An Arizona judge struck down 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 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 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, “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 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

Photojournalist Stephanie Keith was arrested on Monday night while documenting a candlelight vigil in response to the killing of Jordan Neely. Initial reports said she would be charged with interfering with three arrests but she was ultimately charged only with disorderly conduct. 

Video footage 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 is reportedly investigating. Keith’s attorney summed up the situation in his statement 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

The week after President Biden rhetorically embraced press freedom at the White House Correspondents’ Association dinner, the administration is raising eyebrows for limiting journalists’ access. 

The Washington Post editorial board 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 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 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 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

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 and Coit 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 of Freedom of the Press Foundation (FPF) and over 45 rights organizations and media publishers to drop the case. Rabouin was detained 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 for journalists when dealing with police, as well as resources available to journalists. Video of the event is available here. 

What we’re reading

Deadly Pattern: 20 journalists died by Israeli military fire in 22 years. No one has been held accountable. 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 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.

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