first_published_at,last_published_at,title,slug,latest_revision_created_at,charges,legal_orders,updates,categories,links,equipment_seized,equipment_broken,targeted_journalists,authors,date,exact_date_unknown,city,state,latitude,longitude,body,introduction,teaser,teaser_image,primary_video,image_caption,arrest_status,arresting_authority,release_date,detention_date,unnecessary_use_of_force,case_number,case_statuses,case_type,status_of_seized_equipment,is_search_warrant_obtained,actor,border_point,target_us_citizenship_status,denial_of_entry,stopped_previously,did_authorities_ask_for_device_access,did_authorities_ask_about_work,assailant,was_journalist_targeted,charged_under_espionage_act,subpoena_type,subpoena_statuses,name_of_business,third_party_business,legal_order_target,legal_order_type,legal_order_venue,status_of_prior_restraint,mistakenly_released_materials,type_of_denial,targeted_institutions,tags,target_nationality,workers_whose_communications_were_obtained,politicians_or_public_figures_involved 2021-04-14 18:50:35.472467+00:00,2024-02-29 19:24:55.043265+00:00,"The Daily Mail blocked from media center, trial exhibits in Chauvin trial",https://pressfreedomtracker.us/all-incidents/the-daily-mail-blocked-from-media-center-trial-exhibits-in-chauvin-trial/,2024-02-29 19:24:54.963210+00:00,,,,Denial of Access,,,,,,2021-03-24,False,Minneapolis,Minnesota (MN),44.97997,-93.26384,"
A Minnesota judge on March 24, 2021, denied media credentials to the British newspaper the Daily Mail to cover the trial of former Minneapolis police officer Derek Chauvin.
Hennepin County Chief Judge Toddrick Barnette issued the order five days before the beginning of the trial, in which Chauvin is facing murder and manslaughter charges in the death of George Floyd, a Black man, during an arrest on May 25, 2020.
The order denied journalists from the Daily Mail access to a media center set up in a building across the street from the courthouse for members of the press covering the trial, The Associated Press reported. Media outlets are sharing two pool seats in the courtroom, according to the AP.
Barnette’s order also barred the publication from directly accessing trial exhibits and “all media updates related to the trial.”
The judge wrote that his decision was based on the Daily Mail’s publication on Aug. 3 of footage from body cameras worn by two other Minneapolis police officers who were present at the time of Floyd’s arrest.
The footage was introduced in court in July 2020 as part of pre-trial litigation. Due to the massive amount of public attention on the case and the need “to minimize the effects of judicial pretrial publicity,” a judge had limited the distribution of the footage, Barnette wrote. Under rules set for the body camera footage, members of the media and the public could view it by appointment at a Hennepin County government building, but could not record it or republish it.
Barnette wrote in his order that an investigation determined the video footage was stolen around the time the public could view it. He said that though it was not clear that the Daily Mail stole the footage, it was the first outlet to publish it.
Though the media plays an important role in the criminal justice system, Barnette wrote, “in situations where a Court Order has been violated and a media outlet knowingly exploits the violation by publishing stolen records of court exhibits, the Court is required to pursue an equitable consequence.”
Barnette noted in the order that the Daily Mail could still access exhibits from other media outlets. He said he assumed that the publication paid for the body camera footage and that he was “confident” it would be able to pay for other material that came out during the trial.
“This is not a hardship for the Daily Mail, it is merely an inconvenience,” Barnette wrote.
The Daily Mail did not respond to requests for comment from the U.S. Press Freedom Tracker.
The Daily Mail appealed the order to the Minnesota Court of Appeals on March 26, arguing that the denial of credentials was a violation of the First Amendment, the AP reported.
Mark Anfinson, local counsel for the Daily Mail, wrote in the petition that the video was “almost certainly not ‘stolen’” and that the newspaper had no role in copying the video, according to the AP. The Daily Mail said it was “leaked a copy of the video from a third party source not associated with the court.”
