BREAKING NEWS: AP, Media Fumble News Story

 

by Walter Brasch

 

On the Sunday before the final presidential debate, Mitt Romney and some of his senior staffers played a flag football game with members of the Press Corps on Delray Beach, Fla.

Ashley Parker of the Associated Press, apparently mistaking fashion reporting for news, reported that Mitt Romney was “wearing black shorts, a black Adidas T-shirt and gray sneakers.” Romney’s team, composed of senior campaign staff whom Parker identified, was “clad in red T-shirts.” She didn’t report what the members of the press wore, their names, or how many were on a team, but did acknowledge she “also played, winning the coin toss for her team, but doing little else by way of yardage accrual.” Yardage accrual? If this was Newswriting 101, and she put that phrase into a news story, there wouldn’t be one college prof anywhere in the country who wouldn’t have red-marked it, and suggested she stop trying to be cute.

Romney was a starter—we don’t know which position he played—made a “brief beach appearance” and left when “the game was in full swing,” possibly not wanting to get too mussed up by having to interact with commoners. There is so much a reporter could have done with Romney’s failure to finish the game, but didn’t. Parker, however, did tell readers breathlessly awaiting the next “factoid” that Ann Romney “made a brief appearance . . . after cheerleading from the sidelines.” She was protected by the Secret Service who served as the offensive line, undeniably allowing her to take enough time to do her nails, brush her hair, put on another coat of makeup for the AP camera, and then throw a touchdown pass to tie the game at 7–7. At 14–14, the game was called because, reported Parker, “Mr. Romney’s aides needed to get to debate prep, and the reporters had stories to file.” Obviously, stories about a beach flag football game on a Sunday afternoon was critical enough breaking news to stop the game and breathlessly inform the nation.


Amidst the sand, Parker reported, “There is a long history of candidates and their staff members occasionally interacting with reporters on a social level.” She referred to a couple events during the 2008 campaign; Sen. Barack Obama played Taboo with reporters; Sen. John McCain hosted a barbeque for the media. Those facts alone should have kept any alert comedy writer, satirist, or political pundit in material for the next four years.

A beach football game between politician and press may seem innocent enough—a couple of hours of fun to break the stress of a long, and usually annoying, political campaign. But there’s far more than flags pulled from shorts.
Reporters who socialize with the power elite—and this happens far more than it doesn’t happen—often fail to do their primary job: challenge authority, as the Founding fathers so eloquently asked. It wasn’t White House reporters who broke the Watergate story that eventually led to the resignation of Richard Nixon, it was two police reporters at the Washington Post, who took abuse heaped upon them by the White House reporters and hundreds of others, including some of their own newspaper, for going on what was called a vindictive witch hunt.  It was the media who proved they were better stenographers than reporters who dutifully chowed down whatever crumbs they were fed by the Bush–Cheney administration, and seldom questioned why the U.S. was invading Iraq. A few from the major media and many from the alternative press who did question authority were dismissed as mere gadflies. It was the sycophantic press that also didn’t question the destruction of civil liberties by the passage of the PATRIOT Act.
Against policy wonk/environmentalist Al Gore in 2000, Americans said they would rather have a beer with George W. Bush. Many of the press did have beers with candidate Bush, who once invited the media onto his ranch to watch him shoot and then barbeque pigeons for a group barbecue.

Every year in the nation’s capital is a high society event, the “Gridiron dinner.” Everyone—politicians, members of the press, and a horde of actors and singers—dress up in ball gowns and white-tie tuxedos to drink and schmooze. When it isn’t Gridiron Season, there’s all kinds of social events at all kinds of places that reporters just have to attend in order to get their stories, they simplistically justify.

Sports reporters who are too close to the teams or the sports they cover are derisively known as “homers,” not for Homer Simpson, who some of them act like, but because they favor the home team. Entertainment reporters and arts critics feel important because publicists will often go to extraordinary lengths to get them face-time with celebrities. To prove how “independent” they are, some, who have no discernible creative talent, will write snarky columns about celebrities and their works, thinking they are clever rather than the pompous self-aggrandizing jerks they really are. Many in the media—especially those in television and the print reporters who often do TV talk-show commentaries—probably should drop the pretense they’re journalists and just accept the appellations that they are celebrities.

