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	<title>Observer &#187; NYPD or City Hall: Who&#8217;s Responsible for Reporter&#8217;s Rights?</title>
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		<title>Observer &#187; NYPD or City Hall: Who&#8217;s Responsible for Reporter&#8217;s Rights?</title>
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		<title>NYPD or City Hall: Who&#8217;s Responsible for Reporter&#8217;s Rights?</title>

		<comments>http://observer.com/2011/11/nypd-or-city-hall-whos-responsible-for-reporters-rights/#comments</comments>
		<pubDate>Mon, 21 Nov 2011 14:15:20 -0400</pubDate>
					<link>http://observer.com/2011/11/nypd-or-city-hall-whos-responsible-for-reporters-rights/</link>
			<dc:creator>Kat Stoeffel</dc:creator>
				
		<guid isPermaLink="false">http://www.observer.com/?p=199901</guid>
		<description><![CDATA[<p>Since  the surprise raid on Occupy Wall Street's encampment in Zuccotti Park  last Tuesday,  Mayor Bloomberg's office has been in full spin  mode. First defending the actions of the New York Police  Department, then minimizing the magnitude of Thursday's demonstrations and now loudly arresting an Al Qaeda sympathizer and would-be terrorist the FBI had determined wasn't a major threat. <!--more--></p>
<p dir="ltr">On  November 15, the mayor defended the media blackout that kept reporters  out of Zuccotti Park as the NYPD evicted its occupants, claiming it was  for the media’s own good. "It's to prevent a situation from getting  worse and to protect members of the press," the mayor said.</p>
<p dir="ltr">But  in light of reports that journalists were wrongfully arrested and  bullied, the New York Civil Liberties Union appears to be offering some  additional protection.</p>
<p dir="ltr">"Many  of you were roughed up, harassed and even arrested yesterday," read an  email sent out to reporters by an NYCLU employee last week. The email  urged reporters to come forward with stories of abuse from the Tuesday  raid.</p>
<p dir="ltr">"Problems  with the NYPD? Let me know," it said. "If need be, we can speak on  background only or we can keep names and other identifiers  confidential."</p>
<p dir="ltr">The NYCLU did not return request for comment, but we caught up with Norman Siegel, the longtime director of group, and a legal adviser to protesters. In 2009, Mr. Siegel successfully sued the city for police press credentials for non-traditional journalists.</p>
<p dir="ltr">“The bearer of a press card is entitled to cross police lines and  barriers for breaking news events,” Mr. Siegel explained. “Monday night  clearly was that.” There is a provision to deny press access, but the  order must come from a supervising officer or DCPI, not just any officer  on the street, he explained.</p>
<p dir="ltr">"It's  possible that a lot of what happened is a violation of NYPD patrol  guides,” he said. He was summoned down to Zuccotti Park himself at 1  a.m. the morning of the raid. In past demonstrations, Mr. Siegel and  other civil liberties advocates cooperated with the police to counsel  protesters on their rights and reduce total arrest counts. Mr. Siegel  was denied access to Zuccotti Park alongside reporters that morning,  when arrests totaled more than 200.</p>
<p dir="ltr">Mr.  Siegel was quick to add history shows the government can not delegate  fundamental rights like the First Amendment to law enforcement.</p>
<p dir="ltr">“It was unseemly for the city, through its police department, to deny journalists their right to report the news,” he said.</p>
<p dir="ltr">(It is worth nothing that it was the Mayor's office, not DCPI, that defended NYPD's arrest of reporters.)</p>
<p dir="ltr">“The reporter is not only doing his job,” Mr. Siegel said, “under the First Amendment, they’re doing their job for all of us.”</p>
<p dir="ltr">DCPI  Deputy Commissioner Paul Browne reiterated Mr. Siegel’s description of  NYPD’s limited mandate on <a href="http://www.wnyc.org/shows/bl/2011/nov/18/nypds-reponse-occupy-wall-street/">The Brian Lehrer Show on NPR on Friday</a>, when  he explained that NYPD is only concerned with unlawful conduct.</p>
<p dir="ltr">“We’re not in the business of judging whether a movement has political steam or not,” Mr. Browne said.</p>
<p dir="ltr">He  went on to explain that no reporters were arrested at Zuccotti Park  during the raid, where reporters cooperated and were held two blocks  back. As for the arrests of reporters made later that day elsewhere in lower Manhattan, they might not have happened with more oversight.</p>
<p dir="ltr">“Had  we had somebody there, DCPI would probably try to accommodate a  reporter getting caught up in a situation with a group pushing through  police lines,” he explained. He added that the five reporters had their arrests voided.</p>
