When a news story breaks you need to be prepared for what can sometimes be an ensuing chaos. Anything can happen at any time, and it is best to be ready for potential problems before they occur. In addition to providing information about some of the basic sources for news gathering, we hope that this guide will also prepare you for some of the obstacles you might confront while out in the field and help you avoid the more common "traps" that can befall even seasoned reporters.

ACCESS TO PLACES

Sitting by the emergency communications scanner in your newsroom or paying attention to one of your other news sources has finally paid off, and you are off to the scene of an unfolding incident. But what happens once you arrive? Almost anything--and you need to be ready for it.

Be courteous and respectful of emergency personnel at news scenes; lives and safety are at stake. While most emergency personnel appreciate the media's need to gather and report news, burning buildings and accident victims are their first priority.

Also keep in mind that emergency personnel might have legitimate reasons for keeping you from places that are not readily apparent when you first arrive at a scene.

For example, in August of 1997, a New Hampshire man named Carl Drega shot and killed two state troopers, a part-time judge and a newspaper editor (who died trying to save the judge's life) during a shooting spree.

Reporters who went to Drega's property were told to stay clear: The house and barn were booby-trapped and rigged to kill anyone who entered; the rest of the property had yet to be thoroughly searched. The property turned out to be so laden with bombs, tunnels and other traps that authorities eventually decided to burn it down rather than risk lives to search it more thoroughly.1

That is not to say, however, that the police will always have good reason to keep you from a scene, and you should not hesitate to question them carefully about their decision.

Just ask Chris Hahn, a student journalist at Ball State University in Indiana in 1998. He was arrested for videotaping a car accident scene because the arresting officer erroneously thought he had no right to be there.2

"I kept telling the officer as he was handcuffing me, 'I have a right to be here,'" Hahn said. "I told him repeatedly that it was wrong to arrest me."

In a later statement, Ball State Chief of Police Joseph Wehner said Hahn should not have been arrested and that he did have a right to videotape the scene.

In order to avoid arrest, you and your newsroom should always have a plan ready for when you are denied access to a news scene.

Have the names and telephone numbers of legal advisers and police officials on hand. Find out ahead of time if the police have press guidelines and what they say. Get a press pass if police require them. If they do not, talk with local law enforcement agencies about how your reporters can ensure they will be allowed to cover news scenes effectively.

Your plan should leave you knowing whether you should stay at a scene after you have been told to leave and risk arrest for trespass, or leave knowing you did the best you could.

Public property v. private property

To start with, and most importantly, you want to find out if the news event is taking place on public-forum public property, on non-public-forum public property or on private property.

Public forum property, generally, is government property with no or few public access restrictions.

Streets, parks and sidewalks are examples of public property, and unless emergency personnel have an extremely good reason for keeping you off or away from the property--such as a threat to public safety--you have a right to be there, ask questions and take pictures in an unobtrusive manner.3

Non-public-forum property is government property such as government buildings and facilities, schools, airports, prisons, jails, military facilities and state legislatures; these types of property often have specific guidelines for how media coverage is conducted on the property.

Once again, your best plan is to call ahead and have an updated list of the various media access policies of local non-public-forum properties in your area.

This way, should a policy suddenly change--as they frequently do at jails and prisons, for example--you can at least argue that they should stick to their original policy. Not only that, but you will also have a past policy to compare the new one with.

Private property is property owned by an individual or business, and unless you have the permission of the owner (or, in some cases, the police) to enter onto the property, you generally cannot do so.4

A determination of whether the property is public, non-public-forum property or private property is the first and probably most important step in determining whether you should stay or go; however, do not stop there.

You should also find out if access to the scene is restricted just to the media, or to the public as a whole; the media should have at least as much access as the general public to a scene.

Also, find out if there is a threat to public safety and what it is. If the police have good reason to fear you will be blown to bits if you enter a property, they probably have a right to exclude you from a scene.

You will also want to find out when the access restrictions are likely to be lifted; courts are more likely to rule that access limitations are reasonable if they are short.5

All in all, the determination of whether you want to stay or leave is up to you, but remember, the First Amendment will not necessarily protect you from arrest for trespass if you disobey police orders at a news scene.6

The key is to stay calm and state the reasons you believe you should be given access to a scene in a convincing manner. This is not always easy, and in some situations it can be exceedingly difficult. Take a step back and think about what might change your mind if you were in the official's position.

Also, depending on where you are, you may want to find a spot close to the scene and stay there until the restrictions are lifted or until you are able to speak to someone with more authority.

Police, just like reporters, respect perseverance in an investigation, and the more you demonstrate in a firm and polite manner that you intend on pursuing the story, the more they will respect you.

Every reporter's goal should be to work with authorities in a friendly and professional manner, but on the off chance that you are arrested at a news scene, you want to be prepared.

