Attorney Rachel Baird has filed a
federal lawsuit on behalf of American News and Information Services, American News owner Ed Peruta, and James "J.C." Playford defending
the First Amendment right to film police activity on public property. The lawsuit challenges unconstitutional behavior
and policies of the San Diego Police Department, which has repeatedly violated
the First Amendment rights of J.C. Playford, a freelance
photojournalist and member of the National Press Photographers Association (NPPA)
currently employed by American News.
Mr. Playford has been arrested
four times since 2010 for attempting to film police activity in San Diego
County. The San Diego Police Department
has also revoked
his police-issued press credential, in accordance with a policy by which the
Department claims complete authority in determining who qualifies as a member
of the news media. Moreover, the SDPD refuses
to recognize media credentials issued by private organizations such as
American News, or even by more established organizations such as Fox News.
This policy is entirely
inconsistent with recent Circuit Court decisions regarding the First Amendment
right to film police activity on public property. Most notably, the First Circuit ruled in 2011
that “the public’s right of access to information is coextensive with that of
the press.” Though the issue has not yet
been decided upon at the Supreme Court, the Ninth and Eleventh Circuits, along
with multiple federal district courts, have issued rulings consistent with the
First Circuit. The proliferation of cell
phones with video capability, along with ubiquitous internet access and the
instant publishing capabilities of bloggers, has made every citizen a potential
member of the news media in today’s society.
The filing of the
complaint coincided with an American Civil
Liberties Union (ACLU) letter written to SDPD Chief William Lansdowne
expressing strong concern about the Department’s interference with First
Amendment rights. Moreover, the NPPA
Advocacy Committee has posted a blog
entry about the pending litigation, which has also been chronicled in a
recent article
in the Courthouse News.
