PD Editorial: Newsom must ensure news crews can cover protests

Press Democrat readers often comment on Kent Porter’s sensational work, especially his photos of raging wildfires and brave firefighters battling the flames. Covering fires requires skill and experience, courage — and access.

California law allows authorities to close off areas affected by disasters for public safety. However, the law says, “nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.”

Sometimes police officers forget about that last provision — Section 409.5(d) of the Penal Code — or maybe it was left out of their training. Porter encountered one such officer two weeks ago on his way to cover the Hopkins fire, which destroyed 30 homes near Ukiah.

“He was adamant,” Porter said later in a Facebook post. “I was reluctant to pull the 409.5 card on him, he seemed like a nice enough guy. Once I quoted the law, he reluctantly let me through, but he also stated, if you get in firefighters’ way ‘I’ll arrest you.’ ”

Porter concluded with some good advice: “Don’t give up your rights as a journalist, push for the truth, ask a ton of questions and be adamant that you have a legal right to document disasters for others to see.”

That’s why the law was enacted. Reporters, photographers and videographers are the eyes and ears of the public. Their on-the-scene accounts allow people to comprehend the magnitude of floods, earthquakes, explosions and fires, like the one outside Ukiah and those now burning near Lake Tahoe and Sequoia National Park.

A bill by state Sen. Mike McGuire, D-Healdsburg, awaiting action on Gov. Gavin Newsom’s desk would guarantee journalists the same access to protests and demonstrations.

There have been too many instances in which overzealous law enforcement officers at demonstrations have taken it upon themselves to interfere with news coverage and even arrest reporters and photographers doing their jobs.

Journalists were detained, pepper sprayed and shot with rubber bullets by officers at Black Lives Matter protests in California and numerous other states last year. In some instances, authorities appeared to be specifically targeting news crews.

Fortunately, such incidents aren’t common. But each time something like that happens, the public is denied front-line reporting on a public event and the police response to it. Imagine the attempts by partisans and protesters to fill the information vacuum if news crews had been denied access to the U.S. Capitol during the Jan. 6 riot.

SB 98, McGuire’s bill, would allow California journalists remain in areas that police have ordered cleared of protesters. Reaffirming existing law, McGuire’s bill also allows journalists to work near police command posts. And it says detained journalists have the right to immediately contact a supervisory officer to challenge their detention.

An almost identical bill, also by McGuire, passed last year. Newsom vetoed it, expressing concerns that “fringe groups” could gain access to cordoned-off areas by claiming to be journalists. The new bill, like the law covering disaster zones, clearly applies to “duly authorized representative” of news organizations. That should allow authorities to turn away any interlopers.

Protesting is a fundamental right, guaranteed by the First Amendment. So is news reporting. By signing SB 98, Newsom can ensure that journalists are able to do their jobs and protect the public’s right to know.

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