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Seattle Judge Backs Subpoena for Black Lives Matter Protest Photos

Eric Neugeboren

   WASHINGTON - ASeattle judge's decision to compelThe Seattle Timesand
   fourlocal television stationsto turn over unpublished photos and videos
   from Black Lives Matter proteststo the policeis raising new questions
   aboutnewsmediaindependenceand credibility.

   On July 23, King County Superior Court Judge NelsonLeeruled in favor
   ofthe city's police departmentinforcingthe outlets tocomply with alegal
   requestfiled last monthover protests that turned violent on May 30.

   Special lawscalled"shield"lawsare designed toprotect journalists
   frommostof theserequests,with exceptions for material criticalto a
   criminal investigation. In this case, the judgesaidpolice
   neededthematerialsto identify suspects in open arson and gun-theft
   investigations.

   Free press advocates saythe ruling could set a dangerous precedent for
   First Amendment rights in the U.S. At least one
   othernewsoutlet--Cleveland'sPlain Dealer--was served a[1]similar
   requestin June for material related to the protests.

   Since2017,when the U.S. Press Freedom Trackerstarted documentingattacks
   and threats to the media,authorities havesubpoenaedor
   seizedmaterialsfrom 79 journalists.The Tracker is managed by the Press
   Freedom Foundation for a coalition of free-speechadvocates, news
   organizations and journalism advocacy groups.

   "I'm troubled by the judge's ruling," Ken Paulson, director of the Free
   Speech Center at Middle Tennessee State University, told VOA. "They
   don't know what those photos and videos contain. It's just speculation
   that it identifies anyone at all."

   Journalists are usuallya helpto protesters becausenews coverage brings
   the protest message to a wider audience, Paulson said. Moreover, the
   public spotlight canlimitpotentialabuse by law enforcement, he said.But
   these types of rulings could alter those perceptions.

   "What happens, as in this case, if protesters begin to think of
   journalists not as neutral observers but as an extension of the
   police?" Paulson asked. "When protesters see

   journalists as working for the police, these media members' safety can
   be in danger."

   MadelineLamo, amedialitigationfellow at the Reporters Committee for
   Freedom of the Press,saidthe court ruling adds to the dangers of
   covering protests.

References

   1. https://pressfreedomtracker.us/all-incidents/ohio-prosecutor-subpoenas-outlet-reporting-materials-protest/

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