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How much should you charge for a photograph?Texas Superintendent Forbids Al Jazeera Reporter From Videotaping People At Game
A Texas school superintendent wanted to make it clear he was not racially profiling or stereotyping when he forbade an Al Jazeera reporter from shooting video at a high school football game Friday.
After all, he said in a public statement today, he celebrates the unification of cultures by listening to “Fiesta Night” music.
But despite his tolerance of other cultures, he would never allow a journalist to use a camera at a “public event, on public property and at a public school function.”
That would be violating something he refers to as the students' “FERPA rights.”
While it may sound official, the Family Educational Rights and Privacy Act has nothing to do with students getting videotaped in public. It simply ensures their grades remain confidential without prior consent from students.
And in a town of 1,500 people in the northeastern corner of the panhandle, everybody knows everybody else's business anyway. 
Booker School Superintendent Michael Lee posted his statement on the school district’s website after reporter Gabriel Elizondo wrote about his experience on Al Jazeera, but it has since been removed and can now be viewed on Al Jazeera.
Elizondo, who is Brazilian, is traveling the country interviewing people about the effects of 9/11.
Like many Americans, Lee was most likely distrustful of Al Jazeera because it is an Arabic-owned station based in the Middle East.
But Al Jazeera has proven to be just as trustful – if not more - as many American-owned news companies (insert punchline here).
Al Jazeera is owned by the State of Qatar, a country which is allied with the United States and has built a reputation of independent, controversial and investigative journalism in the Middle East.
This is how Elizondo recounted his experience:
“I am a journalist crossing the country doing random stories about the 10 year anniversary of 9/11 and I was hoping to talk to some people here about it at the game, and get some opinions.”
He then said something I could not entirely make out, because his voice sort of quivered from a combination of being obviously furious and nervous at the same time.
But I am pretty sure he said:
“I think it was damn rotten what they did.”
“I am sorry, what who did?” I say, not sure exactly if he was calling me rotten, the terrorists rotten, Al Jazeera rotten, or all of the above.
“The people that did this to us,” he says back to me with a smirk, still glaring uncomfortably straight at my eyes.
“Well, I think it was bad too,” I say. “Well, do you think, sir, we can film a bit of the game and talk to some people here about just that?”
“No. You can’t film, you can’t take pictures, or interview people.”
Comments
What the fuck, I watched 9/11 happen, people in my town died. How dare this fucking terrorist, who seeks to undermine the constitution of the united states the document that my grandfather fought in the Philippines protecting and defending. How could he be a principle in a American school.
Rich getting fired up about the Constitution? Backing a photographer instead of the "rights of the children?"
Bravo Sir. And very well said. The principle is indeed a terrorist.
How quickly, these days, one can get labled a "terrorist" is utterly amazing.
Okay, what do you call an enemy of the Constitution and freedom in this country?
Well possibly disloyal or traitor definitely asshole, jerk, dumbass, schmuck etc etc but terrorist no.
A politician?
sorry.. couldn't resist! :)
A dissident or in rare cases a traitor. The more we label people as "terrorist" the more widely accepted it becomes. Once it becomes accepted the government will use it to describe anyone they don't like. That's why it was so easy for the government in the UK to use anti-terrorism legislation against photographers . It's also why the TSA is always off the hook for ignoring the 4th amendment and often ignoring their own policies.
I wouldn't even go as far as calling this principal a dissident. Ignorant is more like it.
I think Michael Lee needs to resign. He is a jerk. He's also woefully uninformed about global news.
How come I don't believe his excuses about what he said?
Mr. Lee do you look for the boogie man in the closet and under the bed before you go to bed?
Al Jezeera is ten times better than any crap "reporting" at Faux, MSNBC, CNN, etc.
This douche should be canned.
This is another example of how effectively our government's propaganda has been in instilling fear and hate into its citizens. Too many people in the USA have no idea what goes on in the "outside" world...outside of their town or county. My guess is that the school official has never watched Al Jazeera and seen their objectivity and their comprehensive news coverage. They do a much better job of reporting the news than the "American" networks do.
Rich, I'm not sure that the principal's ignorance warrants him being called a terrorist. He is just an uninformed small town low level official who has met his cultural and professional limitations.
Even though he could have taken photographs and been well within the law, I applaud the reporters discretion in this case.
Carlos, you should contact the reporter (or Al Jazeera) and invite him back...you would make the perfect escort in a situation such as this!
Tom, a grown man who does not know what the Constitution is? Never heard of it?
Come on now.
He is US citizen who deliberately usurped the our 1st Amendment and our freedom.
Terrorist is an appropriate label for him.
ter·ror·ism
n.
The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.
ter·ror·ist
n.
One that engages in acts or an act of terrorism.
adj.
Of or relating to terrorism.
