Questionnaire returned: 8 May, 2013

Q1. Do you believe the press has a right to cover the news, and to have timely and unfettered access to documents and information that are rightly recognized to be public information? What would you do as Mayor to enforce those beliefs?

A1. "Freedom of the press is one of the founding principles of our country. Our system of government cannot function without skeptical reporters asking probing questions, and photographers and video journalists having the access to capture images and bear witness to the work of democracy.

As Public Advocate, much of my work focuses on ensuring accountability and transparency throughout our city. When government agencies refused to respond to Freedom of Information Law requests, I joined reporters in their demands for accessible public documents. My office also recently issued a report card evaluating how City agencies respond to FOIL requests and gave a “F” to the NYPD, which has allowed nearly a third of FOIL requests to go unanswered. Like most New Yorkers, I believe our City thrives when the public is informed and aware of the inner-workings of our government.

I publicly stood up for the New York City press when it was under attack, with 26 journalists arrested during the eviction of Occupy Wall Street demonstrators. I wrote a column for the Huffington Post, criticizing the Bloomberg Administration and making clear my position on the importance of a free press with access to events."

Q2. Do you believe the NYPD is required to not only honor press rights, but to protect them as well? Or do you believe the NYPD should be exempt from those requirements?

A2. "The NYPD should protect press rights. For a city to function effectively, our press must be allowed to cover news and events, except for the rare occasions when doing so could jeopardize public safety. All New Yorkers benefit from a vigilant and attentive press, just as we benefit from a vigilant and attentive police force."

Q3. Do you believe and support the proposition that the police do NOT have a right to arbitrarily or unreasonably interfere with the press as it tries to do its job? Do you believe that police officers that engage in such acts should be seriously sanctioned regardless of rank?

A3. "Yes."

Q4. Would you pledge to direct your Police Commissioner to support the rights of the press to cover the news and to actively promote such a policy?

A4. "Yes."

Q5. Over the last two administrations, the NYPD’s Office of the Deputy Commissioner for Public Information (DCPI) has come to be seen by many reporters and photographers as the Office of No Information or Misinformation! It wasn’t always that way. Would you require your Police Commissioner to restore respect for press rights at DCPI?

A5. "Yes."

Q6. Despite grumbling about being responsible for issuing “press passes” (official credentials), the NYPD continues to perform that function. Those credentials state that the bearer is entitled to cross police lines wherever formed. Would you require the NYPD to rigorously follow its own stated policies and return to honoring press credentials and the privilege it bestows on news gatherers?

A6. "Yes."

The New York Press Club is among 14 signers of a letter to NYPD Commissioner Raymond Kelly reminding him of recent incidents in which members of the press have been arrested and otherwise obstructed.

The letter chronicles several recent cases of inappropriate and possibly unlawful police actions against working journalists and concludes with the reprise of an offer to assist NYPD with training.

Read the letter

The New York Press Club fully supports the National Press Photographers Association’s call for a full and impartial investigation of the events that led to Robert Stolarik’s arrest on August 4th while performing his job as a news photographer. The Press Club believes it is unlikely that Mr. Stolarik, a well-known and highly experienced news shooter on assignment for the New York Times, went to that assignment in order to obstruct government administration as charged by NYPD. What is more likely – and what has been the case on numerous occasions in the recent past - is Mr. Stolarik’s version of events: his presence was in some way annoying to police who unlawfully ordered him to cease taking pictures. When he refused to comply he was assaulted by officers who refused to identify themselves. He was then arrested on baseless, “catch-all” charges and taken away.

There are allegations of excessive force used by NYPD in arresting Mr. Stolarik. His photo equipment was confiscated and reportedly damaged. We agree 100% with the NPPA that the seizure “not only violates [Mr. Stolarik’s] First, Fourth and Fourteenth Amendment rights but may be considered a form of prior restraint and a violation of the Privacy Protection Act of 1980, specifically enacted to protect against the search and seizure of a journalist’s work product.” It should go without saying – but we’ll say it anyway – that Mr. Stolarik’s equipment should immediately be returned to him and restitution made for any damage.

Commissioner Raymond Kelly is on record as being in full support of an unfettered press and has communicated to his department the requirement that the press be allowed to do its job without unlawful interference. Officers who disregard the commissioner’s order are disregarding department policy, a mindset that is unacceptable in a peace keeping force and dangerous to all New Yorkers.

