A Voice from the Eastern Door
A Voice from the Eastern Door
By Andy Gardner.
AKWESASNE – The Freedom of the Press Foundation and 20 other advocacy groups are calling on the St. Lawrence County District Attorney’s Office to drop the charges against an Indian Time reporter who was arrested while covering a protest opposing a proposed land claim settlement with the St. Regis Mohawk Tribe.
White, 42, was handcuffed behind his back by New York State Police troopers and taken from the scene along with seven people who were there as demonstrators. He and the others were all charged with misdemeanor sixth-degree conspiracy, and trespass, which is a violation, and released. He declined to comment for this story, citing the ongoing legal case.
The foundation is a non-profit advocating for freedom of the press rights outlined in the First Amendment of the United States Constitution.
“We urge you to drop all charges against Indian Time reporter Isaac White arising from his May 21, 2024, arrest, particularly in light of recent guidance from the federal Department of Justice making clear that the charges against him violate his constitutional rights,” the letter reads. “White had no involvement in planning or organizing the protest. He arrived in his capacity as a journalist after receiving a news tip.”
The protest took place on Barnhart Island, which the New York Power Authority alleges is theirs. The protesters say otherwise – that they had a right to be there as Onkwehonweh on Onkwehonweh land.
One of the seven activists, Larry V. Thompson, was charged with a felony count of criminal mischief. He was charged with that for digging with a backhoe. Thompson previously told reporters that he was going to start building a foundation for Native housing. The conspiracy charges allege the protesters and White conspired to damage NYPA land.
Seth Stern from the Freedom of the Press Foundation wrote a letter he emailed on Thursday, Oct. 24 to St. Lawrence County District Attorney Gary Pasqua, all of his assistant district attorneys, county administrator Ruth Doyle, and all 15 members of the St. Lawrence County Board of Legislators. Stern says he’s received no response. The county DA’s Office is in the middle of prosecuting a major double murder trial that has been ongoing since October 15. It’s expected to go well into November.
Stern wrote his letter shortly after the U.S. Department of Justice issued new guidance on police treatment of journalists during and after protests.
"What made the case particular interest to us, it doesn't seem Isaac was accused of any wrongdoing besides reporting news. While the case remained pending, the DOJ issued new guidance reiterating its previously stated position that journalists are allowed to covered protests and their aftermaths, even if protesters are dispersed,” Stern said in a phone interview.
In his letter, Stern explained the new guidance regarding police handling of journalists at protests “resulted from a convening of police leaders and journalists spearheaded by the Police Executive Research Forum and the Reporters Committee for Freedom of the Press.”
“The report states as follows: In the case of mass demonstrations, there may be situations – such as dispersal orders or curfews – where the police may reasonably limit public access. In these circumstances, to ensure that these limitations are narrowly tailored, the police may need to exempt reporters from these restrictions … it is recommended that police err on the side of inclusiveness, defining as ‘media’ both credentialed press from established media outlets and noncredentialled individuals who are acting as reporters in their function and behavior,” the letter reads.
Stern goes on to explain that in addition to the federal justice department, appellate courts have ruled that police ordering journalists to disperse with protesters is “constitutionally problematic.”
“New York courts and the Second Circuit Court of Appeals have repeatedly recognized the rights of journalists to record and document police conduct, including during protests. The New York Police Department recently enacted a policy that exempts credentialed journalists from dispersal orders, as part of a settlement of claims against it relating to its response to Black Lives Matter protests in 2020,” Stern writes. “Credentialing is less relevant in light of the DOJ’s guidance’s but, to the extent that it matters, White was carrying press credentials at the time of his arrest. Officers told him they didn’t care.”
“The First Amendment requires that any restrictions on when, where, and how reporters gather information ‘leave open ample alternative channels’ for gathering the news. Law enforcement
did not communicate a specific dispersal point for White or the others arrested that day, let
alone one in a location from which White could effectively report. Although he was not obligated
to do so, White moved away from the other arrestees. He was arrested anyway,” the letter says.
Go to https://shorturl.at/8E6FJ to read the complete letter.
The other signatory organizations are the Association of Health Care Journalists, Common Cause NY, Courage Foundation, Defending Rights & Dissent, First Amendment Coalition, First Amendment Foundation, Foundation for Individual Rights and Expression, Indigenous Journalists Association, National Press Photographers Association, News/Media Alliance, New York News Publishers Association, NYCLU, Radio Television Digital News Association, Reinvent Albany, Reporters Without Borders (RSF), RootsAction.org, Society of Environmental Journalists, Society of Professional Journalists, Surveillance Technology Oversight Project (S.T.O.P.), and The Authors Guild.
Reader Comments(0)