<p dir="ltr">Mr. Browne made no defense for keeping media out of the Zuccotti raid altogether,  explaining that a press pass does not mean the automatic right to cross  police lines.</p>
<p dir="ltr">"There are other provisions,” he said, "providing basically we allow it at that moment."</p>
<p dir="ltr">"Just like a crime scene, we’ll bring reporters in after the fact."</p>
]]></description>
		<content:encoded><![CDATA[<p>Since  the surprise raid on Occupy Wall Street's encampment in Zuccotti Park  last Tuesday,  Mayor Bloomberg's office has been in full spin  mode. First defending the actions of the New York Police  Department, then minimizing the magnitude of Thursday's demonstrations and now loudly arresting an Al Qaeda sympathizer and would-be terrorist the FBI had determined wasn't a major threat. <!--more--></p>
<p dir="ltr">On  November 15, the mayor defended the media blackout that kept reporters  out of Zuccotti Park as the NYPD evicted its occupants, claiming it was  for the media’s own good. "It's to prevent a situation from getting  worse and to protect members of the press," the mayor said.</p>
<p dir="ltr">But  in light of reports that journalists were wrongfully arrested and  bullied, the New York Civil Liberties Union appears to be offering some  additional protection.</p>
<p dir="ltr">"Many  of you were roughed up, harassed and even arrested yesterday," read an  email sent out to reporters by an NYCLU employee last week. The email  urged reporters to come forward with stories of abuse from the Tuesday  raid.</p>
<p dir="ltr">"Problems  with the NYPD? Let me know," it said. "If need be, we can speak on  background only or we can keep names and other identifiers  confidential."</p>
<p dir="ltr">The NYCLU did not return request for comment, but we caught up with Norman Siegel, the longtime director of group, and a legal adviser to protesters. In 2009, Mr. Siegel successfully sued the city for police press credentials for non-traditional journalists.</p>
<p dir="ltr">“The bearer of a press card is entitled to cross police lines and  barriers for breaking news events,” Mr. Siegel explained. “Monday night  clearly was that.” There is a provision to deny press access, but the  order must come from a supervising officer or DCPI, not just any officer  on the street, he explained.</p>
<p dir="ltr">"It's  possible that a lot of what happened is a violation of NYPD patrol  guides,” he said. He was summoned down to Zuccotti Park himself at 1  a.m. the morning of the raid. In past demonstrations, Mr. Siegel and  other civil liberties advocates cooperated with the police to counsel  protesters on their rights and reduce total arrest counts. Mr. Siegel  was denied access to Zuccotti Park alongside reporters that morning,  when arrests totaled more than 200.</p>
<p dir="ltr">Mr.  Siegel was quick to add history shows the government can not delegate  fundamental rights like the First Amendment to law enforcement.</p>
<p dir="ltr">“It was unseemly for the city, through its police department, to deny journalists their right to report the news,” he said.</p>
<p dir="ltr">(It is worth nothing that it was the Mayor's office, not DCPI, that defended NYPD's arrest of reporters.)</p>
<p dir="ltr">“The reporter is not only doing his job,” Mr. Siegel said, “under the First Amendment, they’re doing their job for all of us.”</p>
<p dir="ltr">DCPI  Deputy Commissioner Paul Browne reiterated Mr. Siegel’s description of  NYPD’s limited mandate on <a href="http://www.wnyc.org/shows/bl/2011/nov/18/nypds-reponse-occupy-wall-street/">The Brian Lehrer Show on NPR on Friday</a>, when  he explained that NYPD is only concerned with unlawful conduct.</p>
<p dir="ltr">“We’re not in the business of judging whether a movement has political steam or not,” Mr. Browne said.</p>
<p dir="ltr">He  went on to explain that no reporters were arrested at Zuccotti Park  during the raid, where reporters cooperated and were held two blocks  back. As for the arrests of reporters made later that day elsewhere in lower Manhattan, they might not have happened with more oversight.</p>
<p dir="ltr">“Had  we had somebody there, DCPI would probably try to accommodate a  reporter getting caught up in a situation with a group pushing through  police lines,” he explained. He added that the five reporters had their arrests voided.</p>
<p dir="ltr">Mr. Browne made no defense for keeping media out of the Zuccotti raid altogether,  explaining that a press pass does not mean the automatic right to cross  police lines.</p>
<p dir="ltr">"There are other provisions,” he said, "providing basically we allow it at that moment."</p>
<p dir="ltr">"Just like a crime scene, we’ll bring reporters in after the fact."</p>
]]></content:encoded>
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