In such an event, give police your name and other identifying information. Inform them that you are covering a story for your student news organization. Also tell police that you believe their action is illegal and that you will not say anything until you talk to a lawyer.

Covering news at school

It is extremely important that reporters--especially student reporters--have the access and freedom to cover public schools so that the public can know how its children are being educated, how its tax money is spent, and what events--be they bake sales or stabbings--take place on school grounds.

When covering news at public schools, there are a few principles to keep in mind. It is important to note that private school officials generally have much more leeway in controlling access to their facilities.

The first is that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."7 The second is that independent student expression is allowed on public school campuses as long as it does not create a "material disruption."8

While schools do have a right to make their own policy concerning how to avoid "material disruption,"9 students have a First Amendment right to express themselves and talk to the media while in school.

Public school administrators cannot stop expression because of fears that a disruption might occur; instead, administrators must make a fact-specific showing why a disruption is likely to occur.10

There are no laws against talking to juveniles without parental permission, but depending on the interview topic and the age and maturity of the child, getting a parent's permission might be a good idea.

Most importantly, you want to consider whether the child is capable of "appreciating the nature, extent and...consequences" of the interview or photograph.11

If you are a student at the school you are covering and are already on campus, you do not need special permission to speak with fellow students or teachers or to take photos of school areas where students are normally allowed.

But you will want to observe the everyday rules of your school-do not disrupt a class for an interview, for example.

Covering news at a shopping mall

Another place you may find yourself trying to cover a story is the mall. In many communities, malls have become the 1990's version of the "town square," hosting a variety of news and social events, as well as being a place to shop.

Malls are usually privately owned, and mall management often excludes the news media, people who want to hand out pamphlets on the property or people protesting a certain issue on the property.

The U.S. Supreme Court has recognized that the more property owners open property to the public, the less control they have over the property. However, the Court ruled in PruneYard Shopping Center v. Robins, 100 U.S. 2035 (1980), that there is no federal constitutional right to free speech in privately owned shopping centers.

And this year, in two cases involving the Mall of New Hampshire and the Mall of America, courts found similarly.12

If you want to cover a mall story, call ahead to find out what the mall's policy is on media coverage, and if you disagree with it, check your local law. California, Colorado and Washington, for example, have state laws that give some free speech rights in shopping centers.13

Press passes

In order to help ensure access to a scene, you may want to start by obtaining a press pass from the local police department.

A press pass may not grant you access to a scene, but it will identify you as a member of the news media who should be allowed access if access is allowed for anyone.

Obtaining a press pass normally should not be a problem. Generally it requires a trip to the police station to fill out forms, verify your identity and maybe pose for a photo. Occasionally, however, student journalists have run into roadblocks.

For example, Dan Sorid, a student journalist at Columbia University, has had an ongoing battle with the NYPD over getting a press pass to allow him access to crime scenes.14

NYPD originally stated that it is their policy not to give press credentials to student journalists. It has apparently backed away from its first reasoning and now states that it is its policy not to give press credentials to papers that cover only one or two precincts.

Sorid works for the Columbia Daily Spectator, which is a daily, independent student newspaper that has covered the Morningside Heights neighborhood in New York City for 122 years.

Sorid has been denied press credentials three times, and he says he is planning a lawsuit.

The U.S. Court of Appeals in Washington, D.C., has ruled that government agencies cannot arbitrarily decide who gets a press pass and who does not.15

Courts have also recognized that giving certain members of the media favorable treatment over others could be contrary to the First Amendment. When one media outlet is given access and another is denied, it allows the government to influence the kind of media coverage a public event will receive.16

In light of this, courts have ruled that one media outlet is entitled to the same degree of access as another.17

Convince police that even though you are a student reporter, you take your job seriously and will be able to conduct yourself as professionally, contained and non-disruptive as commercial journalists.

Subpoenas, search warrants and confiscation of reporter's notes and film

Officials have been known to try to take away notes and film at a news scene. You want to be prepared for such a situation should you ever encounter it.

For example, Dustin Jacobs and Nick Gaylord, two high school journalists from Denver, Colo., had their film confiscated by police after they took pictures of a fight.18

Jacobs and Gaylord decided not to pursue the matter legally, but their developed pictures were returned to them afterward, and they received widespread support from the community and the local news media.

If a law enforcement or school official tries to confiscate your notes or film, protest the confiscation right away. Keep your cool, but such action is almost always illegal, and the official should be told so in no uncertain terms.

If the official insists or you are threatened with arrest, you should hand the material over. But again, make it absolutely clear that you are doing so under protest and you intend to contest their action to their superiors. Then do so. You will usually win.