Freelance photographer Robert Stolarik was reportedly roughed-up and injured in the Bronx on Saturday, August 4, 2012, by members of the New York City Police Department while shooting the arrest of a teeneger.

Stolarik says he was unlawfully ordered to stop photographing police activity and when he did not, an officer grabbed his camera and slammed it into his face. Stolarik, on assignment for the New York Times, says he was dragged to the ground and kicked by police after asking for badge numbers, suffering scrapes and bruises to his arms, legs and face.

The incident prompted an immediate protest from The National Press Photographers Association and a call for an investigation.

Remarks made by Deputy Commissioner for Public Information Paul Browne during a Queens Chronicle interview with his boss, NYPD Commissioner Ray Kelly, have prompted an incredulous response from organizations representing press and reporters.

When discussing the day last November that Zuccotti Park was cleared of occupying OWS protestors, DCPI Browne remarked that "only one journalist was arrested during the operation, despite stories to the contrary, which he called 'a total myth.'" Mr. Browne added that "Occupy Wall Street protesters were forging press credentials in an effort to get through the police lines but that doesn't mean actual reporters were arrested."

In a response sent as an email to DCPI Browne, general counsel Mickey Osterreicher of the National Press Photographers Association said "many of those arrested have read your comments and find nothing 'mythical' about what happened to them."

Read the response.

In a same-day response to a letter received from 13 press and media organizations requesting follow-up on issues of police interference with working journalists, Deputy Commissioner Paul Browne provided indications that work is being done to address the problems.

Press and media groups in New York City have again written to Deputy NYPD Commissioner, Paul Browne, urging a more complete response and documentation of promised improvements following numerous incidents of abuse and suppression of working journalists by members of NYPD.

The purpose of the FINEST message is to remind members of the service of their obligations to cooperate with media representatives acting in a news-gathering capacity at the scene of police incidents.

The public's access to information regarding the official business of the Department is of critical importance to effective City government. Because the public receives much of this access through the news media, members of the service must ensure that Department procedures which provide for cooperation and assistance with press personnel and which allow press personnel to access the scenes of incidents are carefully followed. Supervisors may restrict access to an incident scene only in those exceptional circumstances where it is absolutely necessary for law enforcement or public order purposes.

Policing incidents from crime scenes to major public events places a great burden on both line and supervisory personnel. Members of the service must respect, however, the public’s right to know about these events and the media’s right of access to report on these events. Members of the service who unreasonably interfere with media access to incidents or who intentionally prevent or obstruct the photographing or videotaping of news in public places will be subject to disciplinary action.

Patrol Guide Section 212-49 (Incidents Involving Media Representatives) and Patrol Guide Section 212-77 (Release of Information to News Media) reflect the commitment of the Department to upholding the principles of a free press and informed citizenry.

Listed below are some of the key provisions of those Patrol Guide provisions:

Patrol Guide Section 212-77: It is the policy of this Department to keep the community informed on matters of public interest. Most media inquiries are directed to the Office of the Deputy Commissioner, Public Information. However, at the scene of a breaking news story, the media may request information from members of the service present at the scene. Information, assistance or access should be rendered to whatever extent possible, in accordance with the following procedure, when it does not:

a. Pose an undue risk to the personal safety of members of the service, media representatives, or others.
b. Interfere with police operations
c. Adversely affect the rights of an accused or the investigation or prosecution of a crime.

Patrol Guide Section 212-49 Members of the service will not interfere with the videotaping or the photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship. Working Press Cards clearly state the bearer “is entitled to cross police and fire lines.” This right will be honored and access will not be denied. However, this does not include access to interior crime scenes or areas frozen for security reasons.

1. In order to cooperate more fully with members of the news media and provide them with access to cover newsworthy events, the following guidelines will be adhered to unless safety interests or proper performance of police duties require otherwise:
a. To the extent it is feasible to do so, the media’s access to demonstrations on private property will not be impeded by the Department.
b. The media will be given access as close to the activity as possible, with a clear line of sight and within hearing range of the incident.
c. When incidents spill over or occur on private property, members of the media will not be arrested for criminal trespass, unless an owner or representative expressly indicates that the press is not to be permitted to enter or remain on the property.
d. If the ranking officer at the incident determines that press access must be restricted in certain circumstances (i.e., in order for the Department to carry out its law enforcement functions), he retains the discretion to do so.
Members of the service are also reminded the Office of the Deputy Commissioner, Public Information, is available 24 hours a day, 7 days a week for consultation and/or response to incidents involving the media. Members of the service are required to immediately notify the Deputy Commissioner, Public Information, of any incident involving the media, regardless of the outcome of that incident.

