NYPD must drop charges against photojournalist for taking pictures at vigil

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The restraining order obtained by Arizona Sen. Wendy Rogers against Arizona Capitol Times reporter Camryn Sanchez on April 19, 2023.

An Arizona judge struck down ([link removed]) a restraining order against a journalist whose supposed offense was to knock on a state senator’s door while investigating her residency. The judge ruled on Wednesday that the reporter, Camryn Sanchez, had a “legitimate” purpose for her actions and that the senator, Wendy Rogers, did not have a “reasonable” basis to fear the journalist.

It’s the right ruling, of course, but arguments made at the hearing were nonetheless concerning. Rogers’ lawyer contended that the state legislature’s recent passing of legislation ([link removed]) to keep elected officials’ addresses and other personal information out of the public record meant that it was reasonable to bar journalists from politicians’ doorsteps. We’ve written ([link removed]) that similar legislation, even where seemingly well-intended, creates a slippery slope that will ultimately reduce transparency and accountability. But we never imagined an argument quite so preposterous.

Fortunately this particular judge didn’t buy it. But what about the next one? After all, another judge, Amy Criddle, granted the restraining order in the first place, despite Rogers making her intention to muzzle journalists clear, remarking ([link removed]) , “The idea here is for the person to learn their lesson and then leave the situation alone, correct?”

Also worrisome was an exchange at the end of the hearing where the judge (perhaps inadvertently) implied that he may have ruled differently had Rogers posted “no trespassing” signs or specifically instructed the journalist not to come to her homes. Rogers’ lawyer reportedly ([link removed]) responded by announcing in open court that no journalists are welcome to knock on Rogers' door. Of course, government officials have no power to unilaterally banish reporters who are investigating them, and any implication otherwise is troubling.


** Photojournalist arrested for taking pictures at vigil
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Photojournalist Stephanie Keith was arrested ([link removed]) on Monday night while documenting a candlelight vigil in response to the killing of Jordan Neely ([link removed]) . Initial reports said she would be charged with interfering with three arrests but she was ultimately charged ([link removed]) only with disorderly conduct.

Video footage ([link removed]) shows her neither interfering with arrests nor engaging in any kind of “disorderly” behavior. Instead, she appears to have briefly stepped off a crowded sidewalk to get a picture, prompting an officer to scream repeatedly to “lock her up.” She identified herself to police as press several times, but to no avail.

All evidence so far indicates that the only “interference” was by police — interfering with the freedom of the press. The Civilian Complaint Review Board ([link removed]) is reportedly investigating. Keith’s attorney summed up the situation in his statement ([link removed]) that “the message being sent to all of the NYPD police officers and residents of New York City is that the Constitution does not matter and that freedom of the press does not matter.”

Authorities should drop all charges and apologize. But even that would be too little, too late, and Keith should still sue.


** White House press policies draw criticism
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The week after President Biden rhetorically embrac ([link removed].) ed ([link removed].) press freedom at the White House Correspondents’ Association dinner, the administration is raising eyebrows for limiting journalists’ access.

The Washington Post editorial board ([link removed]) called President Biden a “media evader” for holding zero solo press conferences so far in 2023. President Trump was similarly criticized for not holding press briefings, although he made clear ([link removed]) that he was retaliating for “rude” questions. Biden has not announced his reasons — the Post speculates that he’s looking to hide his propensity for “gaffes” — but the effect is the same.

The White House was also criticized ([link removed]) for new rules allowing it to deny “hard passes” (which entitle journalists to regular access to the press briefing room) to reporters it deems unprofessional. Courts struck down Trump’s efforts to expel journalists he didn’t like, citing the absence of written standards. Biden’s fix was apparently to put something in writing but make it as vague as possible to retain the discretion to arbitrarily ban reporters.

We’re not saying Biden needs to spend all day talking to journalists or allow his press briefings to become free-for-alls. Frankly, we’re far more concerned with his prosecution ([link removed]) of Julian Assange for routine newsgathering than with his press conferences, and we wish editorial boards shared that sentiment. But if he’s the friend of the press he proclaims himself to be, he needs to make himself reasonably available for questioning and ensure that any rules governing his administration’s press briefings are as clear-cut and narrowly tailored as possible.


** National Press Club panel highlights journalist arrests
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We closed out the week of World Press Freedom Day with a National Press Club-hosted panel discussion of the press freedom climate in the United States, particularly arrests of journalists for doing their jobs. We were joined by moderator Steve Reilly, investigative reporter for The Messenger, as well as journalists Matilda Bliss and Veronica Coit of the Asheville Blade and Dion Rabouin of The Wall Street Journal.

Bliss ([link removed]) and Coit ([link removed]) were convicted by a judge last month for recording police at a public park. They’re scheduled for a second trial on June 12, this time before a jury, if prosecutors don’t heed the demands ([link removed]) of Freedom of the Press Foundation (FPF) and over 45 rights organizations and media publishers to drop the case. Rabouin was detained ([link removed]) last year for conducting routine interviews on a sidewalk outside a bank. Video showed officers continuing to insist he had trespassed no matter how many times he told them he didn’t realize the sidewalk was bank property and was
willing to leave if they’d only allow him to do so.

The journalists discussed their experiences and the panel shared best practices ([link removed]) for journalists when dealing with police, as well as resources available to journalists. Video of the event is available here ([link removed]) .


** What we’re reading
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Biden administration hunts for high-value Russians for potential prisoner swap ([link removed]) . It’s been six-plus weeks since the arrest of respected Wall Street Journal reporter Evan Gershkovich in Russia on sham espionage charges. Reports say that the Biden administration is aggressively exploring its options to negotiate his release. That’s good news. It’s time to finally bring him home. House Foreign Affairs Committee leaders also introduced ([link removed]) a resolution calling for his release, while several members of Congress wrote ([link removed]) to him to express their support.

DeSantis still wants defamation bill targeting conservative and 'legacy' media outlets ([link removed]) . Ron DeSantis’ efforts to weaken protections against frivolous defamation suits by politicians and celebrities failed, at least for now, after conservative media outlets recognized ([link removed]) that the bill would hurt them more than anyone. But DeSantis says he plans to try again, and who knows which other governors are dreaming up copycat bills. The solution, as we’ve said before ([link removed]) , is for Congress to codify the protections DeSantis wants to get rid of at the federal level.

Deadly Pattern: 20 journalists died by Israeli military fire in 22 years. No one has been held accountable. ([link removed]) The Committee to Protect Journalists reports that, despite 20 documented killings of journalists by the Israel Defense Forces over the last 22 years, no one has been charged in any of those cases. “The impunity in these cases,” CPJ says, “has severely undermined the freedom of the press, leaving the rights of journalists in precarity.” The report coincided with the one-year anniversary ([link removed]) of the killing of Palestinian American journalist Shireen Abu Akleh. After repeatedly changing its story (once video evidence forced it to do so), Israel admitted she was likely shot by one of its soldiers, but no one has been held accountable.


** Keep DDoSecrets online

DDoSecrets needs our support so it can continue its work exposing the inner workings of extremist groups, weapons manufacturers, military and political groups and more. You can contribute here ([link removed]) .
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** FPF and Field of Vision host free digital security trainings
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We are hosting a series of free digital security trainings geared towards filmmakers and media makers with our partner, Field of Vision! Join us to learn more about how to protect your data in the field, during the edit, and on the circuit. Sign up ([link removed]) here ([link removed]) .


** Subscribe to our digital security newsletter
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FPF has a new weekly newsletter on digital security and journalism! It’s a short update on digital security news, what you can do about it, and other news from our team. Subscribe here ([link removed]) .
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