It isn’t just reporters who cover national stories who get too close to their sources. There are now state and metropolitan gridiron dinners. At a local level, Reporters who cover the police and city council are often on a first-name basis with their sources. Even if they honestly believe they are objective, and will knock down lies and deceptions, they often don’t. They believe they need these sources to get more news, and are afraid that if they become too tough, the news, which is fed to them, will somehow dry up. They often accept “background” and “off-the-record” comments, which they never report or attribute, because somehow it makes them feel that they, unlike their readers of a lesser level, are “in the know.” And yet, every reporter will swear upon a stack of style manuals that he or she is objective and independent.

Don’t believe that? Put yourself in the position of being a reporter. You’re sitting at your desk in the bullpen of a newsroom, now decimated by layoffs. In walks a man in a three-piece suit and a woman in fashionably-acceptable skirt, blouse, blazer, and two-inch heels. They have a story to tell. Now, you may think that because they are PR people or middle-management executives for a large corporation, they are suspect to begin with, but they, like you, are college graduates; they are eloquent; they have a news release with the story laid out. Want anything else? They’re more than pleased to get it for you.

Now, the next day, while walking outside your office, a bag lady accosts you. She’s wearing little more than rags. Her hair is unkempt; her breath stinks. It’s doubtful she was ever a sorority president. “You a reporter?” she barks, knowing that if you’re wearing jeans, a nice but not expensive shirt and a tie you probably aren’t a corporate executive or big-shot politician. She wants to tell you a story—something about a corporation that did something very unethical and possibly illegal. You’re running late to your appointment with a physical trainer who has promised to keep you fit and attractive. You just want to get past this obstacle.

Who do you relate to? Those who look, act, and think more like you—or those who you probably wouldn’t have a drink with after work?

Don’t expect the media to stop having social encounters with their sources; it will never happen. But, do expect that maybe some will heed the call of the Founding Fathers and be independent of the sources they are expected to cover.

[Walter Brasch spent more than 40 years as a journalist and university professor, covering everything from local school board meetings to the White House.  He is currently a syndicated columnist and book author. He acknowledges that in his early 20s he was enamored by being at the same parties as the “power elite,” but quickly got over it, and has been fiercely independent from the power-elites, including the power-media, whether at local, state, or national levels. His current book is the critically-acclaimed Before the First Snow: Stories from the Revolution.]

           

 

 

 

BREAKING NEWS: AP, Media Fumble News Story

 

by Walter Brasch

 

On the Sunday before the final presidential debate, Mitt Romney and some of his senior staffers played a flag football game with members of the Press Corps on Delray Beach, Fla.

Ashley Parker of the Associated Press, apparently mistaking fashion reporting for news, reported that Mitt Romney was “wearing black shorts, a black Adidas T-shirt and gray sneakers.” Romney’s team, composed of senior campaign staff whom Parker identified, was “clad in red T-shirts.” She didn’t report what the members of the press wore, their names, or how many were on a team, but did acknowledge she “also played, winning the coin toss for her team, but doing little else by way of yardage accrual.” Yardage accrual? If this was Newswriting 101, and she put that phrase into a news story, there wouldn’t be one college prof anywhere in the country who wouldn’t have red-marked it, and suggested she stop trying to be cute.

Romney was a starter—we don’t know which position he played—made a “brief beach appearance” and left when “the game was in full swing,” possibly not wanting to get too mussed up by having to interact with commoners. There is so much a reporter could have done with Romney’s failure to finish the game, but didn’t. Parker, however, did tell readers breathlessly awaiting the next “factoid” that Ann Romney “made a brief appearance . . . after cheerleading from the sidelines.” She was protected by the Secret Service who served as the offensive line, undeniably allowing her to take enough time to do her nails, brush her hair, put on another coat of makeup for the AP camera, and then throw a touchdown pass to tie the game at 7–7. At 14–14, the game was called because, reported Parker, “Mr. Romney’s aides needed to get to debate prep, and the reporters had stories to file.” Obviously, stories about a beach flag football game on a Sunday afternoon was critical enough breaking news to stop the game and breathlessly inform the nation.


Amidst the sand, Parker reported, “There is a long history of candidates and their staff members occasionally interacting with reporters on a social level.” She referred to a couple events during the 2008 campaign; Sen. Barack Obama played Taboo with reporters; Sen. John McCain hosted a barbeque for the media. Those facts alone should have kept any alert comedy writer, satirist, or political pundit in material for the next four years.

