Senator McGuire Introduces Legislation to Protect Press and Journalists From Being Intentionally Attacked and Detained

 

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[Stock image from Can Stock Photo]

Press release from Senator Mike McGuire’s Office.  Please remember that this is not neutral reporting but a press release from an interested party:

Freedom of the press is one of the foundations upon which America was born. That said, those freedoms are under attack here in 2020.

Intentional attacks or detainments of reporters and members of the press in the United States in 2020 have increased significantly, particularly during the nationwide anti-racism protests, according to the US Press Freedom Tracker, the Freedom of the Press Foundation and the Committee to Protect Journalists.

During recent protests reporters have been hit by rubber bullets, struck with batons, sprayed with tear gas, and detained, all while performing their critical role of documenting and informing the public of current events.

Senator Mike McGuire introduced SB 629, which will enhance and extend access and protections to members of the media who are attending demonstrations in order to gather vital information.

“Members of the press risk their personal health and safety each time they attend protests or rallies to get the public the information they need and deserve. Rubber bullets, tear gas, and even detainment cannot be the new norm for an essential pillar of our nation’s democracy. California must lead the way to ensure the right of the press and the First Amendment are protected and held to the highest standard,” Senator McGuire said. “SB 629 – The Press Freedom Act – will help ensure journalists can perform these critical roles while being protected under the law from any law enforcement officer intentionally assaulting, obstructing or interfering with their duties while they are gathering the news.” 

SB 629 – the Press Freedom Act – will ensure that journalists are protected as they attend demonstrations, marches, protests, and rallies. It will prohibit law enforcement officers from obstructing, detaining, assaulting or otherwise preventing the press from fulfilling their constitutional mandate in reporting on these events by making it a misdemeanor for any peace officer to do so.

Recent police action demonstrates that these statutory protections are critical to ensure our democratic system has access to newsworthy information to inform the discussion on the crucial issues that California and the nation face.

During protests throughout California in May, numerous reporters were injured during incidents with law enforcement.

For example, a reporter for KCRW, a Santa Monica NPR affiliate, was reporting at Beverly Boulevard and Fairfax Avenue when she was hit by a rubber bullet. She was holding her press badge above her head at the time.

A Buzzfeed News reporter was detained by the Santa Monica Police while documenting a protest.

A KPIX CBS affiliate reporter was detained by law enforcement while reporting on protests in Oakland.

A San Diego Union-Tribune reporter was shot with pepper balls while he was documenting protests in La Mesa.

While California law allows reporters and members of the press to enter natural disaster emergency areas for the purpose of gathering information, these protections do not expressly extend to protests. SB 629 provides these protections.

The legislation is supported by the California News Publisher’s Association, The California Broadcasters Association, California Black Media, Impremedia, Ethnic Media Services and the First Amendment Coalition.

The legislation is co-authored by: Senators Hertzberg, Hill, Wiener, Gonzalez, Portantino and Skinner and Assemblymember Wicks.

SB 629 will be heard in the Assembly Public Safety Committee in the coming weeks.

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39 Comments
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Guest
Guest
Guest
3 years ago

Freedom of the press is not the same as guaranteed safety when they place themselves in a chaotic situation. Nor should it mean that their right of free speech means a carte blanc to place themselves where they interfere with police action, even if their reason for being there is solely to report. It does not mean they have a guarantee to be anywhere they want on demand. At best it means they have a right to report what they observe from as safe a place as they choose to have. It may make for a more dramatic photo op to stand in between the police and rioters but that is not necessary to report about the conflict. Another law layering more protection is not needed by the public- it is only wanted to protect the press from paying for its greed in wanting the most drama it can find to sell itself.

🤣
Guest
🤣
3 years ago
Reply to  Guest

Actually no, but nice try correcting the constitution.

This is America. Not "the Colonies"
Guest
This is America. Not "the Colonies"
3 years ago
Reply to  Guest

Plenty of videos show riot police intentionally targeting press. If not, then those officers are just out if control, acting indiscriminately. A crowd control assignment should be narrow and not a free for all right? Cuz that would be riot! Police are funded to suppress violence not instigate it.

Guest
Guest
Guest
3 years ago

If that is true, then there are courts sue for damages. Just like everyone else.

max
Guest
max
3 years ago
Reply to  Guest

if? you’re in here having opinions and you don’t know? and what kind of whiskey are you drinking for breakfast that has you thinking that the courts will side with people over cops? have you been paying attention at all?

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  max

Didn’t you know, Guest has every angle of every subject figured out. Guest is here to guide us through our ignorance into enlightenment.