Police Commissioner Raymond Kelly has responded affirmatively to demands for an end to the use of suppressive tactics against working journalists such as were used November 15th against reporters trying to cover the purge from Zuccotti Park of "Occupy Wall Street" protesters.

Police kept reporters far away from the park during the rout. Some reporters were roughed up by police and more than 20 were arrested.

Later that day, in an open letter to Mayor Bloomberg and Commissioner Kelly, the New York Press Club condemned NYPD's actions, called for an investigation into the abuses and soon after, invited other press groups to form a coalition to monitor NYPD actions.

Prominent publishers and broadcasters also sent a letter to Commissioner Kelly's public information deputy, Paul Browne, detailing several of the assaults and requesting a meeting to discuss the situation.

Following that meeting, Commissioner Kelly distributed an internal message that was read to officers in every precincnt city-wide, ordering them not to unreasonably interfere with media access during news coverage and warning that disciplinary action is possibile if the order is ignored.

The commissioner's letter makes clear that officers have a duty to provide access and information about ongoing investigations at emergency scenes to the extent they can.

"Supervisors may restrict access to an incident scene only in those exceptional circumstances where it is absolutely necessary for law enforcement or public order purposes," Kelly's message says.

On November 21, 2011, the executive leadership of the New York Civil Liberties Union sent a letter to Mayor Bloomberg and NYPC Commissioner Kelly slugged, "NYPD Mistreatment of journalists".

On November 21, 2011, George Freeman, Vice President and Assistant General Counsel for the New York Times Company sent a letter of complaint about police actions against working journalists during the Zuccotti Park purge to Paul Browne, NYPD's Deputy Commissioner of Public Information. The letter was co-signed by representatives of 12 other publishing and broadcasting companies and membership organizations representing journalists.

There has been no public comment from the mayor or police commissioner about the suppression of press coverage and abuse of working journalists during last Tuesday's eviction from Zuccotti Park of "Occupy Wall Street" protesters despite calls from press organizations in the City for an official investigation and accounting of why and how the acts of blatant censorship were allowed to occur.

Organizations representing journalists in New York City have announced the formation of the Coalition for the First Amendment to monitor relations between the NYPD and the press.

In a joint statement, the groups declared:

“When New York City police evicted "Occupy Wall Street" protesters from Zuccotti Park in the early hours of Tuesday, November 15th, more than 20 journalists were arrested and several were injured. In what appeared to be a planned maneuver, police officers forced reporters and photographers so far away from Zuccotti Park that they could not see what was happening. They roughed up people who were trying to fulfill their duty to report the news.

“We have formed this coalition to monitor police actions. What the police did on November 15th to suppress coverage of their activities was intolerable. We are determined to use any means needed to fight such censorship in the future. In the city in which John Peter Zenger fought for and helped establish freedom of the press, we can do no less.”

Organizations that have joined the Coalition for the First Amendment include:

Deadline Club & Foundation
New York City Chapter of the Society of Professional Journalists
National Press Photographers Association
Newspaper Guild of New York
News Media Guild
New York Press Club & Foundation
Newswomen's Club of New York
New York Press Photographers Association
Reporters Without Borders
The Society of Silurians

With regard to the arrest of journalists at Occupy Wall Street protests today, Gabe Pressman, president of the New York Press Club Foundation, sent the following letter to Mayor Bloomberg and Police Commissioner Kelly, co-signed by Glenn Schuck, president of the New York Press Club:

Dear Mr. Mayor and Police Commissioner Kelly:

On Tuesday morning, November 15th, as police officers acted to remove Occupy Wall Street protesters from Zuccotti Park, several reporters protested that they were the victims of harassment and that their rights under the First Amendment were violated.

A few were arrested or detained.

The actions of some police officers were not consistent with the long-established relationship between the NYPD and the press.

The brash manner in which officers ordered reporters off the streets and then made them back off until the actions of the police were almost invisible is outrageous.

We want the department to investigate the incidents involved in this crackdown on Zuccotti Park and we want assurances it won't happen again.