A beach football game between politician and press may seem innocent enough—a couple of hours of fun to break the stress of a long, and usually annoying, political campaign. But there’s far more than flags pulled from shorts.
Reporters who socialize with the power elite—and this happens far more than it doesn’t happen—often fail to do their primary job: challenge authority, as the Founding fathers so eloquently asked. It wasn’t White House reporters who broke the Watergate story that eventually led to the resignation of Richard Nixon, it was two police reporters at the Washington Post, who took abuse heaped upon them by the White House reporters and hundreds of others, including some of their own newspaper, for going on what was called a vindictive witch hunt.  It was the media who proved they were better stenographers than reporters who dutifully chowed down whatever crumbs they were fed by the Bush–Cheney administration, and seldom questioned why the U.S. was invading Iraq. A few from the major media and many from the alternative press who did question authority were dismissed as mere gadflies. It was the sycophantic press that also didn’t question the destruction of civil liberties by the passage of the PATRIOT Act.
Against policy wonk/environmentalist Al Gore in 2000, Americans said they would rather have a beer with George W. Bush. Many of the press did have beers with candidate Bush, who once invited the media onto his ranch to watch him shoot and then barbeque pigeons for a group barbecue.

Every year in the nation’s capital is a high society event, the “Gridiron dinner.” Everyone—politicians, members of the press, and a horde of actors and singers—dress up in ball gowns and white-tie tuxedos to drink and schmooze. When it isn’t Gridiron Season, there’s all kinds of social events at all kinds of places that reporters just have to attend in order to get their stories, they simplistically justify.

Sports reporters who are too close to the teams or the sports they cover are derisively known as “homers,” not for Homer Simpson, who some of them act like, but because they favor the home team. Entertainment reporters and arts critics feel important because publicists will often go to extraordinary lengths to get them face-time with celebrities. To prove how “independent” they are, some, who have no discernible creative talent, will write snarky columns about celebrities and their works, thinking they are clever rather than the pompous self-aggrandizing jerks they really are. Many in the media—especially those in television and the print reporters who often do TV talk-show commentaries—probably should drop the pretense they’re journalists and just accept the appellations that they are celebrities.

It isn’t just reporters who cover national stories who get too close to their sources. There are now state and metropolitan gridiron dinners. At a local level, Reporters who cover the police and city council are often on a first-name basis with their sources. Even if they honestly believe they are objective, and will knock down lies and deceptions, they often don’t. They believe they need these sources to get more news, and are afraid that if they become too tough, the news, which is fed to them, will somehow dry up. They often accept “background” and “off-the-record” comments, which they never report or attribute, because somehow it makes them feel that they, unlike their readers of a lesser level, are “in the know.” And yet, every reporter will swear upon a stack of style manuals that he or she is objective and independent.

Don’t believe that? Put yourself in the position of being a reporter. You’re sitting at your desk in the bullpen of a newsroom, now decimated by layoffs. In walks a man in a three-piece suit and a woman in fashionably-acceptable skirt, blouse, blazer, and two-inch heels. They have a story to tell. Now, you may think that because they are PR people or middle-management executives for a large corporation, they are suspect to begin with, but they, like you, are college graduates; they are eloquent; they have a news release with the story laid out. Want anything else? They’re more than pleased to get it for you.

Now, the next day, while walking outside your office, a bag lady accosts you. She’s wearing little more than rags. Her hair is unkempt; her breath stinks. It’s doubtful she was ever a sorority president. “You a reporter?” she barks, knowing that if you’re wearing jeans, a nice but not expensive shirt and a tie you probably aren’t a corporate executive or big-shot politician. She wants to tell you a story—something about a corporation that did something very unethical and possibly illegal. You’re running late to your appointment with a physical trainer who has promised to keep you fit and attractive. You just want to get past this obstacle.

Who do you relate to? Those who look, act, and think more like you—or those who you probably wouldn’t have a drink with after work?

Don’t expect the media to stop having social encounters with their sources; it will never happen. But, do expect that maybe some will heed the call of the Founding Fathers and be independent of the sources they are expected to cover.