For example, Washington Times reporter Susan Ferrechio had a notebook taken by school officials at Marcus Garvey Public Charter School in Washington, D.C., in 1986; school officials, including the principal, were convicted of misdemeanor assault charges.19

If you are subpoenaed in connection with a court case (a subpoena is a legal notice that orders people to testify in court or bring information to court), you should contact an attorney and see if you can get the subpoena quashed.

The reporter's privilege is a First Amendment privilege based on the assumption that news gathering efforts will be chilled if reporters are forced to give up confidential sources and testify about other matters learned during the news gathering process.20

Additionally, some states, but not all, have enacted shield laws that create a statutorial privilege for reporters.

Students are most often asked to reveal confidential information by school administrators who are investigating misconduct.

No court has ever decided whether a student journalist may claim a privilege or the protection of a shield law against inquiries by school administrators, but a student's best argument against compelled disclosure is that school administrators--unless they seek the information through formal legal channels--lack the authority to force students to reveal information.21

Subpoenas that order you to bring information with you to court are called subpoenas "duces tecum." These subpoenas have caused some journalists to question whether they should destroy their old notes and negatives.

Most media law attorneys agree that there is no simple right or wrong policy regarding the retention or destruction of notes and other news gathering material. Sometimes notes can help, sometimes they can hurt. The one thing that all lawyers agree on, however, is the need for a consistent newsroom policy. If, for example, you keep notes for three months before throwing them away, follow that policy in every case. If you destroy notes, destroy them consistently.

Another potential situation you will want to be prepared for as a student journalist is the execution of a search warrant.

In a case called Zurcher v. Stanford Daily, which involved a search of the newsroom of the Stanford University student newspaper, the U.S. Supreme Court found that newsrooms are as susceptible to search warrants as private residences.22

Responding to Zurcher, Congress passed the Privacy Protection Act of 1980, which states that law enforcement officials may not seize work product documents or other documents possessed by the media.23

Newsroom searches are only allowed when the government can prove that the information it is looking for is needed to prevent death or serious injury, or when the government can prove that the person who has the information most likely committed a crime, and the information they possess is relevant to the crime.24

In addition to the Privacy Protection Act, many states have passed laws that limit search warrants against the press. Contact your state press association or the SPLC for details.

ACCESS TO MEETINGS, RECORDS AND JUDICIAL PROCEEDINGS

Open meetings and records laws are often called "sunshine" laws because of the light they shed on government proceedings.

Take advantage of them.

Reporters, as well as other citizens, regularly take advantage of open meetings to stay informed.

Open meeting laws

You never know what you are going to find when you go to a government meeting.

Meetings can range from orderly, polite blessings of democracy to disorderly and angry battles that nearly end up in a fist fight in the parking lot.

Many public school students might be surprised to learn the information they can glean about their school from attending, for example, a school board meeting.

Topics discussed at school board meetings can range from the hiring of new teachers and their qualifications to whether funding for arts and music programs should be continued.

Not only that, but students--high school students in particular--might get to see a side of their school superintendent or principal that they do not get to see during the school day.

The key to attending meetings is regular attendance. Like everything else in news gathering, you never know when something important is going to happen. And the more you are around, the more people will get used to your presence and might be more willing to let their guard down and talk to you frankly.

Open meetings laws exist in all 50 states, and they often also apply to meetings held at public schools, colleges and universities.

At the University of New Hampshire last spring, the student newspaper The New Hampshire took the student senate to court after it voted to close its meetings to the public.

The student senate decided to hold closed meetings after two of its members were caught drinking alcohol during an open meeting.

The New Hampshire and the student senate came to an agreement stipulating that the senate will be held in contempt of court if another closed meeting is held.

Open records laws

Records can also be an important part of the news gathering process.

Using an open records law is usually as easy as simply asking the appropriate official for a copy of the record--or writing a letter. To make things easy for you, the SPLC Web site includes an automated freedom of information law letter generator you can use.25

Like open meetings laws, open records laws also exist in all 50 states.

If it is federal meetings or records you want to access, check out the federal Freedom of Information Act (FOIA).26

Public records abound, and creative use of them can lead to excellent stories.

Student journalists at The Diamondback, the student newspaper at the University of Maryland at College Park, went to court to open parking ticket records.27

The records showed that a scholarship basketball player had over $8,000 in unpaid parking tickets from parking in handicapped parking spaces.

Public records can also be useful for finding people; you cannot talk to a source if you cannot find them.

Telephone books and reverse directories--which will give you a name and address from a phone number, for example--are available in most public libraries and online and are both excellent places to find information.

The laws on motor vehicle records vary from state to state, but often you can find a name and address from a license plate number and vice versa.

City, town and court property records can tell you everything from who owns a particular piece of property and the property's assessed value to whether tenants have filed complaints about the property's upkeep.

Property records might be of particular interest to college journalists who are trying to keep students who are new to renting apartments informed on the issues involved.

