$278.00 donated in past month
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Thu Oct 14 2010 (Updated 10/15/10)Ninth Circuit Decision Limits Freedom of the Press
Thu Oct 14 2010 (Updated 10/15/10)Indybay Journalist Denied the Right to Sue to Redress His Own False Arrest by SFPD in 2004
A credentialed reporter, who was prominently displaying a press pass issued by the very police agency who arrested him, can be lawfully arrested for jaywalking simply for standing in a parking indentation/turnout while filming an incident on a street blocked off to traffic, according to a decision issued on October 12th by the U.S. Court of Appeals for the Ninth Circuit.
On March 20, 2004, Mark Burdett was covering an antiwar march for Indybay. He was wearing a San Francisco Police Department issued press pass on a chain around his neck. While Burdett was filming the arrest of a protester, someone unknown ran past Burdett and knocked over a police motorcycle next to him. Officer Mark Shea (#2092) reacted to the sound of the motorcycle falling over and charged Burdett, accusing him of knocking it over. Burdett repeated several times that he didn’t do it, but offered no resistance, while others in the crowd yelled that police had the wrong guy. Shea dragged Burdett to the curb where other officers joined him in forcing Burdett down and flipping him onto his face, causing a large bruise on his forehead. Officers then manhandled the non-resisting Burdett while handcuffing him, including Steven Smalley (#1885), who deliberately bent Burdett’s thumb back and broke or sprained it. Realizing their mistake, but intent nonetheless on cover-up, the police then arrested Burdett – not for knocking over the motorcycle, but for jaywalking.
Commenting on the decision which now strips him of the ability to sue to redress his own false arrest, Mark Burdett said: "We can’t let the courts stand in the way of the vital work of independent journalism. Independent reporters will continue to fight for the right to carry out our work free from the seizure of our reporting materials, and from arbitrary arrest and physical attack by police.” His attorney, Ben Rosenfeld, says the ruling “confirms many people’s disgust that courts today exist to launder the bad behavior of the rich, the powerful, and the police, no matter what long term damage this does to society as a whole.”
San Francisco: March and Rally in Solidarity with Oaxaca and Against the Police (1 comment) Wednesday Jul 20th 10:12 PM
Resistencia desde Califas a Oaxaca (1 comment) Wednesday Jul 20th 10:08 PM
#FreedomNow: Global Call to Action 7.21 (1 comment) Wednesday Jul 20th 4:01 PM
SF Action to End Racist Police Terror Wednesday Jul 20th 1:37 PM
Photos: Solidarity Rally and March with Oaxacan Uprising (1 comment) Friday Jul 15th 11:59 PM
Complaint Filed Against SF Supervisor Candidate for Financial Conflict of Interest (1 comment) Monday Jul 11th 4:19 PM
Mexican Trade Unionists To Visit SF And Northern California Sunday Jul 10th 12:19 PM
Grocery Tax on SF 11/8/16 Ballot & Other Anti-Labor Props Saturday Jul 9th 8:40 PM
Photos from "March and Rally - End Racist Police Terror!" event Saturday Jul 9th 8:26 AM
Solidarity March With Oaxacan Uprising / Marcha en Solidaridad con la Rebelión en Oaxaca Friday Jul 8th 3:47 PMMore Local News...
[ × close ]
Killer whales remain protected in Washington Wednesday Jun 15th 5:03 PM
Pre-Paid Phone "Security" Law Threatens to Make Black Lives Even Harder Thursday May 12th 9:37 PM
Police evicts No Border Camp in Greece (2 comments) Wednesday Apr 20th 5:13 AM
Mary Kay Henry - Members Demand Say Aside The Rigged Election Results In SEIU 1021! (1 comment) Sunday Mar 27th 11:34 PM
Capitalism, Sports & The Super Bowl: The Cost, The Politics, Privatization And The Game Wednesday Feb 3rd 11:55 AM
Feds Launch Review of Endangered West Coast Orcas Wednesday Jan 27th 5:18 PM
Spring Break Delegation to Bolivia, Food Sovereignty, and Indigenous Resistance! Sunday Jan 10th 10:19 AM
War In The Middle East, The Kurds, Turkey, Erdogan And the ISIL Connection (2 comments) Wednesday Nov 25th 8:31 AM
Climate Games begin ahead of COP21 (1 comment) Sunday Nov 8th 1:55 PM
A Captured Agency? The Airlines, Trucking And OSHA With Fired OSHA Investigator Dar Sunday Nov 1st 4:25 PMMore Global News...
[ × close ]
Walgreens will start surcharging San Francisco Federal Credit Union Members Friday Jul 22nd 11:39 PM
The unabashed apostasy at San Francisco's Civic Center (1 comment) Thursday Jun 9th 12:56 AM
Ed Lee's Shill/Flack Randy Shaw CEO of City Funded THC Wants Press To Get More Lee Support Wednesday Jun 1st 8:48 AM
To save Indybay, please pay now; nothing is free (2 comments) Wednesday Jun 1st 12:43 AM
Ed Lee's SF Sheriff Hennessey Goes After Tenant Activist Who Exposes Corruption By Soriano Monday May 23rd 10:17 PM
SF Democrat Jane Kim Supports Union Busting Charter Schools In Campaign For CA Assembly (2 comments) Saturday May 21st 2:39 PM
Berlin - Anarchist Demonstration to Protect Self-Organized Rebel Projects Saturday May 7th 9:40 AM
Lawsuit Filed Against Google In Superior Court. Plaintiffs Seek To Hire Jury Presentation Friday May 6th 2:06 PM
SFPD's costs of 1000+ gun buyback partially revealed (1 comment) Tuesday May 3rd 3:15 PM
May Day - International Workers Day March & Rally Photos (1 comment) Sunday May 1st 8:01 PMOpen Newswire...
[ × close ]