Sincerely,

Gabe Pressman
President, New York Press Club Foundation
Chairman, Freedom of the Press Committee

Glenn Schuck
President, The New York Press Club

A freelance photographer for The New York Times was arrested on Saturday night, August 4, 2012, while on assignment with two reporters who were conducting street interviews in the Bronx. (New York Times)

A group of lawyers has issued a lengthy report documenting misconduct during Occupy Wall Street protests by New York police officers who obstructed news reporters and legal observers, conducted frequent surveillance, wrongly limited public gatherings and enforced arbitrary rules. (New York Times)

In a letter to attorneys for the Baltimore Police Department, the Justice Department strongly asserted that police officers who seize and destroy recordings without a warrant or without due process are in strict violation of Fourth and Fourteenth Amendment rights. The letter was sent to the police department as it prepares for meetings to discuss a settlement over a civil lawsuit brought by a citizen who sued the department after his camera was seized by police. (Arstechnica)

A federal civil rights lawsuit has been filed challenging Suffolk County's policy and practice of obstructing the First Amendment right of the press and the public to record and gather news about police activity in public places. The suit was filed on behalf of professional video journalist Philip Datz, who was unlawfully arrested and detained by Suffolk County police in July 2011 while filming police activity on a public street in Bohemia. The suit contends that Mr. Datz's arrest was not an isolated event and that Suffolk County police officers have a pattern of unlawfully interfering with the recording of police activity conducted in plain view. (National Press Photographers Association)

In a statement wildly at odds with videotape of the event, the Chicago Police Department claims two press photographers were arrested on a public thoroughfare because they attempted to trespass by entering a Chicago hospital. The statement seems completely at odds with video of the incident that shows both arrests taking place outside, well away from the medical facility. (mediabistro/NBC)

Video shows an officer hitting a credentialed photographer's lens and saying repeatedly, "My personal space, sir" during an early March demonstration by Occupy Wall Street at a Bank of America facility. (Gothamist)

(Note: See items from 12/10 and 12/4 for additional background) In an article subtitled, "Facing arrest without institutional backup," Carla Murphy examines the chilling effect on working journalists who do not have corporate lawyers or other legal backup when push comes to shove at police lines. (Columbia Journalism Review)

"A few moments later, on Park Avenue, a man wearing dark clothes and wearing no visible badge grabbed a woman by the arm and threw her to the ground. Uniformed officers arrested her and a second woman as other officers blocked the lens of a newspaper photographer attempting to document the arrests." (New York Times)

Reporting and policing can be high-adrenaline jobs. But the decade-long trajectory in New York is toward expanded police power. Officers routinely infiltrate groups engaged in lawful dissent, spy on churches and mosques, and often toss demonstrators and reporters around with impunity. (New York Times)

The New York Police Department has "stepped up" its media training in the past month since news outlets complained of "abuses" by officers assigned to the scenes of protests, according to a department press officer. (Capital NY)

"New York City police officers have apparently become so fed-up with Occupy Wall Street protesters that they are not only arresting activists, photographers and journalists as they have been doing. They are now attacking fellow cops." (Pixiq)

"The assembled press gaggle was having an almost equally rough night. Two photographers say that police threatened to take their official press passes away, a credentialed cameraman was hit over the head with a baton, and another photographer was arrested. " (Village Voice)

The story (to date) of the struggle by Gothamist, one of New York City's oldest hyperlocal news and commentary sites, to obtain NYPD press credentials for several of its reporters. Bottom line: "If a relatively large site like Gothamist can't make it through the process after seven years, despite honest effort, the process is broken and needs to be fixed." (Gothamist)

Credentialed New York Times freelance photographer Robert Stolarik was blocked while taking photos of the police descending on the Occupy Wall Street protesters at the World Financial Center plaza. (The New York Observer)

(See 12/04 Mott Haven Herald item "Cops Break Up Occupy Bronx Rally," below, for more information and a link to video of this incident). Carla Murphy, author of this piece in the Daily Beast, was trained at CUNY's graduate school of journalism and is a writer. She was arrested December 3rd in the Bronx while questioning NYPD officers and taking notes for a story about an Occupy the Bronx "General Assembly" meeting near a former community garden that had been bulldozed by the City. (Daily Beast)

“We didn’t keep anybody from reporting, they just had to stand to the side while the police did their job,” Mayor Bloomberg said. “Police have to protect people.” (PolitickerNY)

The Mayor went on to suggest Congressman Nadler’s time and energy would be better served pursuing other endeavors. (PolitickerNY)