Guedt
Guest
Guedt
3 years ago
Reply to  max

No. I know that sometimes it is true and sometimes it is not true. If you’re going to find fault with not stating in terms of absolutes, then it must mean you think that reporters never act carelessly, mistakenly, stupidly, aggressively or arrogantly. In which case, you are delusional.

Bushytails
Guest
Bushytails
3 years ago
Reply to  Guest

Except we won’t get rid of qualified immunity, so you generally can’t take the cops to court.

I like stars
Guest
I like stars
3 years ago

If there are plenty of videos showing police intentionally targeting press, why not link to at least one?

I strongly dislike low lifes
Guest
I strongly dislike low lifes
3 years ago

Well said Guest.

Mike
Guest
Mike
3 years ago

So now it might be a misdemeanor to shoot the press with rubber bullets? California’s really tough on crime so that should solve the problem. But if you defund the police, who’s going to cite and release the police?

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  Mike

I don’t think you know what “defunding” the police entails. Maybe read up about it instead of listening to FOX hysteria.

max
Guest
max
3 years ago
Reply to  Mike

republicans (and some democrats) have been defunding the schools for years. all of y’all trying to keep the bloated police budgets that had nothing to say about the defunding of schools can sit down and be quiet.

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  max

Yep.

Guest
Guest
Guest
3 years ago
Reply to  max

Touting the importance of schools at the current moment of the extended shut down might be sarcasm except that is not in tune with the tenor of the comment. The police are still showing up for work.

I like stars
Guest
I like stars
3 years ago
Reply to  Guest

You know it’s summer right?

Teachers worked until the end of the school year.

Mike
Guest
Mike
3 years ago

Defunding the police “redirecting funds from the police force to community support such as social services, youth services, housing, education, and other community resources” so which one of those social services is going to cite and release police officers for shooting reporters with rubber bullets?

Pharmstheproblem
Guest
Pharmstheproblem
3 years ago
Reply to  Mike

Well said!

Connie Dobbs
Guest
Connie Dobbs
3 years ago

So if you’re detained, whip out your cellphone and say you’re a journalist.

🤦
Guest
🤦
3 years ago
Reply to  Connie Dobbs

There’s this thing called “Press Passes! Riot police beat people who were obviously press. Stop side stepping the problem.

Ullr Rover
Guest
Ullr Rover
3 years ago

In this day and age what constitutes the “press”?

Ullr Rover
Guest
Ullr Rover
3 years ago
Reply to  Ullr Rover

Is someone live streaming to effbook “press”? Posting to their blog? Posting to instagram? Twitter?

Canyon oak
Guest
Canyon oak
3 years ago
Reply to  Ullr Rover

That’s what I was wondering exactly.
What is the press? or a journalist? or a citizen journalist? or a activist journalist?
Do I have to be making money at it to be part of the press?
I’m technically part of today’s press, because I have a smartphone and I watch YouTube.
As with everything in today’s world, the meaning of words and professions seem to have been diluted to the point of complete confusion

Guest
Guest
Guest
3 years ago
Reply to  Ullr Rover

In a world of a myriad of social advocacy groups funded by people with agendas and lots of money, even traditional press credentials means little professionalism. It’s sort of like Emotional Support Animals- everybody makes their own rules.

Ullr Rover
Guest
Ullr Rover
3 years ago

With regards to language in this press release, “…fulfilling their constitutional mandate…”, none of the freedoms enumerated in the Constitution are mandated by the Constitution, they are attempts to enumerate Natural Laws. Neither the Constitution nor the government are the origin of the enumerated (and unenumerated- 9th Amendment ) freedoms layed out in the Bill of Rights.

SmallFry
Guest
SmallFry
3 years ago

A bill like this is long overdue. I don’t know how many times I have seen press targeted, and ran off. Actually, reading info on what was happening at CHAZ… one of the things I disagree with was not accepting press. I am not a fan of Corp. media.. I understand the disdain, and how often issues are convoluted too obscurity. One the Major failings of say Venezuela regimes or even Cuba was the suppression of the press. It’s definitely a new age of information. And in that case.. misinformation. Sill long live 1A!

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  SmallFry

Suppression of the press is one of the goalposts of a Dictatorship. Hence Trump’s constant cries of Fake News , habitually attacking and wanting to shut down the Free Press.

Dave Kirby
Guest
Dave Kirby
3 years ago
Reply to  Yeah,sure

It seems to me that a compulsive liar will always be at odds with a free press. Trump started his term lying about his inauguration and its been non stop ever since. When he called the press an enemy of the people he pretty much assured it would be a rocky relationship. Lately he’s been mad at FOX whose talking heads will go down as the fool’s chief enablers.

