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Student-Police Interactions

There is often a tension between the role of the journalist and the role of the police officer, which can lead to disputes. We do not expect students on assignment to engage in confrontations with law enforcement officers. And, in fact, a CUNY student was arrested covering a protest in 2016.

Simply put, you do need to follow lawful orders of a police officer. And, in fact, you may need to follow unlawful orders of a police officer and challenge the order later to vindicate your rights.

If you are planning to cover a news event that could provoke a confrontation with law enforcement, please keep in mind the following guidelines (offered by the Student Press Law Center and modified for CUNY):

  1. Bring credentials (and wear them!). Every student journalist covering the event should have something that clearly identifies him or her as a member of the press. A personalized credential from your local, county or state police department may be the best identification. If that isn't available or cannot be obtained in time for the event, an official credential document issued by the publication or school, identifying the journalist by name and photo as a member of the staff, may be the next best alternative. (In New York, students are not entitled to Police Department-issued press credentials, and law enforcement officers do not always recognize the CUNY-issued student press pass as valid identification.)

  2. Avoid the appearance of being a participant in the protests. Wearing insignias, carrying signs or joining in chants with protest participants (or counter-protesters) increases the likelihood that a journalist will be perceived as there for a purpose other than to collect information and cover the news. Please inform your editors and/or professors to ensure they know you are there to cover an event. This way, your editor or

professor can immediately identify you as a journalist and not a protester.

  1. Bring a cell phone and a small amount of cash. If detained or threatened with arrest, the ability to contact outside help quickly is important. Have a means for contacting your professor, editor, adviser or an attorney if necessary. It might be wise to make a plan for all journalists on the scene to check in periodically with a professor or a colleague outside of the protest area who will be on-call.

  2. Obey all police orders. If ordered by police to leave an area or disperse, move outside the crowd and find a place to observe and cover as close as possible. If possible, identify yourself as a journalist to the officer in charge and ask for guidance as to where you can continue your job without interfering with theirs. If you believe police are acting unlawfully or unreasonably in orders given to you, do your best to document the names and titles of those involved as well as the names and contact information of other witnesses. If possible, take photos or video of the police misconduct and, as soon as possible, write down what happened. It is generally not a wise idea to disobey a police order on the scene, but you can ask them to reconsider if you make clear that you do not want to interfere with their efforts and will ultimately obey an order given. However, as soon as is practicable, contact an attorney for guidance on how to file a formal complaint.

  3. If arrested or detained, act immediately. First, inform the police officers in question that you are a journalist there to cover the events and show them your press credentials. If they disregard your status, encourage that they contact their superior officer before they take any action against a member of the press. Second, contact your professor or Director of Student Affairs Anthony LaViscount to let us know what’s happening. Third, if police insist on arresting or detaining you, let them know that you wish to contact a lawyer and do so immediately. Do not agree to plead guilty to any charge without first talking to legal counsel or fully understanding what you are doing. If you believe you are not guilty, you preserve all of your legal rights only by pleading “not guilty.”

  4. Bear witness. If you're doing what you're supposed to — and if the police are not — video, still photos or audio of the event can prove an invaluable ally in making your case. Journalist Amy Goodman of Democracy Now and her crew confirmed this when they were awarded a $100,000 settlement after being roughed up and detained by police -- much of it caught on video -- while covering the 2008 Republican National Convention in Minneapolis. If you or a colleague are being arrested by police or otherwise prevented from doing your job as a journalist, ask that those around you record the event and send their material to your professor as soon as possible.

It sometimes – but not always -- helps if you show the officer your student press card. Thus far, negotiations on behalf of the school with the Public Information office of the New York Police Department have been unsuccessful in getting the department to recognize the validity of our identification cards.

If the occasion arises where you are arrested, taken into custody, or otherwise detained or cited for illegal conduct, there are lawyers we have identified who will represent you, promptly and efficiently, at no charge.

The Student Press Law Center, in Washington, D.C., specializes in the legal rights of student journalists. They maintain a network of volunteer media lawyers throughout the country -- many in New York -- who are willing to represent student journalists without charge. Frank D. LoMonte, the executive director and a media lawyer, can be reached 24/7 at (202) 872-1704, or (202) 785- 5450. He can also be reached at director@splc.org or through Twitter at @SPLC. (CUNY professor Geanne Belton is the vice chair of this organization.)

Clifford Chance, an international law firm with a large office in New York, has also volunteered to assist any student with a legal problem, without charge. Associates John D. Friel, (212) 878- 3387, cell (917) 214-1373, email John.friel@cliffordchance.com, and Carlisle Overbey,  (212)

878-8504, cell (704) 299-3579, email carlisle.overbey@cliffordchance.com have agreed to

take calls from students needing legal assistance.