Discussion 4.

1
I believe that student photojournalists should not be treated differently than
their professional photographer counterparts by law enforcement. The reason
why I am taking this stance is because I believe it is safe to assume that
student photojournalists operate in a similar fashion, and the majority will
also easily fit the conditions that allow them to achieve First Amendment
protection for their actions.
To me a more important question is: Why should not they be treated
similarly? I do believe there is a difference between photo hobbyists and photo
journalists, and that they should be approached differently, but I do not find a
photo journalist that is a student to differentiate too much from a
professional. Therefore, I think that similar rules should be applied to student
photojournalists. Professionals are protected by the First Amendment if they
adhere to the following: a plaintiff must show that he possessed: 1) a message
to be communicated; and 2) an audience to receive that message, regardless of
the medium in which the message is to be expressed (1). In addition to that,
there are a couple of other rights that are important to take a note of. As a
photographer, you have a right to photograph anything in public places where
you are lawfully present. If you are on the private property, you are forced to
obey the rules set by the property owner. Police officers are not allowed to
confiscate, demand to see or delete the photographs or videos you have taken
without a warrant. However, police officers are authorized to and will order
citizens to cease activities if they interfere with law enforcements operations
(2). It is important for everyone to understand their rights and follow basic
rules to make sure that everyone is acting in accordance with the law. What is
upsetting however is the fact that in the case study examples provided by the
discussion topic, these rules seemed to not apply when authorities were
dealing with student photojournalists. From brief descriptions available, it
does not seem like the students did not adhere to the law or went beyond their
rights, and yet that did not stop police officers from arresting them. All of the
arrested students were either enrolled in photography classes or were part of
their colleges newspapers, which right away allows them to be protected by
the First Amendment as long as they remain on a private property and do not
break any other laws, such as trespassing or interfering with police operations.
The only reason students had to go through these additional troubles is

because they are not treated the same way as professional photographers,
which to me seems illogical as both have similar purposes in their careers. In
the cases of multiple students, it really seems like police officers might be
applying their authoritative powers when it is not exactly appropriate. And
unfortunately, this occurs more and more often. Perhaps the lack of
understanding of the law by the police is the core problem here. Mickey
Osterreicher, a lawyer who handles photographer intimidation cases, had
noted that: Many police departments (large and small) do not have policies or
guidelines addressing the issue of the right to record/photograph and those
that do provide very little training on the subject. [] The result of such police
ignorance and arrogance concerning these constitutional rights is a costly
combination, ultimately born by taxpayers who can ill afford it (3). The law
recognizes student photojournalists and their basic rights, while police
continues to arrest innocent people.
I still believe that student photojournalists are no different from the
professionals and should be treated similarly. And it seems like such
conclusion is widely accepted and supported by the law. However, there
continues to be an issue when student photojournalists are involved with the
police officers. The way to resolve such incidents is to make sure that both
parties are well informed about the rights of both parties and are reinforced to
act according to them to decrease the problematic encounters.
References:
(1) Bill Kenworthy. "Photography & the First Amendment". First Amendment
Center. N.p., 1 Jan. 2012. Web. 19 Nov. 2014.
http://www.firstamendmentcenter.org/photography-the-first-amendment
(2) Unknown author. "Know your rights: Photographers". ACLU. N.p., Jul.
2014. Web. 19 Nov. 2014. https://www.aclu.org/free-speech/know-yourrights-photographers
(3) Nathaniel Popkin. "Photographers under assault". Hidden City
Philadelphia. N.p., 13 Apr. 2012. Web. 19 Nov. 2014.
http://hiddencityphila.org/2012/04/photographers-under-assault/