On April 5, the American Civil Liberties Union of Minnesota filed a letter in support of the Daily Mail’s appeal. The ACLU argued that there is no evidence that the newspaper played a role in copying the video footage, and asserted that the decision in the case will have implications for others who cover court trials in Minnesota.
In an order issued April 6, the appeals court rejected the Daily Mail’s request to throw out Barnette’s order.
The court ruled that a writ of prohibition was not appropriate because the Daily Mail had not pursued all other options. The judges also wrote that the newspaper did not demonstrate injury, given that live video and audio of the proceedings are available online and trial materials are widely available.
Anfinson told the U.S. Press Freedom Tracker on April 9 that the newspaper had not yet decided whether to take further steps.
He rejected the judges’ assertion that the Daily Mail did not pursue other avenues to resolve the issue before asking the appeals court to overturn Barnette’s order.
“It's ludicrous to suggest that we had other options here,” Anfinson said. “We didn't. He issued a formal court order, restricting public access to documents that are public to one news organization. It's a clear cut violation of the First Amendment.”
Hennepin County Government Center is the trial site of former Minneapolis police officer Derek Chauvin, who is facing murder charges in the 2020 death of George Floyd.
",None,None,None,None,False,None,[],None,None,False,None,None,None,False,False,None,None,None,None,False,None,[],None,None,None,None,None,None,False,"['PRESS_CREDENTIAL', 'OTHER']",Daily Mail,"Black Lives Matter, Black Lives Matter 1 year, Black Lives Matter 2021, protest",,,Judiciary: District Court 2020-11-11 17:41:03.768850+00:00,2022-11-18 14:27:36.099258+00:00,Daily Mail photographer arrested while covering Portland protest,https://pressfreedomtracker.us/all-incidents/daily-mail-photographer-arrested-while-covering-portland-protest/,2022-11-18 14:27:36.016485+00:00,trespassing (charges dropped as of 2020-08-31),,(2022-10-20 09:35:00+00:00) No charges remain against Daily Mail journalist arrested in 2020,Arrest/Criminal Charge,,,,Michael Arellano (Daily Mail),,2020-08-07,False,Portland,Oregon (OR),45.52345,-122.67621,"Daily Mail photographer Michael Arellano was arrested on Aug. 7, 2020, while covering a protest in northeast Portland, Oregon.
The protest was one of many that broke out across the U.S. in response to police violence and in support of the Black Lives Matter movement following the May 25 death of George Floyd. The U.S. Press Freedom Tracker is documenting assaults, arrests and other incidents involving journalists covering protests across the country.
Law enforcement officers in Portland have targeted journalists since the outbreak of the demonstrations in late May, according to a class-action lawsuit filed in June by the American Civil Liberties Union Foundation of Oregon. The ACLU suit led to the city agreeing to a preliminary injunction in July to not arrest, harm or impede the work of journalists or legal observers of the protests.
The protesters began at Laurelhurst Park in southeast Portland and marched to the Penumbra Kelly Building on East Burnside Street and 47th Avenue, according to The Oregonian. The building, which houses the Multnomah County Sheriff's office and some Portland Police Bureau units, has been a repeated focus of demonstrators.
Within a few minutes of the crowd’s arrival, police declared an “unlawful assembly.” Officers moved toward a group of journalists standing near the Kelly building, The Oregonian reported. “The journalists, including an Oregonian/OregonLive photographer, were staying behind a line of orange cones that police had set up. Police moved in and detained one photographer working on behalf of The Daily Mail,” the paper reported, identifying him as Arellano.
In a statement about the night’s police actions, the PPB said it had announced that anyone remaining on the Kelly building property would be arrested for trespassing. “People who remained standing on the property after multiple public address announcements were arrested,” the PPB said. Arellano was booked for criminal trespassing in the second degree.
At 9:48 p.m., independent journalist Griffin Malone tweeted a video of Arellano’s arrest from across the street. In the video, Arellano doesn’t appear to be behind the cones with the other members of the press, but it’s also not apparent that he was on the Kelly building property. Officers can be seen pulling him backwards toward the building during the arrest.
