buyer's guide - San Francisco Police Officers Association
buyer's guide - San Francisco Police Officers Association
buyer's guide - San Francisco Police Officers Association
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April - May, 195 POLICE AND PEACE OFFICERS' JOURNAL Page 13<br />
RIGHTS OF PRESS DURING RIOTS<br />
The first opinion in the history of the<br />
city of Philadelphia, Pennsylvania, clarifying<br />
the relations between police officers<br />
and news photographers and reporters during<br />
emergency situations, was recently<br />
issued by City Solicitor David Berger.<br />
In essence, it holds that the freedom of<br />
the press provision in the Federal Constitution<br />
guarantees newsmen their newsgathering<br />
rights even during emergencies.<br />
"Meaningful freedom of the press includes<br />
the right to photograph and disseminate<br />
pictures of public events occurring in<br />
public places," the opinion states. It adds<br />
that physical abuse of news personnel by<br />
a police official can constitute "an extreme<br />
form of censorship."<br />
On the other hand, it holds that the<br />
police are under no compulsion to assist<br />
news personnel to secure news when such<br />
help hampers them in performing their<br />
duty.<br />
NEAR-RIOT<br />
The opinion stems from an incident involving<br />
a press photographer during an<br />
Adlai Stevenson speech at the University<br />
of Pennsylvania Palestra during the recent<br />
presidential campaign.<br />
While helping to restore order during<br />
a demonstration or near-riot, a police of-<br />
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ficer accidentally or deliberately shoved<br />
the photographer, a staff member of a<br />
Philadelphia daily paper, against a wall.<br />
The incident prompted <strong>Police</strong> Commissioner<br />
Thomas J . Gibbons to ask for legal<br />
advice to clarify the respective rights of<br />
the police and the press during riots, demonstrations,<br />
arrests, and like circumstances.<br />
The City Solicitor replied in a threepage<br />
opinion, believed to be the first of its<br />
type ever issued in any major American<br />
city, as follows:<br />
FORMAL OPINION No. 196<br />
CITY OF PHILADELPHIA,<br />
LAW DEPARTMENT<br />
You have asked coy opinion regarding<br />
the respective rights of the police of the<br />
city of Philadelphia in maintaining law<br />
and order and of press photographers performing<br />
their work with complete freedom<br />
of the press. This request was precipitated<br />
by an incident occurring on October 31,<br />
1956, at the Palestra of the University of<br />
Pennsylvania during a political rally of the<br />
Democratic Party.<br />
HECKLERS Busy<br />
It appears that during the televised<br />
speech of Adlai Stevenson, Democratic<br />
candidate for President of the United<br />
States, a vociferous group of hecklers attempted<br />
to interrupt the proceedings by<br />
displaying a banner, shouting and other<br />
wise creating a loud disturbance. Especially<br />
since great sums of money were spent for<br />
the national television program, the rude<br />
and inexcusable interference with Mr. Ste-<br />
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venson's speech was hotly resented by the<br />
large and partisan audience in the Palestra.<br />
This created a condition threatening to<br />
incite violence or even possibly riot in an<br />
overcrowded hail.<br />
It was only natural, therefore, that police<br />
were called to quell the disturbance.<br />
<strong>Police</strong> intervention was opposed and a certain<br />
amount of force became necessary to<br />
remove the demonstrators from the hall.<br />
Whether inadvertently or not, one of the<br />
photographers of a city newspaper was included<br />
in the group and in the ensuing<br />
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