Chicago police detained two journalists outside a hospital as they waited on a public sidewalk to interview the family of a young shooting victim, according to the Reporter’s Committee for Freedom of the Press (RCFP).
In this video of the incident, the arresting officer says, “Your First Amendment rights can be terminated if you create a scene. Your First Amendment rights have limitations.” The journalists asked how they were creating a scene, and the arresting officer responded, “Your presence is creating a scene.”
(Note: NBC, which owns this video, may run a short advertisement before it plays)
The journalists, a radio reporter and TV cameraman, were held in a police vehicle and released after ten minutes without charges, according to RCFP.
National Press Photographers Association attorney Mickey Osterreicher, who has been kept busy lately reading the US Constitution to police departments all over the country, sent a letter of protest to the Chicago Superintendent of Police. Osterreicher wrote that it isn’t the duty of police officers “to decide what is appropriate news coverage of any story.
“It is apparent that the two journalists were not charged because…there was no criminal trespass and your officers’ overreaction by detaining them in a catch-and-release manner only served to prevent them from carrying out their professional and lawful function,” Osterreicher wrote. “It was nothing less than a blatant disregard of the First and Fourth Amendment.” (The Fourth Amendment protects citizens from unlawful search and seizure by police.)