Summary of "Lawfare Archive: Protests, the Police, and the Press"

Podcast Information:

• Title: The Lawfare Podcast
• Host/Author: The Lawfare Institute
• Episode: Lawfare Archive: Protests, the Police, and the Press
• Release Date: June 14, 2025

Introduction

In the archived episode titled "Protests, the Police, and the Press," released on June 14, 2025, the Lawfare Institute delves into the increasing tensions between law enforcement agencies and journalists covering protests. Hosted by Caroline Cornett, the episode revisits a pivotal discussion from June 21, 2023, featuring Joel Simon, author of the report Covering Democracy, Protests, Police, and the Press, and Katie Glenn Bass, Research Director of the Knight First Amendment Institute.

Background of the Report

Caroline Cornett sets the stage by referring to recent mass protests in Los Angeles post-immigration raids, highlighting clashes between law enforcement and protesters, and the alarming number of assaults on journalists (Cornett, 01:35). The report under discussion examines attacks on journalists during social justice movements in 2020, emphasizing the erosion of press freedom in volatile protest environments.

Tyler McBrien, Managing Editor of Lawfare, introduces the context by recounting the assault on Carolyn Cole, a Pulitzer Prize-winning photographer who was violently pushed and pepper-sprayed by the Minnesota State Patrol while covering the George Floyd protests (McBrien, 02:47). This incident is emblematic of a broader trend documented in the report, which reveals that in 2020 alone, at least 129 journalists were arrested while covering protests, and over 400 faced physical attacks, with 80% attributed to law enforcement.

Key Findings

Joel Simon emphasizes the critical role of media in sustaining protests, describing it as "the oxygen that gives protests life" (McBrien, 02:47). Without media coverage, the motivations and demands of protesters lack visibility, diminishing their impact on public discourse and policy.

Katie Glenn Bass elaborates on the dual categories of challenges faced by journalists:

1. Targeted Attacks by Police: Journalists wearing identifiable gear (e.g., press badges, cameras) are often singled out for physical attacks or impediments while performing their duties (Bass, 07:09).
2. Aggressive Policing Tactics: Practices like kettling, where large groups are detained simultaneously, inadvertently or deliberately ensnare journalists, impeding their ability to document events (Bass, 07:09).

Additionally, Bass notes a disturbing trend where some protesters view journalists with suspicion or hostility, undermining the cooperative dynamic that once facilitated effective coverage of demonstrations (Bass, 07:09).

Historical Context

Tracing back to the civil rights movement, Katie Glenn Bass references Gene Roberts' The Race Beat, which documented how journalists covering civil rights protests in the South faced systematic violence akin to that seen in authoritarian regimes (Bass, 22:00). Historically, the relationship between the press and police was often cordial, with mutual understanding and respect allowing for effective reporting. However, this relationship has deteriorated due to:

• The decline of local media institutions.
• Increased hostility between protesters and law enforcement.
• Shifts in media perception, where police view current media coverage as biased or adversarial.

Legal Cases and Judicial Responses

The discussion highlights significant legal cases arising from these tensions:

1. Goyet vs. City of Minneapolis: A class-action lawsuit where journalists and legal observers sued the city for unlawful attacks during protests. The court granted a preliminary injunction, leading to a settlement that mandated police training on press freedom (Bass, 36:18).

2. Index Newspapers vs. City of Portland: Similar to Goyet, this case resulted in a monitored injunction requiring Portland police to adhere to First Amendment protections for journalists (Bass, 36:18).

Katie Glenn Bass critiques the litigation-centric approach, describing it as "stupid and inefficient" due to its high costs and delayed structural changes (Bass, 36:18). She advocates for proactive measures like comprehensive police training to prevent violations rather than relying solely on legal redress.

Recommendations

The report proposes several actionable recommendations to safeguard press freedom:

1. Presumption of Journalism: Law enforcement should adopt a "functional test" to identify journalists based on observable characteristics (e.g., press passes, equipment, attire). In cases of doubt, they should err on the side of protecting journalistic activities (Bass, 15:17).

2. Enhanced Training: Implement regular training sessions for police officers to recognize and respect journalistic roles, facilitated by experts like Misty Mickey Osterreicher from the National Press Photographers Association (Bass, 41:54).

3. Legislative Measures: Encourage state legislatures to codify press freedom protections, similar to California's exemptions for journalists during dispersal orders (Bass, 44:20).

4. Department of Justice Oversight: Advocate for the Department of Justice to include press treatment in its pattern of practice investigations into police misconduct (Bass, 44:20).

5. Industry Engagement: Media organizations should take an active role in training both journalists and law enforcement, fostering better relationships and mutual understanding (Bass, 44:20).

Implications and Future Concerns

Katie Glenn Bass warns that ongoing attacks on journalists could lead to reluctance among reporters to cover protests, thereby diminishing public awareness and accountability (Bass, 42:11). She underscores the essential role of journalists in democratic processes, emphasizing that their suppression undermines fundamental First Amendment rights (Bass, 47:32).

Joel Simon echoes these concerns, stressing that the judiciary has upheld press freedoms through favorable rulings but acknowledges the inefficiency of the current system, which heavily relies on litigation rather than preventative measures (Simon, 36:18).

Notable Quotes

• Joel Simon: “The presence of the media is essential to dissent. It is the oxygen that gives protests life.” (McBrien, 02:47)

• Katie Glenn Bass: “These are First Amendment rights that are at play here. And so the ability of journalists to carry out their function in this context is critical to the full exercise and enjoyment of the broader First Amendment protections that are at the heart of American democracy.” (Bass, 44:20)

• Katie Glenn Bass: “It has become so common for protests to see a violent response. It's become so common for journalists to be arrested or physically injured covering protests that I really worry it's becoming normalized.” (Bass, 52:09)

Conclusion

The episode "Protests, the Police, and the Press" thoroughly examines the escalating challenges faced by journalists in protest environments, highlighting a disturbing trend of increased hostility and violence from law enforcement. Through detailed analysis and expert insights, the report Covering Democracy, Protests, Police, and the Press underscores the urgent need for systemic changes to protect press freedom. By adopting common-sense approaches, enhancing training, and enacting robust legal protections, the relationship between the police and the press can be recalibrated to support democratic accountability and transparency.

References:

• Transcription timestamps are indicated within the summary for direct quotes and specific points discussed.