"[Michael Powell of the New York Times reminds us,] ...this NYPD hoodlum culture has been rife before Occupy Wall Street. At least since the Republican National Convention of 2004, our police have grown accustomed to forcibly pinning, arresting, and sometimes spraying and whacking protesters and reporters. (Emphasis added.)" (Village Voice)

The Ranking Member of the House Judiciary Subcommittee on the Constitution (who represents Lower Manhattan), urged U.S. Attorney General Eric Holder to launch an investigation into numerous allegations of excessive force used by NYPD officers against OWS protesters and whether certain officers deprived protesters or members of the media of their civil liberties. (Office of Congressman Jerrold Nadler)

Police arrested five people at the Occupy the Bronx general assembly in Mott Haven Saturday, preempting the organization’s plans to hold a rally and “festival” in a community garden fenced-off by the city in mid-November. (Mott Haven Herald)

Heavy-handed tactics over the past couple months have increased tensions between the police and the press across the country, from New York City's "free speech zones" to "First Amendment areas" in Los Angeles. (Huffington Post)

Reporters say NYPD officers turned them away from an Occupy Wall Street protest outside a Midtown fund-raiser for President Obama, despite orders last week from the commissioner reminding officers not to unreasonably interfere with working press. (Capital New York)

In many countries, using a camera or taking notes can get you into trouble. That is not supposed to happen in New York City. Yet as police cleared Occupy Wall Street protesters from Zuccotti Park in Lower Manhattan on Nov. 15, a number of journalists were roughed up and arrested. (New York Times: Editorial)

In a story about the dramatic rescue by firefighters in Brooklyn of a young boy whose life signs had ceased, Daily News columnist Jimmy Breslin also told the story of how a NYPD sergeant bullied and confiscated the press pass of a photojournalist working the scene. (New York Press Club)

"It’s vital that news organizations, unions, professional associations and press-freedom organizations speak out when these freedoms are attacked and work together to hold our leaders accountable." (SaveTheNews.org)

Since the surprise raid on Occupy Wall Street’s encampment in Zuccotti Park last Tuesday, Mayor Bloomberg’s office has been in full spin mode. First defending the actions of the New York Police Department, then minimizing the magnitude of Thursday’s demonstrations. (The New York Observer)

A cross-section of 13 news organizations in New York City lodged complaints on Monday about the New York Police Department’s treatment of journalists covering the Occupy Wall Street movement. (New York Times: Media Decoder)

Most city reporters will tell you that the press pass actually confers less access than that of a regular person. Reporters are stuck in pens while regular folks move around at will. (Village Voice)

Over several days, New York cops have arrested, punched, whacked, shoved to the ground and tossed a barrier at reporters and photographers. (New York Times: Gotham)

The New York Press Club announced on their website this afternoon that they were forming “The Coalition for the First Amendment,” along with other local media groups in order to monitor relations between the NYPD and the press. (PolitickerNY)

"The threat to journalists of restraint and detention whilst reporting public interest stories in New York City is extremely troubling. Here is an open letter to Mayor Bloomberg and Commissioner Kelly signed by an number of faculty at the Columbia Journalism School documenting our concerns. " (Columbia Graduate School of Journalism)

In what appears to have been a premeditated and coordinated effort to block media coverage of the raid, many journalists said they were barred from reporting the police action. (The Nation)

“At a time when freedom of expression is under threat worldwide, this denial of media access and restriction on press coverage is shameful and undemocratic. It sends the wrong signal to the American people and to the rest of the world.” (PEN American Center)

The Occupy movement has become a worldwide phenomenon, but it began in New York, and is deeply rooted here; and, sadly, the ham-fisted practice of responding to it with excesses of police force are now also identified with New York. (The New Yorker)

At least six journalists were arrested during the NYPD’s raid on Zuccotti Park in the wee hours of yesterday morning and the New York Press Club has contacted the mayor and police commissioner asking for an official investigation. (PolitickerNY)

Journalists at the overnight raid of Occupy Wall Street's New York encampment were kept at a distance from covering it Tuesday, and several were arrested, handcuffed and hauled onto police buses along with hundreds of protesters. (Wall Street Journal)

Journalists Arrested, Roughed Up, Blocked From Covering Clearing (Huffington Post)

Josh Stearns, Journalism and Public Media Campaign Director at Free Press, has been tracking reports of journalist arrests at Occupy protests all over the country since September, 2011. His compendium is updated regularly on Storify.