Guest
Guest
Guest
3 years ago
Reply to  Dave Kirby

A free press, if it really was concerned with lying rather than advocacy, would have been equally concerned with the Clintons, Biden, Ocasio-Cortez, Waters, etc, but they’re pretty silent. Same with commenters.

Yeah,sure
Guest
Yeah,sure
3 years ago
Reply to  Guest

Who said they weren’t? Where do you get your information?
Most of your comments have this underlying constant whataboutism.

SmallFry
Guest
SmallFry
3 years ago
Reply to  Yeah,sure

Trump is definitely on the suppression of the Press train. I actually think he is a closet commie… and an open fascist… His latest efforts to suppress John Bolton’s book are almost comical… If Mr Bomb them all John Bolton wrote a book on how bad tump is.. he has gotta be bad! Lol….

But it’s definitely being attacked by the left right now too. Like with all the pressure on Facebook right now to limit Freespeech. Seems like the goal post is the same regardless of the team…

A concerned citizen
Guest
A concerned citizen
3 years ago
Reply to  SmallFry

Trumps tweets, like them or not, are efforts to communicate directly with American citizens, “unfiltered” by the “press”. If the official press was more effective and unbiased, he probably would tweet less, if at all.

Yeah,sure
Guest
Yeah,sure
3 years ago

That’s a laff. He was tweeting his “expert” opinions years before his presidency (if you can call it that) and he will tweet every day when he’s out of office, especially if he loses this election. It’s ridiculous to say there is no publication that would print his *cough* words truthfully. There are plenty of right leaning publications.

rollin
Guest
rollin
3 years ago

So the same leftist douchebags who physically attack conservative speakers on campus, de platform conservative youtubers, ban conservative Facebook and twitter accounts, are incapable of anything but screaming racist in response to any opposing viewpoint, are now suddenly concerned about free speech huh? Too funny. Hippycrits!

Ullr Rover
Guest
Ullr Rover
3 years ago
Reply to  Kym Kemp

In case anyone missed it, Bari Weiss’s resignation letter from the NY Times:

Dear A.G.,

It is with sadness that I write to tell you that I am resigning from The New York Times.

I joined the paper with gratitude and optimism three years ago. I was hired with the goal of bringing in voices that would not otherwise appear in your pages: first-time writers, centrists, conservatives and others who would not naturally think of The Times as their home. The reason for this effort was clear: The paper’s failure to anticipate the outcome of the 2016 election meant that it didn’t have a firm grasp of the country it covers. Dean Baquet and others have admitted as much on various occasions. The priority in Opinion was to help redress that critical shortcoming.

I was honored to be part of that effort, led by James Bennet. I am proud of my work as a writer and as an editor. Among those I helped bring to our pages: the Venezuelan dissident Wuilly Arteaga; the Iranian chess champion Dorsa Derakhshani; and the Hong Kong Christian democrat Derek Lam. Also: Ayaan Hirsi Ali, Masih Alinejad, Zaina Arafat, Elna Baker, Rachael Denhollander, Matti Friedman, Nick Gillespie, Heather Heying, Randall Kennedy, Julius Krein, Monica Lewinsky, Glenn Loury, Jesse Singal, Ali Soufan, Chloe Valdary, Thomas Chatterton Williams, Wesley Yang, and many others.

But the lessons that ought to have followed the election—lessons about the importance of understanding other Americans, the necessity of resisting tribalism, and the centrality of the free exchange of ideas to a democratic society—have not been learned. Instead, a new consensus has emerged in the press, but perhaps especially at this paper: that truth isn’t a process of collective discovery, but an orthodoxy already known to an enlightened few whose job is to inform everyone else.

Twitter is not on the masthead of The New York Times. But Twitter has become its ultimate editor. As the ethics and mores of that platform have become those of the paper, the paper itself has increasingly become a kind of performance space. Stories are chosen and told in a way to satisfy the narrowest of audiences, rather than to allow a curious public to read about the world and then draw their own conclusions. I was always taught that journalists were charged with writing the first rough draft of history. Now, history itself is one more ephemeral thing molded to fit the needs of a predetermined narrative.

My own forays into Wrongthink have made me the subject of constant bullying by colleagues who disagree with my views. They have called me a Nazi and a racist; I have learned to brush off comments about how I’m “writing about the Jews again.” Several colleagues perceived to be friendly with me were badgered by coworkers. My work and my character are openly demeaned on company-wide Slack channels where masthead editors regularly weigh in. There, some coworkers insist I need to be rooted out if this company is to be a truly “inclusive” one, while others post ax emojis next to my name. Still other New York Times employees publicly smear me as a liar and a bigot on Twitter with no fear that harassing me will be met with appropriate action. They never are.