One obstacle that occasionally confronts reporters is the Buckley Amendment (otherwise known as the Family Education Rights and Privacy Act (FERPA)) that was passed by Congress in 1974 to ensure students access to their educational records and to protect students from unauthorized dissemination of their records.28

Because of the Buckley Amendment, many records having to do with a student's academic life, and even those that are extremely newsworthy, can be either difficult or impossible to obtain by outside parties.

Law enforcement records

Your access to law enforcement records will generally depend on the agency you are dealing with. Some police departments are very open about records, but others release the bare minimum to stay in compliance with the law.

Daily police blotters, incident reports, investigation reports, arrest and booking logs, miscellaneous crime records, accident reports, parking ticket records, 911 tapes and transcripts, criminal histories, safety policies, security budget reports and incident reports at specific addresses are among the police records you may want to ask for at any given time.

For more information about covering crime, see the SPLC's publication Covering Campus Crime: A Handbook for Reporters.

Court records and proceedings

Open meetings and records laws may not necessarily apply to legislative and court hearings; however, these proceedings and the records surrounding them, for the most part, are also open to the public.

Criminal, civil, divorce, bankruptcy, and probate records can all be extremely valuable sources of information--and all you have to do is go in and request them.29

When it comes to court records, however, you may want to call ahead and find out if the court requires record requests to be in writing. You may also want to ask what kind of information would be most helpful in a clerk's search for the records you want.

The job of a court clerk is always made easier if you come armed with as much information about the records you are trying to obtain as possible (for example, parties' names, dates of birth, approximate case dates, etc.).

Juvenile criminal records are generally not available to the public, but check your state law.30 An increasing number of states have opened juvenile records and court proceedings if the defendant has committed a felony or other adult-like offense.31

1 Twohig, Ed, Terror in the North Country, Unofficial Vermont State Police Web site, www.sover.net/~tmartin/Terror.htm.
2 SPLC Report, Fall 1998, p. 10.
3 Hague v. CIO, 307 U.S. 496 (1939); U.S. v. Grace, 461 U.S. 171 (1983).
4 Food Lion v. Capital Cities/ABC, 887 F.Supp. 811 (M.D.N.C. 1995); Florida Publishing Co. v. Fletcher, 340 So.2d 914 (Fla. 1976); Hanlon v. Berger and Wilson v. Layne, 119 S.Ct. 443 (1999).
5 Reporters Committee for Freedom of the Press, Access to Places, p. 13.
6 Stahl v. Oklahoma, 665 P.2d 839 (Okla. 1984).
7 Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506 (1969).
8 Id.
9 Id. at 513.
10 Tinker, at 509.
11 Restatement (Second) of Torts, §892A, comment on section 2.
12 Marsh v. Alabama, 326 U.S. 501, 506 (1946); Minnesota v. Wicklund, 589 N.W.2d 793 (Minn. 1999); N.H. v. Alpert, No. 99-967 (Hills. Cnty. Sup. Ct., N., filed June 18, 1999), No. 99-356 (N.H. Sup. Ct., filed June 15, 1999).
13 Robins v. PruneYard Shopping Center, 592 P.2d 341 (Cal.1979), aff'd, 100 S.Ct. 2035 (1980); Block v. Westminter Mill Company, 819 P.2d 55 (Colo. 1991); Alderwood Assoc. v. Wash. Envtl. Council, 96 Wash.2d 230, 635 P.2d 108 (1981).
14 SPLC Report, Fall 1998, p. 5.
15 Sherrill v. Knight, 569 F.2d 124 (D.C. Cir. 1977).
16 Anderson v. Cryovac, Inc., 805 F.2d 1, 9 (1st Cir. 1986).
17 Savage v. Pacific Gas and Electric Co., 21 Cal. App. 3d 434 (Cal.Ct.App. 1993).
18 SPLC Report, Winter 1998-99, p. 15.
19 Reporters Committee for Freedom of the Press, Access to Places, p. 1.
20 Branzburg v. Hayes, 408 U.S. 665 (1972).
21 See, e.g., Nicholas D. Kristof, Freedom of the High School Press, pp. 67-68 (1984) (presumably an argument for students at public colleges as well).
22 Zurcher v. Stanford Daily, 436 U.S. 547, reh'g denied, 392 U.S. 885 (1978).
23 42 U.S.C.S. § 2000aa (Supp. 1992).
24 Id. at § 2000aa(a), (b).
25 www.splc.org/ltr_sample.html
26 5 U.S.C. Sec. 552.
27 SPLC Report, Winter 1998-1999, p. 9.; Kirwan v. Diamondback, 721 A.2d 196 (Md. 1998).
28 20 U.S.C. § 1232(g).
29 Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 572 (1980).
30 Reporters Committee for Freedom of the Press, Access to Juvenile Courts, Spring 1999.
31 Id. at 3.