oath of office to protect the first amendment to justify imposing prior restraint. I could go on about this for hours it's a very serious issue that needs to be addressed. some day I'll actually finish doing a documentary on this. one of my most used questions when confronted with being told not to do my job is "articulate how that instruction is in complience with making reasonable provisions for news media?" where are the corporate media attorny's ? this is a saftey issue for spot news reporters. That most of the constitution works to place LIMITS on the power of the government and police. That's because they feared the government or police getting out of control. They worried about that so much that our founding fathers actually put in a special provision for us to help us keep the government and police transparent. They actually awarded us protection while limiting the power of others. If police are sworn to protect and defend the constitution, they should keep that in mind. Too bad this post wasn't about access to public records, open meetings laws and open government. Video from crime scenes and accident scenes? Who cares? That's TV for you I guess. There is plenty of fodder for each of those. I guess I raise this because I encounter it on a regular basis. Because TV tends to need more instant gratification, if we are kept out of a crime scene or away from an accident, we have pretty much lost the opportunity to capture images and information forever. With open meetings, public records, and open government, if you don't get it on the first attempt, you can usually go back and appeal a decision, or ferret out the information with time. Not always, but often. Post new comment |
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Just because someone is with the media doesn't mean they should have total access (or even ANY uninvited access) behind police tape. The tape does say- POLICE LINE - DO NOT CROSS
The last thing the police need to deal with is a camera person or reporter tromping around in a crime scene...probably picking up evidence to use it as a "prop!"