October 5, 2024

New report provides recommendations for cops and reporters during mass demonstrations

 

PERF members,

I previously wrote to you about a meeting PERF held last year with representatives from police agencies and media organizations. As I wrote then, I think the two groups have much in common: “They need to get their facts right. They need to be where the action is to accomplish their jobs. They need to judge whether the people they interact with are credible. And they’re often running towards an incident while others are running away.

But they sometimes find themselves at odds. The purpose of this meeting, held in conjunction with the Department of Justice COPS Office and the Reporters Committee for Freedom of the Press, was to develop guidelines for police-media interactions during mass demonstrations, in hopes that the two groups will find themselves at odds less frequently.

January 6 insurrectionists destroying news crew equipment during the Capitol riot. Source: @Journo_Christal on X

We had a lively discussion about a number of issues related to demonstrations, including who is considered a journalist and when that distinction matters, how and when media should identify themselves to police, where media do and do not have a right to be when demonstrations turn violent, and what should occur when police inadvertently detain a journalist when arresting individuals protesting illegally.

This week the report was released by the COPS Office. Its recommendations, which cover the time periods before, during, and after a demonstration, include:

  • Police agencies and news outlets should establish relationships long before any demonstration or other incident occurs.
  • Police agency policy should emphasize the media’s essential role in a free society, as well as journalists’ First Amendment rights.
  • Police agency policy should clearly state that all members of the public, including members of the media, have the right to observe and record what they like in public spaces —including recording police officers and government activity.
  • Police agencies should hold regular training on mass demonstration response, including interactions with members of the media.
  • Media organizations should provide journalists with regular training on demonstrations.
  • Police should provide a point of contact for members of the media during an event.
  • Police should regularly share updates with the public and members of the media about demonstration activity and any police response.
  • Journalists should carry media-issued credentials while covering any event.
  • Police agencies should provide members of the media with an opportunity to show their credentials during any interaction.

I expect many of your agencies are already largely following these recommendations. But during some of the more chaotic and violent demonstrations of the summer of 2020, we saw instances of police impeding reporters’ ability to cover the story. Many of these actions were taken in error. In some cases, police were clearing an area of violent demonstrators and failed to distinguish between that group and working journalists. I hope that with better policy, training, and communication, future mistakes and misunderstandings can be avoided.

Then-LAPD Chief Michel Moore speaks with demonstrators in June 2020 as journalists document the interaction. Source: LAPD Facebook page.

We are exactly one month away from the federal election, so police agencies should be preparing for the possibility of demonstrations. Should demonstrations occur, police will be there protecting individuals’ rights and preserving public safety, and journalists will be there capturing the story. I hope you have an opportunity to review these recommendations over the next month as you prepare for any possible demonstrations.

I want to thank the COPS Office and the Reporters Committee for being excellent partners in this project, and PERF staffers Rachel Apfelbaum and James McGinty for all their hard work. I encourage you all to review the report. I’m sure police and media will continue to find themselves sometimes at odds. But we all share a common goal of protecting rights and preserving public safety, so I think there’s room for us to find more common ground.

Best,

Chuck