- We now turn to one of the grayest areas of the law and one that is most often encountered by news people- access to locations.
If the location is on public property, there generally no problem, unless you’re seen as interfering with police or public safety officials. Thus, photographing a public demonstration, disaster, or even a crime scene under these conditions should be okay.
This does not mean that someone won’t object or try to stop you, even though they don’t have the legal authority to do so. Sometimes people, including the police, don’t want an event or action publicized.
There have even been arrests in some of these situations. Even though the charges generally can’t be sustained, the arrest effectively stops the reporter from covering the event. This, in these rare cases, the intended result is achieved.
- During the Vietnam War many post esters were arrested in Washington and put in jail (including one of my TV production students at that time) because the Nixon administration didn’t want the scope of the antiwar feelings to be obvious to the American public.
- Once you move to private property, you need permission, either from the owner of the property or his “agent” (the person renting the property), or from police.
Court decisions often hold that the press (with or without a press pass) has no legal privileges beyond those granted to the general public.
At the same time, public officials often grant recognized members of the press special privileges. Government officials even issue “press credentials” for working members of the press.
- News people may decide to go onto private property in the pursuit of information or pictures- until they are specifically asked to leave.
Interestingly, courts have held that videographers will generally be allowed to broadcast any footage taken before they were asked to leave.
- Sometimes a reporter may feel that a story is worth the risk of being arrested, and under certain circumstances courts have held that the ends (getting a story) justified the means (trespassing on private property).