Nashville Police Arrest Journalist Covering Protest
Nashville police did not care that Matthew Hamill identified himself as a reporter as he was attempting to document the arrest of several Occupy protesters Saturday.
They arrested him anyway, accusing him of obstructing traffic.
But by the time they transported him to the police station, an officer in charge decided he wasn’t worth processing, so they released him without charges.
At that point it didn’t matter. They had fulfilled their goal of preventing him from documenting their actions.
However, he was able to document his own arrest, which you can see in the above video.
According to The Tennessean:
Matthew Hamill, who hosts This Occupied Life on 107.1 WRFN-LPFM, Radio Free Nashville, was videotaping the arrests of four Occupy Nashville protesters who marched down Lower Broadway when a Metro police officer grabbed him from behind.
“I’m with the press, I’m with the press,” Hamill says repeatedly, according to video of the incident posted on YouTube. The gathering crowd chants, “He’s media.”
“I don’t care,” the officer replies at least twice.
Hamill is at least the 36th journalist to be arrested nationwide covering Occupy protests since the movement began in September, including the third in Nashville, according to reporter Josh Stearns, who has been maintaining a list.
The issue has been getting a lot of media attention, including this article from the American Journalism Review where former Miami Police Chief John Timoney was interviewed.
The relationship between journalists and police officers has always been tense, of course. "They're both aggressive professions, and sometimes they get in one another's face," says John Timoney, former police chief in Miami and Philadelphia.
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Comments
However, he was able to documenting his own arrest, which you can see in the above video.
...able to document...
FYI, proof reading for you Carlos
Thanks, just fixed it from my iPhone
I'm not fond of the "I'm press" wail. It tends to segregate "real" media from everyone else, including guerrilla media, and promote the false view that "real" journalists merit special rights and special access. With the advent of blogging, the establishment media have been pushing the credentialization of reporters, which is the modern version of the odious licensing which hobbled the press in centuries past. Big Media are no more supportive of unfettered press freedom than politicians are.
I agree, the "establishment" media is part of the problem. Funny, when the Bill of Rights talks about "freedom of the press", it says nothing about credentials.
The "press" was defined in a 1938 US Supreme Court decision. “The press, in its historic connotation, comprehends every sort of publication which affords a vehicle of information and opinion.” Lovell V. City of Griffin. Thus anyone who's ever published in any media is a member of the "press" and the First Amendment applies.
You need to differentiate because the press is doing a job. They're covering a story, and while the police might need to arrest protesters from time to time, the need to arrest members of the press for being present is never there.
Arresting the press is a bit like arresting paramedics on site, it's ridicolous.
I would agree with you under this caveat. "Press" is NOT just the guys working for multi-million dollar corporations with bazooka sized cameras that have "CHANNEL 5", or "FOX NEWS" stenciled on the side. A blogger with a flip camera is just as much press as the Channel 5 person. They are also doing their job getting information out to the public and should also not be placed under arrest by police. The 1st amendment was NEVER meant to be selectively applied to wealthy media companies only.
"the need to arrest members of the press for being present is never there"
There is a difference from just being present to actually inserting yourself into the situation. It's hard to tell 100% from the video but it looks like he was int he middle of the roadway along with the other people being arrested. If it's illegal for the protesters, then it is illegal for a member of "the press".
I constantly see people that think they have special access simply because they are waving a camera or a smart phone around. It doesn't work like that and officers don't have the time to sort it out when they are in the middle of arresting people.
You're spot on for once, Johnny Law! People should be arrested for obstructing traffic, just like Lucy Burns.
It really irritates me that people are under the notion that press must mean you work for a TV station and that it affords you more protections than a standard citizen. Press can mean anyone gathering information to disseminate to the public. In the recent case of Glik V. Cunniffee, Savalis and Hall-Brewster; Appellate Judge Young states in his denial of immunity of the police who arrested Glik,
"It is of no significance that the present case, unlike
Iacobucci and many of those cited above, involves a private individual, and not a reporter, gathering information about public officials. The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public's right of access to information
is coextensive with that of the press."
He also continues with,
"Moreover, changes in technology and society have made
the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status."
http://www.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf
So yes, no need to yell out that you're press. The minute you have a camera in your hand you are considered it via the 1st amendment. Whether or not this person was impeding police or breaking any law is not something I could speak about since the video was very short and chaotic.
You can say you're press and not be part of big media. But if you say it, at least represent it with ethics, accuracy and fairness.
"But if you say it, at least represent it with ethics, accuracy and fairness."
then you wouldn't be working for Fox News or ESPN.
:-)
Pepper spray inventor Kamran Loghan questions police "use of force" regarding non- combatants.
http://www.youtube.com/watch?v=gV8hsGzPuX8&feature=player_embedded#!
What the guy should have said when the officer asked "How do you stop it?" referring to the camera, he should have said you don't, it's recording live to the internet.
I have a really good friend in the Nashville PD . . . I'll make some inquiries . . . and maybe I've been watching too much "Lethal Weapon 2" lately, but how come none of the journalists try the "diplomatic immunity!" line? Just to see what happens . . .
Pull that stunt on JL and he'll revoke it with his Glock.
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