We have all seen the videos of Rodney King’s beating in Los Angeles, Oscar Grant’s death at the BART station in Oakland, Anthony Graber’s arrest for videotaping his own arrest in Maryland, and other “caught on video” scenes with public officials behaving outside the law or violating the rights of citizens. The question brought before the US 1st Circuit Court of Appeals, is simple – is filming a public official in the performance of their duties a right guaranteed us under the 1st amendment of the US Constitution?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (1st Amendment, US Constitution)
On 26 August the US Court of Appeals issued their opinion, following a suit filed by the ALCU on behalf of Simon Glik, a citizen arrested on 1 October 2007 for filming a Boston Police take down of a man in Boston Commons. Glik was standing in a public location, at least 10 feet away from the officers, when suspicion of excessive use of force prompted him to film the incident with his cell phone. A Boston police officer challenged Glik on whether he was capturing audio with his film, and upon admitting he was, the officers arrested Glik under Massachusetts wiretap statute.
It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws “abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, “the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.”
…An important corollary to this interest in protecting the stock of public information is that “[t]here is an undoubted right to gather news ‘from any source by means within the law.’”
The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles.
Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” (Case 10-1764)
This is a major win for citizens, and citizen journalists. With “mainstream” media such as CNN recruiting “iReporters” for their broadcasts, it is a clear message to the world traditional journalists cannot adequately cover world events, and citizen journalists have a role in filling coverage gaps during rapidly evolving events.
While we can acknowledge police officers and public officials will not always warmly embrace embrace this decision, it is the law.
Why it is Important to Support Citizen Journalism and the Right to Record Events
National and local newspapers are rapidly closing due to either mismanagement (the owners did not see the radical changes prompted by the digital age), bankruptcy, or combinations of both dynamics. The “Newspaper Deathwatch” website highlights the major newspapers that have closed in the past five years, and those which have either announced their demise or change to an all digital format.
With the loss of newspapers, the media industry is also losing experienced reporters, creating major shortfalls in coverage of public events (such as city hall meetings, school board meetings, etc), as well as incidents and events occurring within the community (such as accidents, fires, weather-related news, etc).
Among the more well-known sites which have closed or changed formats are:
- Honolulu Advertiser (closed and merged with the Star-Bulletin)
- Rocky Mountain News
- Cincinnati Post
- Baltimore Examiner
- Seattle Post-Intelligencer
- Detroit News/Free press
- Christian Science Monitor
This means local news sources are becoming more scarce, depriving citizens of knowledge related to their local community. The digital age supports gathering and recovering that knowledge, primarily through user generated content. An emerging trend in news gathering and presentation is through hyper-local web sites focusing on individual communities or geographies. As many startup hyper-local media sources are self-funded or lacking ample startup funding, the editors and owners do rely on citizen generated content to provide news to readers.
The US Court of Appeals in their decision on recording public officials and police have fortunately accepted and understood the changing technologies and media environment, acknowledging citizens recording events are protected under the Bill of Rights, and those citizens are also protected from illegal arrest, search, or seizure of their media.
NOTE: Attempts to contact the public affairs/information officer (PIO) at several Los Angeles area police departments were unsuccessful. If the PIOs do eventually respond, we will update the blog with that response. This is not meant to degrade the professionalism or courage of police officers, rather it is meant to highlight citizen rights under the 1st and 4th amendments under the US Constitution’s Bill of Rights.
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Over the past three years I’ve added study of citizen journalism to my collection of hobbies. One of those subjects where it is understood you may never make a penny income for your labors, but a lot of fun to learn and appreciate the skills of written and photo journalism, and the role non-professional citizens have in extending the reach of “mainstream” journalism.
Following dozens of writing classes, journalism courses, a couple hundred blog articles, and hours of online seminars via podcasts from sources such as the Columbia School of Journalism, I decided to take stock of what I have learned, and what value this “hobby” has brought to my life.
In military we are taught to develop a sense called “situational awareness.” This developed sense builds skills in seeing, categorizing, understanding, and evaluating your surroundings. Of course this is valuable when put in an environment potentially presenting danger allowing a soldier to quickly understand threats, opportunities, avenues of attack, avenues of escape, and all other things that allow the soldier to stay alive while meeting his objectives.
Having gone through my three year refresher course of journalism and citizen journalism appreciation training, I find the most striking lesson is the situational awareness journalists need to develop and employ in their jobs. it is not enough to simply go to a city council meeting and record conversations, the journalist needs to become one with their environment, and take a Gestalt view of surrounding activities as a situation or event develops.