How does failing to follow the constitution apply to the above? I can't see how it does. The guy said no filming. Is he wrong? Completely but a terrorist come on guys use some sense.
I used the word terrorist as a play of words, in what reads as your typical xenophobic racist post, but ends with a turnaround. Labeling the principle the terrorist and not the Man of middle eastern decent. it was supposed to be humorous.
The superintendent however would make a good Taliban, In fact most Texans would, replace Muhamid with the Bible and you GOT TEXAS
Rich, have you ever been to Texas? I'm not talking about an overnight stay for business, or just passing through, but have you ever had an extended(week, month, year(s)) stay in Texas? I'm willing to bet you haven't.
I was born and raised in Texas. I've lived in 9 states and visited over 30 (not counting those states I just passed through). I've also traveled the world, even taking up residence in Indonesia for a few years, and I've never found another place that I could honestly say was better than Texas. I currently live in Florida, and I like it here, but nothing even remotely compares to TX.
I personally don't give a fuck if you're atheist or not. As far as I'm concerned you can sit in that basement of yours believing in nothing until you keel over and rot, but do me a favor and don't insult my home and I will pay you back in kind.
I never said I was an atheist, did I, and that is the FIRST problem with people from Texas. The superintended assumed this man was a terrorist and YOU assume for some unknown illogical reason that I am an atheist. How incredibly rude.
In your typical Texas town, there is, if your lucky one convenience store. Piss the owner off and you don't get your coffee, SO people are forced to be nice even if they think the guy is a total prick. Its PHONEY nice, its as real as the little Texas 9 year old's being made up to look like little sluts.
Now in other parts of the world there are convenience stores on every corner. I could call the owner of every one a prick, every day for a year, by the time I arrived back at the first he would have forgotten me. people are nice, not out of necessity, But simply because they choose to be.
Book banning, Knowingly executing Innocent people, Fighting for years for slavery and then for segregation. The long list of Texas inhumanity to there fellow man is well documented in history and is still going on with zeal today. SO FUCK TEXAS and every Fundamentalist Cavemen riding a Dinosaur, science denying backward ass bigot in it.
I put Beans in my chilly not because I like beans all that much, but ONLY to spite Texas. IM Irish, I would rather be English then a Texan. If I ever visit Texas I would make sure to bury My shit well out of site, they can feed themselves. A typical Texas women's face could back a hungry dog off a meat truck, turn a train off the tracks and down a dirt road. Texan men are hung like The Texas women.
But the worst part about Texas is that they have NO sense of Humor, walking around like uptight strutfarts taking there obnoxious State way to seriously.
Was that too harsh? I think I am about done.
Don't make me start on the Fucktarts that inhabit Florida.
NOW be a good Christian and forgive me.
Please, Rich, enlighten us about Florida.
It is a well known fact that the centrifugal force created by the rotation of the earth has sent the dredge of humanity to the lowest section of our country for many years. Let the whales and the Dolphins GO!!!
Rich, you say I'm "rude" because I assumed you were an atheist (an assumption I continue to maintain)? I was trying to be as civil as possible in my response to your completely classless comments, but now I see that you only understand one language, so I'll translate and summarize my previous comment for you.
Buddy, you're a fucking scumbag. Go fuck yourself with a chainsaw. How is that for "rude"?
Is that all ya Got? You can try harder then that. I am not even a little bit insulted.
I know, you have some class Rance, Try harder on the sense of Humor. I realize that having ultra fundamentalist physco christian roots makes Humor Difficult so I do have pity for you it must be like being dyslexic.
I guess your still working on the Forgiveness. I forgive you and I am a scumbag. Try harder OK.
But ask yourself Kilroy if the reporter had ignored the order how quickly do you think a organized group of people in blue would have used violence against him? Despite the law our society embraces but to enforce there own agenda as to what they think society should be.
Maybe terrorist is a strong word how about Quasi-terrorist.
Fair enough. I'll go with Kilroy238 and his suggestion of "traitor". Dickweed works. Asshat. Buttmunch. Douche Bag.
I'm easy.
Here is a link to FERPA regulations, from the Texas Education Agency:
http://www.tea.state.tx.us/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID...
Note that it deals with PII - Personal Identifiable Information. Among other things, this includes photographs. Here is the most relevant section, which ironically deals with school directories. However, the terms are defined very broadly, and do not explicitly say that they are limited to actual school directories. Rather, "directory information" is defined in such a way that includes photographs, among other things:
Ensuring the Safety of Students
Schools must have the flexibility to implement directory information policies that reflect their specific needs and policies without endangering students or opening the door for abuses of that information by allowing schools to limit the use of directory information.
FERPA defines “directory information” as information contained in an education record of a student that would generally not be considered harmful or an invasion of privacy if disclosed. Directory information may include elements such as the student’s name, address, telephone number, photograph, date of birth, place of birth, grade level or major field of study.
