In 2020 and 2021, the media widely covered sustained protests nationwide. In some cases, confrontations erupted between reporters and law enforcement, which also became part of the news cycle. Media coverage demonstrated that various approaches regulated and controlled journalists’ interactions with police during protests.
As a result of these issues, 11 attorneys from a major New York law firm worked on behalf of the Press Freedom Defense Fund (PFDF) and the Cyrus R. Vance Center for International Justice. Their multi-jurisdictional work involved an examination of police policies, as well as municipal and city regulations, spanning 46 jurisdictions nationwide.
Subsequent analysis revealed pathways that might be taken to protect better and safeguard the First Amendment rights of journalists. Among the best practices the pro bono attorneys identified were more specificity and stronger definitions of journalistic activity, such as “right to record” and recording equipment seizure. In addition, the attorneys identified a need to define better what causes interactions with law enforcement to be deemed “interference.” An aim is to preserve the ability of journalists to do their job amid situations that could easily spiral into violence.
Dyan Gershman 
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