The basic who, why, what, when, where, and how questions force a journalist to collect information, classify information, evaluate information, and present information in a manner which will be understood by their target audience.
Then, we have the material or content to present either a raw view (in the case of a citizen journalist), or a view with context for others to understand an event that will now become a record in history.
But What if I am Not a Journalist?
Actually, we are all journalists. We all write reports, record performance, produce statistics, evaluate opportunities, and keep the “books.”
In business those who develop exceptional situational awareness are able to more quickly evaluate opportunities, threats, risks, and their environment. However we can get lazy, often relying on routine and past experience when making decision in a rapidly changing world.
A study in journalism has taught me to go back to those lessons learned in the military, and to establish better discipline in applying the “5Ws” and “H” principle of journalism to daily life. Our business lives require constant decision making, and more informed decision will statistically beat “gut” reactions. Nothing wrong with a gut reaction, but decisions made on an “informed” gut reaction will likely yield a better result.
It is All About Discipline
I have to add a note of appreciation to my recent instructors, including Ms. Susan Cormier, head coach at the National Association of Citizen Journalists (NACJ). A citizen journalist, blogger, or business person rarely has the opportunity to receive a detailed writing critique from a qualified editor. Going back to school, and receiving that neutral evaluation of your work will not only humble a bit or personal arrogance, but also ensure your writing is clear, to the point, and focuses on facts.
Whether it is enhancing your interview skills, grammar skills, organization skills, or simply using creativity to come up with new ideas, the discipline of journalism can only make your product better.
I strongly encourage all readers and writers to go back to Writing 101, Journalism 101, and business communications. Through the magic of Internet, most of this can be yours without cost. Why not?
Citizen Journalists come in two major categories. The first is an accidental journalist, or a person who just happens to be at the scene of an event. This person will record the event, or portions of the event, for later analysis by potentially a global audience. The second are those who intentionally seek out events, and provide their own analysis (along with raw source materials) of events. This person will often act as a “non-credentialed” alternative to “professional” journalists. Let’s call them “Enthusiast Citizen Journalists.”
Through the magic of an Internet-connected world, now even citizen journalists have resources available online to bring more training to supplant their efforts, bringing much more credibility to the blogging and user-provided news content community.
In the era of print journalism, much of the content form was driven by available space, as well as being influenced by advertising. Newspapers and news magazines had strict rules on fact checking, form, style, and story structure. Blogging and Internet news sources, given the nature of computer screens, real-time updates, and global access forced change in how media is gathered, managed, and presented.
However the publisher’s intent remains the same – present the news in a format that will grab a reader’s attention, keep them reading, and sell advertising. Oh, and keep the reader coming back for more…
The Citizen Journalist and Online Media
Citizen Journalism changes the rules. Now, anybody who can figure out the basics of WordPress or Blogger is a publisher. With several million people already blogging in some form, that is a lot of “stuff” for the Internet-enabled community to slog through in an attempt to discover useful information. it is increasingly difficult to discriminate between fact, opinion, propaganda, or simply the bizarre ramblings of a chemically-enhanced former actor’s mind.
There is good news. The “old” publishing industries and broadcast media have started embracing the idea that both accidental journalists and enthusiast journalists have not only a role to play, but are now being accepted as offering valuable contributions to the news industry. This is very apparent when you watch broadcast news, look at online news sources, or even print media. Nearly every news organization actively solicits input from citizens, whether on-the-scene reports via Skype, or simply uploading pictures and videos to a web site.
However until this point the “old” media has used citizen input as a raw news source, normally providing analysis and commentary on the citizen-provided materials with “professional” journalists.
Training the Citizen Journalist, and Gaining Credibility at the Source
Nearly every university has at least one course introducing concepts of journalism. However in the old days (pre ~2010) there was little incentive or justification for taking much more than an introductory course in journalism – unless of course you were planning a career in the journalism industry. Now, in a world of social media, online everything, blogging, and complex corporate websites, nearly everybody who works is starting to see the need to understand how to think and write at a level which can be understood by a global-connected audience.
Management sections at bookstores (those few remaining) have a large shelf dedicated to the theory of selling yourself, your company, and your future through the Internet. There is a strong message to professionals that emphasizes the need to “publish” expertise through blogs and online media.
Then we have the enthusiast citizen journalist (ECJ). Armed with a digital camera, digital voice recorder, laptop computer, and desire to seek out events (and record them…), the ECJ wants to fill in the gaps left when traditional news media edits or determines what the reader/viewer community needs to know. However, the bad part is few ECJs actually have enough training to present their stories in a way average readers or viewers can accept or absorb.