In other words, the principal was doing his job. If he was the principal at my kids school, I would expect the same thing, regardless of media.
That said, if Mr. Elizondo wants to drive a little deeper into Texas and interview me and my kids - heck, even if he wants to interview people at a local football game - I would be more than willing to help him. But he won't be able to do it on a whim - that world was going away well before 9/11...
"FERPA defines “directory information” as information contained in an education record"
So tell us again how filming a football game has anything to do with information contained in an educational record please.
I suppose it is illegal for kids to post pictures of their school friends on facebook?
If the photos are taken during school hours, then it probably is illegal, even if it is not addressed by FERPA. Texas Education Code 26.009 defines this a bit, and only states that a school district employee is not required to obtain parental authorization for creating video under some specific circumstances.
My local school district states that video may be recorded "for Media coverage of the school". Does that mean that anyone can come into a football game and interview whomever they want without permission? Probably not, especially if minors are involved.
And we all know, school district regulations override everything else, including both state and national Constitutions.
Sure sounds like this guy is a member of the media, attempting to provide coverage of the school. Even if he wasn't a member of the media,
"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." -Glik v. Cunniffe http://www.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf
Also, what Bergman said.
Also, Texas Education Code - Section 26.009. "Consent Required For Certain Activities" applies only to "An employee of a school district", not to members of the media. http://law.onecle.com/texas/education/26.009.00.html
You asked "Does that mean that anyone can come into a football game and interview whomever they want without permission?" Probably, yes. It's called freedom of the press. It's a cherished right in the United States.
So I guess that means the fine people of Booker, TX have no visual records of their kids playing sports, attending games, performing in plays, bands, etc...you get my drift. And no news stations have ever come to video tape ANY game in Booker, TX. for the evening sports.
Hmm...you know, I just find that so hard to believe.
"In other words, the principal was doing his job. If he was the principal at my kids school, I would expect the same thing, regardless of media."
I disagree. FERPA is designed to protect confidential student records, not whether or not they play football. It does not (nor ever would) cover videotaping or photography of students at public events on public property. The expectation of privacy can easily be dismantled in this instance if a team roster is provided to the public for such an event.
The principal was an obtuse ass. His interest was not in "protecting" the privacy of his students in an arena over which he has limited authority. He was finding some bureaucratic excuse for enforcing his xenophobia. I'm sure if it had been an affiliate for the local FOX news station, he would have tripped over himself to accommodate the reporter in any way possible.
So I guess yearbooks are out in the Panhandle of Texas.
He wanted to make it clear he was not racially profiling or stereotyping...
Sounds just like "No offense, but..." or "Not that I have anything against [insert ethnic group here], but..."
Not that I think the guy's a little moron who let a little power go to his head, but...
We'll talk about tolerance tomorrow, apparently.
Exactly.. Just like; "Some of my best friends are [insert ethnic group here], but..."
Lee is a racist.
From 1962 to 2005 I photographed at hundreds of schools and colleges thousands of school events for the school yearbooks and four daily newspapers in Virginia, North Carolina, Maryland, Washington DC, New Mexico, Arizona and Texas. Not once did I ever have to show any ID. All I ever had to do was say, "I'm here to photograph for ------, and I was always let in.
I'll concede that everything you said is entirely true, but can you imagine anything more terrifying to a Texan than an educated Latino with 'them haji scribbles' on the side of his camera?
It's like a combination of everything his warped little mind has been taught to despise.
If I were anything other than a WASP I'm sure I would have been questioned more often. Although a Latino in New Mexico would also have very little problem. Texas is a very different story, I had thought about taking a job offer at a paper in Big Spring, and after meeting some of the people I decided against it, I thought they were way over the edge crazy conservatives.
Isn't Texas buring to the ground right now. Maybe they need to pray harder for rain?
While the superintendent was out of line, your claim that Al Jazeera is a credible, trusted news source is pretty ignorant of who they actually are. You might want to get someone who understands arabic to translate their real pieces for you, not their made to placate the west English reports. Of course the reporter should have had full access, regardless of how hateful the company he works for is.
Well, a lot of folks claim that Fox News is a credible trusted news source also. Or CNN, CNBC, etc.
Also, do you think people in the middle east or anywhere outside the US don't have the same opinions about our 'credible, trusted news sources' that you have of theirs?
How about we say an "internationally recognized news organization" then?
Under Suspicion At The Mall Of America
http://www.npr.org/2011/09/07/140234451/under-suspicion-at-the-mall-of-a...
"Unfortunately the world has changed," says Bausch.
Yes, the terrorists have won a great victory.
The terrorists won as soon as the US Govt decided to ignore and overrule the Constitution of the United States of America with the ill-advised and mis-named "Patriot" Act. And as these jackasses continue to extend it and its illegal provisions, we all lose.
Those who will give up freedom for security are deserving of neither.
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