[Walter Brasch spent more than 40 years as a journalist and university professor, covering everything from local school board meetings to the White House.  He is currently a syndicated columnist and book author. He acknowledges that in his early 20s he was enamored by being at the same parties as the “power elite,” but quickly got over it, and has been fiercely independent from the power-elites, including the power-media, whether at local, state, or national levels. His current book is the critically-acclaimed Before the First Snow: Stories from the Revolution.]

           

 

 

 

The Sanctimonious Scavengers of the Penn State Scandal

 

by WALTER BRASCH

 

There is nothing the media love more than a good celebrity sex scandal.

Since the story of Scarlett Johansson’s purloined nude pictures had run its course, and the media squeezed every drop of ink it could from the Kim Kardashian/Kris Humphries engagement/wedding/marriage/divorce, they had to find something else to feed the beast with the insatiable appetite.

Something else was Penn State. Neatly packaged for the media was the trifecta of what passes as journalism—sex, scandal, and celebrity. And so the media circus rolled into State College, salivating at their good fortune.

The “sex” part of the story was that Jerry Sandusky, former defensive coordinator of the Nittany Lions, was accused of 21 felony counts of sexual abuse of boys. A 23-page Grand Jury report, released Nov. 4 following a drawn-out three-year investigation, detailed some of the specifics. However, this story, no matter what the media say it is, is not about sex. It is about child molestation, child abuse, and endangering the welfare of a child. Big difference.

The “scandal” is that it appeared that high-ranking Penn State officials, although they restricted Sandusky’s access to campus, didn’t contact police or child protection services, possibly believing they were protecting the university’s image.

The “celebrity” part is Joe Paterno, who listened to a graduate assistant who says he saw an act of sodomy by Sandusky, and then, disgusted by what Sandusky may have done, reported it the athletics director and senior vice-president for administration. Paterno met his legal responsibility, and isn’t under any criminal investigation. Questions to Paterno in court would probably result in the defense objecting to hearsay testimony since Paterno never witnessed the act.  

Almost every Pennsylvania TV station and dozens of networks sent camera crews into State College. As the number of TV crews increased, the quality of reporting sank, as almost every on-air reporter seemed to feel a need to ask even dumber questions and make dumber statements than every other reporter. These are the TV stations that send camera crews to out-of-town football games, Spring training in Florida, and bowl games, yet have downsized their news staff, plead economic poverty, and failed to adequately cover critical news stories. In Pennsylvania, it has meant little original reporting about conflict-of-interest and ethics scandals in the state legislature. Sports, apparently, is “sexy”; the public’s money and legislature integrity aren’t.

These are the same members of the media who for many of Paterno’s 46 years as head coach had filed stories that he should step down after any two losses in a row, or during a losing season, or even a season that didn’t have enough wins. The media had also layered comments that Paterno was everything but senile, that he was too old to be coaching. But, Paterno, known in the media as “JoePa,” kept winning, and kept demanding academic and athletic excellence in addition to moral integrity from his players. The university’s library, not any of its athletic buildings, is named for him. America’s best-known coach was building not a place for future NFL stars, but a place where college students could supplement their education to become productive members of society. His graduation rate is among the highest in Division I athletics.

However, based upon the amount of newsprint and air time given to this story, you would swear that Paterno was guilty, arrested, and probably already convicted. The media almost forgot about Sandusky as they began piling on to Paterno. Six column headlines and five minute network stories dominated the news agenda. Like sharks, they smelled blood and circled their prey, a towering figure about to be toppled. With little evidence, these sanctimonious scavengers called for one of the most ethical and inspirational coaches and professors to resign, claiming he didn’t do enough, that he should have personally called the police rather than follow established protocol.

.Many of the media horde, who had never written any story about Penn State’s excellent academic and research programs, soon began pumping out ludicrous statements that Penn State’s reputation would be tarnished for years. Despite their self-righteous denials, the screeching of “Joe Must Go” in one-inch bold black headlines undoubtedly influenced the university’s board of trustees, which was constantly proving that incompetence isn’t just a media trait. Their attitude seemed to be not whether what Paterno did was a terminable offense, but that to terminate him would somehow save the university’s tarnished reputation—and maybe preserve the value of their own luxury seats at Beaver Stadium.

On Wednesday, Nov. 9, three days before the Penn State/Nebraska game, which was to be the last home game of the season, the Trustees, with a push from Gov. Tom Corbett, fired Paterno, thus justifying all the ink and air time spent by the media that seemed distracted from the real story—Sandusky, not Paterno, was arrested.