To help meet this need, the educational community, and news media community have started providing good quality training online to ECJs that will help bring a much higher levels of quality and form to blogs and ECJ-provided content.
Much of the online training is very citizen journalist aware, much of it is trying to push a “round citizen journalist peg” into a “square traditional journalism hole.” In either case the training gives each potential ECJ, or even professional striking out into the blogging world a refresher course in writing for an audience. All network-enabled writers need reminders and practical exercises on how to gather, present, and explain events. All ECJs and bloggers need to know how to create a feature or story allowing not only presentation of an idea, but also to allow for opinion and editorial – without generating low-value noise.
If you are an aspiring ECJ, professional who needs to provide a blogging presence, or simply want to explore the technique and craft of new media journalism, take a look at some of the following training resources. Some are free, some are not.
- Knight Citizen News Network. The Knight Citizen News Network is a self-help portal that guides both ordinary citizens and traditional journalists in launching and responsibly operating community news and information sites.
- Poynter News University. Poynter is a school that exists to ensure that Americans have access to excellent journalism—the kind of journalism that enables us to participate fully and effectively in our democracy.
- Journalism Training Org. A directory of local training venues.
- National Association of Citizen Journalists. NACJ membership and training empowers citizen journalists for the exciting task of discovering, writing and reporting news with a level of professionalism that was once the standard in major media outlets.
Lots more available via a Google search…
And, of course we’d expect the academic community to embrace the potential given to us through Internet-enabled technologies, and further diffuse online journalism training into the educational curriculum for students, better preparing the next generations to fully exploit the power of images, videos, and words.
With all types of citizen journalism, the global community will have much greater access to unfiltered events either as they happen, or shortly afterward. Nearly every person on the planet has the ability to be an accidental citizen journalist, and most of us the ability to become an ECJ. In the past our quality of reporting has often been marginal, but in the future we will evolve, through training, to better meet the challenges and opportunities offered by a global audience.
Citizen journalism (also known as “public”, “participatory”, “democratic” or “street journalism”) is the concept of members of the public “playing an active role in the process of collecting, reporting, analyzing and disseminating news and information.” Wikipedia
On Wednesday, CNN frequently showed amateur videos, with a graphic that labeled them “unverified material.” It showed a YouTube video of the aftermath of an apparent raid at Tehran University. The video showed rooms that appeared to have been burned extensively. New York Times
Citizen Journalism took on a very clear role this week as the Iranian government continued to deport journalists admitted with temporary visas (to cover the Iranian elections). As western journalists were told reporting on the demonstrations and protests against perceived election fraud was illegal (“We warn those who propagate riots and spread rumors that our legal action against them will cost them dearly,” a statement from the military force said), the burden of reporting fell on the shoulders of Iranian citizens participating in the demonstrations.
Most of the reporting comes in the form of videos uploaded to YouTube, email, and updates to social networking sites such as Facebook and Twitter. The reporting is generally a recording of events, which is then commented upon by western news media.
During the 1993 Russian Constitutional Crisis citizen journalists used email and Usenet newsgroups to transmit near real-time updates on activities as the Army moved to occupy the White House, and many Russian citizens were killed or injured. This supplemented the very limited news media, which was not officially allowed near the events. Perhaps one of the first examples of the “Internet Age of Journalism.”
Even in the United States, visual accounts of events involving police brutality become instantly available to the rest of the world. This was clearly demonstrated when Oscar Grant was shot on a Bay Area Rapid Transit train platform News Years night. Dozens of citizens recorded the incident on their mobile phones, uploading the images to YouTube and social networking sites directly from the platform within seconds of the event.
Now as mobile phone and computerized video files continue to flow from Iran to the rest of the world, keeping people up to date with events in Iran, we can reflect on changes taking place in the Internet age of information. CNN reporters, who have been with us providing news since the 1980s, are now barred from providing real time views of Tehran. They are taking “iReports” provided by Iranian citizens, and providing commentary on videos that cannot be independently verified. We need to assume that video being used is an accurate record of events – perhaps a big assumption in a world also well known for use of media deception and propaganda.
However one message is very clear. Regardless of the validity of visual and citizen provided accounts of events, it will be very difficult for governments to contain or suppress news in the future. The Internet has provided a means to instantly globalize information and news. Governments will forever be held accountable for their actions in the court of world opinion.
John Savageau, Long Beach

