California protects reporters covering protests with new law

SACRAMENTO — California will project journalists from interference by police while covering civil protests under a bill introduced by Sen. Mike McGuire and signed into law Saturday by Gov. Gavin Newsom.

It was the second new law within days with free speech implications.

The measure says that reporters can be behind police lines in the area of demonstrations, marches or rallies without being cited or arrested. It bars police from “intentionally assaulting, interfering with, or obstructing” their newsgathering.

Newsom last year vetoed a similar measure over police agencies' concern that the measure would allow reporters into emergency field command posts, along with other areas closed to the general public.

The bill's author, Sen. Mike McGuire, D-Healdsburg, and others said it is similar to existing California law that allows reporters into places like wildfire or other disaster evacuation zones.

“There’s no doubt about it, California now has some of the toughest protections in place for journalists compared to any other state in America,” McGuire said. “We have seen a surge in egregious acts of violence and obstruction made against members of the press across the country and right here at home in the Golden State.”

Supporters included the California news publishers and broadcasters, ACLU of California and the First Amendment Coalition.

McGuire said the new law will provide “critical protections for the press as they attend and report on First Amendment events like protests, marches, rallies and demonstrations.” He thanked hundreds of journalists, guild members, the California News Publishers Association and the California Broadcasters Association for mobilizing across the state in support of Senate Bill 98.

Newsom acted days after approving a bill making it illegal to come within 30 feet of someone at a vaccination site “for the purpose of obstructing, injuring, harassing, intimidating, or interfering.” Violators could face up to six months in jail and a fine up to $1,000.

Opponents including California Family Council, Alliance Defending Freedom and Life Legal Defense Foundation argued that the measure infringes on free speech and is so broad that it can apply to anti-abortion protesters.

Life Legal Defense Foundation legal director Catherine Short said in a statement that she plans to quickly challenge the law and seek a temporary restraining order and preliminary injunction in federal court.

Democratic Assemblywoman Akilah Weber, who supported the measure, said it "strikes a balance between the rights of those who make a personal choice about how they wish to address their health care and safety with the personal rights of those who wish to protest their oppositions.”