That night, thousands of students staged a demonstration of support for Paterno. The media called it a riot and almost universally condemned the students for exercising a First Amendment right of peaceful assembly and freedom of speech. What little damage done—the highest estimate was about $20,000—was by a relatively small number of participants.

On game day, the media camped in front of Paterno’s house. ESPN coverage of the game, which drew about twice as many viewers as expected, was constantly punctuated by the “scandal,” and what Paterno did and didn’t do. Tragedy had suddenly become a sport.

Contributing to the media’s shameful performance were mountains of crocodile tears, dripping with moral indignation. Had the media spent even a tenth of the time before the Penn State scandal to publish and air stories about child welfare problems, and what could be done to protect the most vulnerable of society, their myriad comments would have been credible.

In contrast to the masses, several reporters did credible reporting, including the hometown Centre Daily Times. But the best reporting might be that of Sara Ganim, who had begun her investigation first at the Centre Daily Times before moving to the Harrisburg Patriot-News. Three years after graduating from Penn State, she broke the story in March that the Grand Jury was investigating Sandusky and others. Her story at the time didn’t get much traction. But, for several months she meticulously gathered facts and wrote news, not opinion and speculation, which dominated the work of many of her colleagues, many of whom showed they were incapable of even reaching the journalistic standards of reporting at the National Enquirer.

Perhaps Joe Paterno should have done more; perhaps he should have called the police or at least followed-up with his earlier concern. But, we don’t know yet the facts.

One concern remains. Today, these Monday Morning Quarterbacks of the media and a pack of largely anonymous self-righteous fans all say that unlike Paterno they would have done “the right thing.” How many, if faced by the same set of circumstances, would have done “the right thing” a month ago?

 [Dr. Brasch had begun his journalism career as a sports writer and sports editor before moving into public affairs/investigative journalism. He is an award-winning syndicated columnist and retired journalism professor. His latest of 17 books is Before the First Snow, a story of the counter-culture.]

 

 

Former Editor Sues Philadelphia Police for Constitutional Violations in Her Arrest

 

 

 

by WALTER BRASCH 

 

A former managing editor for the online newspaper, OpEdNews, has sued the city of Philadelphia and eight of its police officers for violating her Constitutional rights.

Cheryl Biren-Wright, Pennsauken, N.J., charges the defendants with violating her 1st, 4th, and 14th amendment rights. The civil action, filed in the U.S. District Court, Philadelphia, is based upon her arrest during a peaceful protest Sept. 12, 2009, at the Army Experience Center (AEC) in the Franklin Mills Mall.

According to the complaint, Biren-Wright, who was not a part of the demonstration but at the mall as a reporter-photographer, was arrested and charged with failure to disperse and conspiracy, second degree misdemeanors. The charges were subsequently dropped by the Philadelphia district attorney.

The Philadelphia police also arrested and charged six protestors with conspiracy and failure to disperse—Elaine Brower, 55, New York, N.Y.; Richie Marini, 35, Staten Island, N.Y.; Joan Pleune, 70, Brooklyn, N.Y.(one of the original Freedom Riders in 1961); Beverly Rice, 72, New York, N.Y.; Debra Sweet, 57, Brooklyn, N.Y.; and Sarah Wellington, 26, Piermont, N.Y. Two months after Biren-Wright’s case was dropped, the six protestors were found not guilty in Philadelphia Municipal Court.

Paul J. Hetznecker, who represented the six defendants in the criminal trial, and Biren-Wright in her civil suit, believes that police over-reaction to protestors, as well as their lack of knowledge or appreciation for Constitutional protections, may be “a systemic problem throughout the country.” Hetznecker says under Constitutional and state law, “There can not be an arbitrary and capricious decision to end the civil rights of the protestors.”

The civil suit complaint charges that police violated Biren-Wright’s First Amendment rights to “gather information . . . to cover a matter of public interest including the law enforcement activity in public places.” Actions by the police deprived her of 4th and 14th amendment rights that, according to the complaint, protect against “unreasonable search and seizure,” “loss of physical liberty,” and “freedom from excessive use of unreasonable and justified force.”

The suit lists six separate counts:

          ● Abridgement of her rights under the First Amendment to observe and record news in a public place.

          ● False arrest and imprisonment

          ● Use of excessive force by the police.

