Being a journalist, particularly an independent investigative journalist like myself, can be very hazardous to one's health and safety. In the last 20 years, the National Security State and its minions have made it increasingly hard to cover meetings, protests and events.
In one of the latest examples of the growing, out-of-control Police State, media members were physically attacked by members of the Berkley Police Department as they attempted to cover the recent protests in Berkeley concerning the killings of unarmed black men in several states.
"The independent media workers of Guild Freelancers, a unit of the Pacific Media Workers Guild (Newsguild-CWA Local 39521), condemn the outrageous attacks on working journalists by police in the East Bay," wrote Bill Snyder, Chair, Guild Freelancer. "We unreservedly support the exercise of First Amendment rights in pursuit of the public's right to know."
The Guild Freelancers, of which I am a member, is a growing part of the Pacific Media Workers Guild and The Newspaper Guild-CWA. They represent freelance journalists and freelance workers in all types of media. They advocate vigorously on freelancers behalf in the marketplace, the Legislature, and the public mind. They work to provide benefits, services, and educational programs for all of their members as the publishing industry evolves.
Not only do the police and other agents of state repression often beat and attack journalists, but they often harrass and arrest journalists in the course of doing their jobs. For example, David Gurney, independent journalist, was arrested for filming and asking a question of corrupt officials of the privately-funded Marine Life Protection Act (MLPA) Initiative at a public workshop in Fort Bragg in 2010.
The officials of the tainted process, including the co-chair of the Science Advisory Team for the North Coast who is now in federal prison for conspiracy to embezzle over $830,000 from the Yurok Tribe, repeatedly and systematically suppressed science and any dissenting opinions in order to create a "network" of fake "marine protected areas" that violate traditional tribal fishing and harvesting rights.
The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Unfortunately, local authorities like those in Berkeley and the state and federal governments have waged a virtually war on the First Amendment and journalists in recent years. They are empowered by the Patriot Act, NDAA, and a host of state and federal laws and local ordinances that attempt to criminalize dissent.
I must add that the Berkeley Police, in spite of Berkeley's image as a "progressive" city, have a long history of brutality, repression and suppression of the First Amendment. When I worked with the Coors Boycott workers from Golden, Colorado as a UFW organizer in coordinating protests at liquor stores in Berkeley in 1977-1978, the absolute worst, most bullying cops I encountered were the ones in Berkeley. By contrast, the police in Hayward, Fremont and other East Bay cities were much more restrained and respectful of our First Amendment rights.
In the open letter below, the Society of Professional Journalists (SPJ) NorCal responds to reports of police force used on journalists in Berkeley:
Dear Mayor Bates and Chief Meehan:
The Northern California chapter of the Society of Professional Journalists condemns, in the strongest terms possible, the outrageous conduct of law enforcement officers who assaulted members of the media during last night’s (Saturday, Dec. 6, 2014) demonstrations in Berkeley, California. You have an obligation to ensure that all officers, including those providing mutual aid, respect the constitutional rights of the press.
SPJ has been in touch with a number of working journalists who say they were struck with police batons while working and clearly displaying press credentials. In one incident, a journalist who was on assignment tells SPJ that he was holding out press credentials and telling an officer he was a news photographer when struck. This same journalist also reported seeing a colleague take “serious blows” from police who “hit him with impunity,” despite the fact that the colleague was “obviously press.” Other reporters also described witnessing or experiencing similar assaults.
Even more disturbing, several journalists confirm that an officer struck a news photographer in the head with a baton. As you know, this can constitute deadly force and is only justifiable under extremely limited circumstances.[1] (As the California Court of Appeal noted in an unpublished 2010 opinion, even when using a baton as deadly force, “officers should avoid striking a suspect's head because of the potential for serious injury or death.”)[2]
We are sure that you agree attacks on journalists are entirely unacceptable. Reporters are on scene to report the news as it happens. They are not participants in the protests. Under no circumstances should members of the press be subject to such gratuitous and potentially deadly police violence.
Word is being spread of plans for another protest to begin in Berkeley at 5 p.m. today, Sunday Dec. 7, 2014. We implore you to ensure that all law enforcement officials working tonight’s protest, including those providing mutual aid, adhere to their constitutional obligations and respect the freedom of the press. We also call for a thorough investigation into inappropriate uses of force by officers against members of the news media.
We look forward to your response.
Lila LaHood
President, SPJ Northern California Chapter
Geoffrey W. King
Thomas Peele
Co-Chairs, SPJ Norcal Freedom of Information Committee