There are terms for all of this: unlawful discrimination, hostile work environment, and constructive discharge. I’m no legal expert. But I know that this is wrong.

I do not understand how you have allowed this kind of behavior to go on inside your company in full view of the paper’s entire staff and the public. And I certainly can’t square how you and other Times leaders have stood by while simultaneously praising me in private for my courage. Showing up for work as a centrist at an American newspaper should not require bravery.

Part of me wishes I could say that my experience was unique. But the truth is that intellectual curiosity—let alone risk-taking—is now a liability at The Times. Why edit something challenging to our readers, or write something bold only to go through the numbing process of making it ideologically kosher, when we can assure ourselves of job security (and clicks) by publishing our 4000th op-ed arguing that Donald Trump is a unique danger to the country and the world? And so self-censorship has become the norm.

What rules that remain at The Times are applied with extreme selectivity. If a person’s ideology is in keeping with the new orthodoxy, they and their work remain unscrutinized. Everyone else lives in fear of the digital thunderdome. Online venom is excused so long as it is directed at the proper targets.

Op-eds that would have easily been published just two years ago would now get an editor or a writer in serious trouble, if not fired. If a piece is perceived as likely to inspire backlash internally or on social media, the editor or writer avoids pitching it. If she feels strongly enough to suggest it, she is quickly steered to safer ground. And if, every now and then, she succeeds in getting a piece published that does not explicitly promote progressive causes, it happens only after every line is carefully massaged, negotiated and caveated.

It took the paper two days and two jobs to say that the Tom Cotton op-ed “fell short of our standards.” We attached an editor’s note on a travel story about Jaffa shortly after it was published because it “failed to touch on important aspects of Jaffa’s makeup and its history.” But there is still none appended to Cheryl Strayed’s fawning interview with the writer Alice Walker, a proud anti-Semite who believes in lizard Illuminati.

The paper of record is, more and more, the record of those living in a distant galaxy, one whose concerns are profoundly removed from the lives of most people. This is a galaxy in which, to choose just a few recent examples, the Soviet space program is lauded for its “diversity”; the doxxing of teenagers in the name of justice is condoned; and the worst caste systems in human history includes the United States alongside Nazi Germany.

Even now, I am confident that most people at The Times do not hold these views. Yet they are cowed by those who do. Why? Perhaps because they believe the ultimate goal is righteous. Perhaps because they believe that they will be granted protection if they nod along as the coin of our realm—language—is degraded in service to an ever-shifting laundry list of right causes. Perhaps because there are millions of unemployed people in this country and they feel lucky to have a job in a contracting industry.

Or perhaps it is because they know that, nowadays, standing up for principle at the paper does not win plaudits. It puts a target on your back. Too wise to post on Slack, they write to me privately about the “new McCarthyism” that has taken root at the paper of record.

All this bodes ill, especially for independent-minded young writers and editors paying close attention to what they’ll have to do to advance in their careers. Rule One: Speak your mind at your own peril. Rule Two: Never risk commissioning a story that goes against the narrative. Rule Three: Never believe an editor or publisher who urges you to go against the grain. Eventually, the publisher will cave to the mob, the editor will get fired or reassigned, and you’ll be hung out to dry.

For these young writers and editors, there is one consolation. As places like The Times and other once-great journalistic institutions betray their standards and lose sight of their principles, Americans still hunger for news that is accurate, opinions that are vital, and debate that is sincere. I hear from these people every day. “An independent press is not a liberal ideal or a progressive ideal or a democratic ideal. It’s an American ideal,” you said a few years ago. I couldn’t agree more. America is a great country that deserves a great newspaper.

None of this means that some of the most talented journalists in the world don’t still labor for this newspaper. They do, which is what makes the illiberal environment especially heartbreaking. I will be, as ever, a dedicated reader of their work. But I can no longer do the work that you brought me here to do—the work that Adolph Ochs described in that famous 1896 statement: “to make of the columns of The New York Times a forum for the consideration of all questions of public importance, and to that end to invite intelligent discussion from all shades of opinion.”

Ochs’s idea is one of the best I’ve encountered. And I’ve always comforted myself with the notion that the best ideas win out. But ideas cannot win on their own. They need a voice. They need a hearing. Above all, they must be backed by people willing to live by them.

Sincerely,

Bari

FBnative
Guest
3 years ago

From what I saw they didn’t appear to have identifying signage. How would you know if they were press or just a person with a camera who didn’t disperse when told? Hiding behind a wall doesn’t help to identify him as press.

David Brose
Guest
David Brose
3 years ago

Right on Bari, learn to hang glide.