          ● False arrest under state law

          ● Common Law Assault under state law

          ● Failure of the City of Philadelphia to adequately train and supervise its police. The complaint charges that because of accepted practices, the defendants may have believed “that their actions would not be properly investigated by supervisory officers and that the misconduct would not be investigated or sanctioned, but would be tolerated.” The policy, according to the complaint, “demonstrates a deliberate indifference on the part of the policymakers of the City of Philadelphia, to the constitutional rights of persons within the City, and were the cause of the violations of the Plaintiff’s rights. . . .”

Named in the suit in addition to the City of Philadelphia are Lt. Dennis Konczyk, officers Tyrone Wiggins, John Logan, Robert Anderson, Donald West, William Stuski, and two unnamed John Does.

The Philadelphia Police Department refused to comment about the suit as a matter of policy regarding “issues in court,” according to Jillian Russell, Department spokesperson.

 

In August 2008, the Army opened the AEC, a 14,500 square foot “virtual educational facility” with dozens of video games. The Center, deliberately located near an indoor skateboard park, replaced five more traditional recruiting offices, and was designated as a two-year pilot program. The initial cost was $12 million.

Army recruiters could not actively recruit children under 17, but could talk with the teens and answer any of their questions about the Army. Among the virtual games was one in which children as young as 13 could ride a stationary Humvee and shoot a simulated M-16 rifle at life-like video images of Muslims and terrorists.

Because of the emphasis upon war, and a requirement that all persons had to sign in at the center, thus allowing the recruiters to follow-up as much as four or five years later, peace activists began speaking out against the AEC.

To counter what was quickly becoming a public relations problem, the Army sent out news releases, picked up by the mainstream media, and established a full social media campaign to explain the “benefits” of the AEC. The protests continued.

Elaine Brower, whose son was in Iraq on his third tour of duty, told OpEdNews a day after her arrest: “The AEC is giving guns to 13-year-olds, drawing them in with violent video games. As more and more Afghan civilians and U.S. military are being killed in the U.S. occupation of Afghanistan, we’re saying ‘no’ to these wars. We’ve got to stop the flow of youth into the military, where they're being used to commit war crimes in our name.”

With a police permit, and escorted by officers from Philadelphia’s Civil Affairs Unit, about 200–250 protestors—most of them middle-aged or senior citizens, many of them veterans—had come to the AEC, believing their First Amendment rights were being protected. The protest, although noisy at times, was peaceful; the counter-demonstration wasn’t.

According to the complaint, “The counter-demonstrators [members of an organization known as The Gathering of Eagles] yelled, jeered and taunted the AEC protestors. At no time did [the police] direct, or attempt to limit the First Amendment activities of the counter-demonstrators,” nor were they ever told to disperse.

Throughout the demonstration, the protestors had not given any indication that they posed any physical threat to others. However, about 45 minutes after the demonstration began, the police, under direction of Lt. Konczyk, ordered the protestors to disperse.

At that point, Biren-Wright, according to the complaint, “placed herself outside the immediate area . . . so as not to interfere with the police activity.” She continued to photograph and report on the demonstration. The complaint charges that Lt. Konczyk, “without just cause or legal justification,” directed several officers to arrest her, walking past several protestors and counter-demonstrators. She says she told the officers she was a member of the press. At no time, she says, did she participate as a demonstrator nor verbally or physically threaten anyone. The officers, says Biren-Wright, arrested her without any warning. The arresting officer’s “degree of anger—he was clearly red-faced—was inappropriate,” she recalls. The police, says Biren-Wright, “were clearly targeting me, trying to keep me from recording the demonstration and their reactions.”

One officer, says Biren-Wright, “unnecessarily twisted my arm.” Another officer seized her camera and personal items. One of the officers put plastic cuffs on her wrists “so tight that it caused significant pain, swelling and bruising, and an injury that lasted for several weeks,” according to the complaint.

Biren-Wright’s 15-year-old daughter was shopping in the mall during the protest, but had reunited with her mother shortly before the arrests. Her daughter, says Biren-Wright, “came closer upon the arrest and I told the officer she was my daughter and a minor and would be alone.” The officer, says Biren-Wright, snapped, “You should have thought of that before.” At the processing center that police had previously set up at the mall, Biren-Wright told several officers that he r daughter was alone in the mall and was from out of state. “None of them did anything to ensure her safety,” she says. The daughter, unsupervised, eventually found Rob Kall, OpEdNews editor, who drove her to the jail to take her mother’s keys and then drove her home, where she spent the night alone.

