VIRGINIA -- In a public show of solidarity, several professional and
student newspapers published editorials this week admonishing the behavior of
the Harrisonburg Police Department and the Commonwealth's Attorney Marsha
Garst toward the James Madison University newspaper, The Breeze, last
week.
On Friday, April 16, Garst and several police officers executed a search
warrant in the Breeze newsroom, seeking photos of recent rioting in
Harrisonburg. They threatened to take computers, cameras and more, and
eventually confiscated more than 900 photographs. The photographs have since
been given to a third party to hold pending further negotiations between the
newspaper and the authorities.
Citing journalistic legal pillars from the First Amendment to the Privacy
Protection Act, several editorial boards have used their opinion pages to show
support for the student journalists at the Breeze.
The Cavalier Daily, The University of Virginia
"The paper should not have given up the photos, but it is
understandable why The Breeze would respond in such a manner: When police
officers and the commonwealth's attorney show up threatening to seize
files and equipment, it is not difficult to see why editors would be intimidated
into giving up the information ...
... Apart from the legal right, there is also a practical justification
for newspapers to protect materials and information like photos, anonymous
sources and the like. It obviously would threaten a publication's
integrity to release such information to law enforcement and certainly would
discourage many sources from contributing. Whenever a newspaper photographer
shows up to an event, students should not have to feel as though he may be
collecting evidence for a future police report."
The Daily Gamecock, University of South Carolina
"Not only did the police have no right to take the photos from the
newsroom, but they also came prepared to take the staff's computers,
cameras, documents and anything else they wanted if the staff refused to hand
over their photos. We understand the whole investigation thing, but they need to
understand the whole law thing before taking advantage of a student staff
...
... The Breeze may not be a national newspaper out in ‘the
real world,' but if we want our students to be professionals and learn the
lessons of a professional environment, they need to be treated as
such."
The Richmond Times-Dispatch
"The First Amendment is not some sort of immunity totem from a
reality show, granting journalists the license to do whatever they please
without consequence. They cannot, for instance, refuse to disclose the location
of a kidnapped child under the guise of being a ‘neutral observer'
of the search. Reporters and editors are members of civil society, and have
duties to it.
But that goes both ways. Journalism plays a crucial role in a democracy,
and in order to do its job well it must be able to exercise certain rights and
privileges. It requires independence; it cannot be a mere appendage for other
institutions."
The Virginian-Pilot
"Newspapers, as a matter of course, don't share unedited photos and
notes with authorities. A news staff is not an arm of the law; it is supposed to
be a neutral observer. Without that implied neutrality, many sources would clam
up.
It is not unheard of for a newspaper to provide photos or other information
when ordered or asked to, but it is rare for law enforcement to simply seize
them, let alone threaten to shut a newspaper down to get what it wants.
Unless, of course, a commonwealth's attorney decides her end justifies any
means necessary."
The News Leader
"To some, it wouldn't appear to be a problem for newspapers to share
documents and images with police -- especially for the investigation of
violent crimes. Very simply, it is a problem however -- because to do so
without a legally appropriate subpoena would be to break down a wall that should
stand between the press and the government.
The media cannot be construed or used as ‘an arm of law
enforcement,' as the Society of Professional Journalists stated when
condemning the raid on The Breeze.
When Garst and the police officers walked into the Breeze offices
and demanded images to help with their investigation, they went too far. Surely
anyone with Garst's experience would understand that the duty to prosecute the
law first and foremost means to follow it. Even if a judge finds the photographs
should have been handed over, this was poorly handled. Unfortunately these
journalism students are getting extra credit in their coursework --
compliments of the justice system."
Charlottesville Daily Progress
"There is no excuse for the violence and vandalism that occurred, no
matter whether police were on hand or not. And it is no wonder if police
initially were unprepared for the dramatic escalation of a
party-turned-riot.
But miscalculation in responding to a quickly changing event cannot
account for the extraordinary error that occurred one week later when the
commonwealth's attorney, armed with a search warrant and accompanied by up
to a dozen police officers, descended on the offices the JMU student newspaper,
the Breeze, and demanded to remove all photographs of the party ...
... The U.S. Privacy Protection Act makes it unlawful to search newsrooms
for unpublished newsgathering materials. In response to a request, the paper
already had offered to give copies of published materials to police.
The law does make allowance for special needs. Authorities may obtain a
subpoena for newsroom documents or photos if their case rises to a high degree
of necessity.
But authorities must by law give the media a reasonable time to reply and
to have counsel represent them if desired.
This, the Rockingham County authorities failed to do.
We understand the law enforcement community's desire to identify and
prosecute all those responsible for injury and vandalism. We understand the law
enforcement community's embarrassment at not controlling the riot more
quickly and more effectively, and its desire to make an impact now.
But police and prosecutors are charged with enforcing all the law --
not just the parts they may happen to like. Newsroom files are private property,
too, and democracy depends on law enforcement protecting that property as
diligently as it seeks to protect a car or a building from a mob."
By Katie Maloney, SPLC staff writer