Arrested press and retreated. pic.twitter.com/maH2Dd9NUG
— Griffin - Live Protest News (@GriffinMalone6) August 8, 2020
Photojournalist Nathan Howard retweeted the video and added, “Here's Michael Arellano photographer with the @DailyMail getting arrested for no apparent reason tonight. He has been covering this for weeks. No warnings, no dispersal order (which press are immune to anyway).”
The Oregonian reported that police “were keeping the loudspeakers farther away from the crowd than usual,” making it difficult for protesters to hear announcements.
The PPB has said it wouldn't comment on incidents involving journalists covering the protests, citing continuing litigation in the ACLU case. Arellano didn’t respond to a request for comment.
The New York City Police Department subpoenaed a journalist’s cellphone records as part of a leak investigation, according to the reporter, who asked that their name not be disclosed, citing fear of harming relationships with sources, and a report by the New York Daily News.
On July 14, 2020, the New York-based freelancer who works for the Daily Mail received a letter stating that their phone records had been subpoenaed and used to question a police officer about his alleged contact with the reporter, according to the letter, which was seen by the Committee to Protect Journalists.
The letter, which was sent to the reporter by the police officer’s lawyer, stated that the investigation related to leaked information about the arrest of actor Cuba Gooding Jr. in June 2019.
When the journalist’s lawyer, Ron Kuby, sought to obtain a copy of the subpoena from the journalist’s telecom provider, AT&T, the company refused, saying that they do not disclose subpoenas relating to criminal matters.
An NYPD official told the Daily News that the subpoena was issued before the department changed its regulations about acquiring journalists’ phone and social media records earlier this year.
When CPJ called the NYPD to ask about the department’s current policy on issuing subpoenas on journalists, the operator told CPJ to send an email requesting information. CPJ sent an email requesting additional information, but the NYPD did not respond.
In February, the NYPD withdrew a subpoena for data from the Twitter account of New York Post police bureau chief Tina Moore, that was issued under the Patriot Act as part of a leak investigation, as the U.S. Press Freedom Tracker documented at the time.
NYPD Commissioner Dermot Shea later issued an apology for subpoenaing that information, according to an article from the Daily News.
When CPJ called the NYPD for comment, a representative told CPJ to send questions via email. CPJ emailed the police department but did not receive any response.
Jim Greer, AT&T’s assistant vice president for corporate communications, told CPJ in an email that, “Like all companies, we are required by law [to] comply with subpoenas from government and law enforcement agencies.”
Editor’s Note: The U.S. Press Freedom Tracker documents subpoenas of journalistic work product or testimony by date the subpoena is issued. Until this subpoena is made available, however, we are logging it by date that the reporter became aware of its existence. That date, and how it affects our category count, may change in the future.
Photojournalist Jae Donnelly was assaulted by a police officer while documenting protests in New York City on June 2, 2020. His camera and lens were also damaged in the attack.
Protests that began in Minnesota on May 26 have spread across the country, sparked by a video showing a police officer kneeling on the neck of George Floyd, a Black man, during an arrest the day before. Floyd was later pronounced dead at a hospital.
Donnelly, who works for the U.K.-based Daily Mail, told the U.S. Press Freedom Tracker that he was documenting peaceful protests on the Upper West Side at approximately 9:30 p.m. An 8 p.m. curfew was in place that night, though members of the media were exempt as “essential workers.”
He told the U.S. Press Freedom Tracker that he was wearing his foreign press pass and had a helmet strapped to his backpack, though he hadn’t used it given how peaceful the protests had been for the previous three hours.
The protest was progressing down Ninth Avenue and had just passed near the Midtown North Police Precinct on 54th Street when everyone started running south, Donnelly wrote in an account for the Daily Mail.
“I looked back and behind the running crowd, the tail end of the protests, a bunch of NYPD officers were picking off anybody they could get their hands on and arresting them,” Donnelly said.
The final photograph Donnelly captured was of a highly decorated officer coming toward him with a wooden stick taken from a protester.
“I remember trying to get away as he came at me, while explaining, ‘I’m media,’” he said.