Outside the mall, counter-protestors shouted obscenities as those arrested boarded the police bus. “They were standing at the door to the bus,” says Biren-Wright, “and posed a safety issue to us since we were in handcuffs.”

The six who were arrested and Biren-Wright were initially taken to the 15th District jail. Richie Marini, the lone male arrested, was kept at the district jail. The six women were transferred to the jail at the jail of the Philadelphia Police headquarters, known by locals as the “Roundhouse,” where a nurse took each woman’s vital signs and asked if there were any injuries. “I showed him my wrist and thumb that were already red and swollen” from the restrictive handcuffs, says Biren-Wright. His response, she says, was “That doesn’t count.”

Biren-Wright, along with the other five women, was held for 14 hours. At 5 a.m., she says, they were released from the “Roundhouse” onto a dark and barren street—there were no taxis anywhere near—and locked out of the police station. Although the women had cell phones, they had not been allowed to call for rides while in the jail area. Outside, they called friends, but waited until help arrived. Marini was released from the district jail later that morning.

The only reason Biren-Wright’s pictures of the demonstration survived is because she had secretly removed the memory chip during the arrest. When the camera was finally returned, “all of the settings were messed up and the lens was not replaced properly.”

The Army closed the AEC at the end of the pilot program. It had claimed that because of increased enlistments nationwide, the Center was no longer needed. It never acknowledged that the protestors and the public reaction may have been a reason for the closing.

In an unrelated case, the U.S. Court of Appeals for the Third Circuit ruled in October 2010 [Kelly v. Borough of Carlisle] that recording police activity in public places is protected by Constitutional guarantees. This month, the ACLU settled a case, for $48,500, in Pittsburgh when a University of Pittsburgh police officer arrested Elijah Matheny and charged him with felony violation of the state’s Wiretap Act for using a cell phone to record police activity. Matheny spent a night in jail following his arrest. [See: Matheny v. County of Allegheny, et al.] The ACLU charged that the district attorney’s office “had engaged in a pattern of erroneously advising law enforcement that audio taping police officers in public violates Pennsylvania’s Wiretap Act.” Following the Third Circuit’s decision in the Kelly case, a conviction against Matheny is expected to be overturned.

The arrests in Philadelphia, Carlisle, and Pittsburgh underscores two major problems, both prevalent throughout the country. The first problem is a lack of understanding and respect for the Constitution by a large number, although not a majority, of police officers. For that reason, all police forces and district attorneys offices, from small isolated rural communities to the largest urban departments, need to have constant education about civil rights and Constitutional guarantees—and the penalties for violating those rights.

The second major problem is inherent within the mass media. Reporters need to know how and when to challenge authority to protect their own and the public’s rights. A camera crew from the PBS “Frontline” series was at the protest, but abruptly stopped recording the demonstration after Brower was arrested and either before or during Biren-Wright’s arrest. Rob Kall later said that a member of the “Frontline” crew told him the police informed them they would be arrested if they continued to film the demonstration.

Police threats, which violate Constitutional guarantees, place a “chilling effect” upon the media to observe and record actions by public officials. Even without a direct order by a public official, reporters may do what they perceive to be what others want them to do. The media, like police and public officials, also need constant education to know when police orders are lawful and when they are not. An order to move away from a scene may be lawful. An order to stop filming a scene upon threat of arrest is not.

In federal court, in the case of Biren v. City of Philadelphia, et al., these issues, and others, will be raised. But had there been an understanding of the Constitution by the police, the case would never have gotten to the point of a federal civil suit.

 [Walter Brasch is a former newspaper and magazine reporter and editor. He is author of 17 books, the most recent one Before the First Snow: Tales from the Revolution, journalistic fiction about the counter-culture as seen through the eyes of a “flower child” and the reporter who covered her story for three decades.]

 

 

Downsizing Newspapers and Pretending to Improve Quality

Newspaper owners have already "maximized profits" by low salaries and minimal benefits, giving veteran reporters "involuntary terminations," significantly reduced employee education programs, cut the number of pages, reduced the page size, and increased the use of material provided by syndicates rather than local news staff. And now they wonder why no one wants to read their newspapers.

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