The University of Missouri opened the world’s first school of journalism in 1908.
But today, in 2015, the University is quickly becoming known for silencing journalists.
In October, a reporter covering protests at the school was blocked and harassed by protest
members, who ordered him to leave.
U of M’s assistant professor of mass media even grabbed the reporter’s camera, yelling
that she would need more “muscle” to kick him out.
The situation has many wondering what legal protections exist for members of the press.
What rights do journalists have?
Well, first of all, what is a journalist?
Are bloggers journalists?
Are you a member of the press just because you say so?
Basically, yes.
A journalist is simply someone who collects information for the purposes of distribution.
So whether you’re talking about Kazakhstan or the Kardashians, you have the same legal
rights.
Within the United States, the First Amendment of the Constitution allows for freedom of
the speech and press.
This means that as a journalist, you are allowed to say and communicate information without
interference from the government.
However, these protections are specific to distributing news, rather than gathering it.
While courts have acknowledged that gathering news must have some level of protection, reporters
in public areas have all the same access as any other regular person.
This is important in cases where journalists are specifically barred from events, or even
arrested by police as a form of censorship.
Courts have sided with journalists, as long as they are not actually obstructing police.
In fact, any journalist who is arrested, specifically in violation of their First Amendment rights,
is able to file a special lawsuit, called a “1983 action”.
This is used to sue government officials for constitutional violations.
But how are journalists protected in more dangerous situations, like active war zones?
Perhaps surprisingly, the guidelines are not all that different from those in the US.
Effectively, journalists have all the same rights as civilians, as detailed in the Additional
Protocol to the Geneva Convention.
So, obviously, you can’t torture or kill them.
But in cases where journalists are imprisoned, an important distinction arises.
Imprisoned war correspondents are given the status “prisoner of war”.
This means that under the Third Geneva Convention, they must be treated humanely and with honor,
allowed to communicate with their families, and not be starved, tortured, or made to do
dangerous work for no pay.
This is considerably better than simply being a civilian prisoner.
But in a recent case, this distinction actually led to a journalist being held against his
will.
A Colombian rebel group agreed to stop kidnapping civilians, but when they captured a French
journalist in 2012, they said he was a prisoner of war, and thus not a civilian.
But outside of war, there is actually very little difference between a member of the
public and a journalist.
There is not necessarily a right of access in nonpublic places.
However, journalists cannot specifically be blocked in situations where anyone else would
be allowed through.
Press censorship is often employed in countries with human rights abuses, or by dishonest
organizations.
Clearly, it is vital for the free flow of information that journalists have all the
rights they need.
Sadly, many journalists face grave danger just for doing their jobs.
To find out the deadliest countries for journalists, check out this video.
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