Footage captured by The Associated Press shows a second officer charging at Donnelly from his left and striking him over the arm and head with a baton. Donnelly then spins around and appears to hold out his press pass. Donnelly told the Tracker that he was identifying himself again as a photojournalist for the Daily Mail.
The officer is then seen charging and striking Donnelly again.
“He hit me with such force that I had no control over how I landed,” Donnelly wrote. The next thing he knew he was on the ground on the opposite side of the street, his cheekbone in pain and his DSLR camera and lens smashed.
Donnelly told the Tracker that he is sure that the officer deliberately chose to assault him.
“There was absolutely no way he could not have seen me holding up my press pass and shouting that I’m media,” Donnelly said. “He made a decision, and that was to harm me.”
Donnelly said that he tried to find a high-ranking NYPD officer to speak to about the incident. When he asked officers congregating around the precinct how to file a complaint, they told him to call 911 and speak to Internal Affairs.
“I’ve never felt in fear doing my job but what I was on the receiving end of Tuesday night is setting a really dangerous precedent,” he wrote in his account.
When asked for comment, an NYPD spokesperson directed the Tracker to the “30-minute mark” of a press briefing held by New York Mayor Bill de Blasio and Police Commissioner Dermot Shea on June 3.
Around that point in the recording, Shea says: “The only thing that I might add on the point of the press: We’re doing the best we can, the difficult situation. We 100 percent respect the rights of the press. Unfortunately we’ve had some people purporting to be press that are actually lying, if you can believe that. So sometimes these things take a second—maybe too long—to sort out.”
Donnelly told the Tracker that he has been unable to work since the incident due to the damage to his equipment.
The U.S. Press Freedom Tracker is documenting several hundred total incidents of journalists assaulted, arrested, struck by crowd control ammunition or tear gas or had their equipment damaged while covering protests across the country related to the death of George Floyd while in police custody. Find all of these cases here.
NYPD officers detain protesters for violating curfew during demonstrations in Manhattan on June 2, 2020. Photojournalist Jae Donnelly was covering protests in the city that day when an officer charged and struck him repeatedly.
",None,None,None,None,False,1:21-cv-06610,['SETTLED'],Civil,None,False,law enforcement,None,None,False,False,None,None,law enforcement,yes,False,None,[],None,None,None,None,None,None,False,[],,"Black Lives Matter, Black Lives Matter 1 year, Black Lives Matter 2020, protest",,, 2017-08-02 06:11:40.032611+00:00,2023-12-21 21:05:30.375079+00:00,Reporters excluded from press briefing,https://pressfreedomtracker.us/all-incidents/reporters-excluded-press-briefing/,2023-12-21 21:05:30.259671+00:00,,,,Denial of Access,,,,,,2017-02-24,False,Washington,District of Columbia (DC),38.89511,-77.03637,"Aides to White House Press Secretary Sean Spicer barred 11 news outlets from attending an informal briefing known as a “gaggle” held in lieu of a daily press briefing on Feb. 24, 2017. When reporters tried to enter Spicer's office for the briefing, they were told that they were not on the list of attendees. The press pool was invited to attend along with several handpicked outlets.
CNN, The New York Times, Politico, The Hill, the BBC, the Daily Mail, the Guardian, BuzzFeed, Huffington Post, the Los Angeles Times, and New York Daily News were excluded.
White House spokeswoman Sarah Sanders claimed that the briefing had taken place in a smaller office and that the press pool had been invited.
“We invited the pool so everyone was represented. We decided to add a couple of additional people beyond the pool. Nothing more than that," she said.
The pool consisted of Hearst Newspapers and CBS. NBC, ABC, Fox News, One America News Network, The Wall Street Journal, Bloomberg, Breitbart, McClatchy and The Washington Times were also invited and attended.
Reporters from The Associated Press, Time and USA Today declined to attend.
Journalists work in the briefing room at the White House on Feb. 24, 2017. Several major news organizations were excluded from an off camera "gaggle" meeting with White House Press Secretary Sean Spicer.
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