RCFP: Journalists covering Portland protests should not be required to obtain a license – Reporters Committee for Freedom of the Press

Amicus brief filed by the Reporters Committee for Freedom of the Press and 16 media organizations

Court: U.S. District Court, District of Oregon, Portland Division

Date Filed: Aug. 5, 2020

Background: In June, the American Civil Liberties Union filed a class-action lawsuit on behalf of journalists targeted by law enforcement while covering Black Lives Matter protests in Portland, Oregon.

A month later, a federal district judge temporarily blocked law enforcement from arresting, assaulting, threatening, or dispersing journalists and legal observers during demonstrations, and said that police could not search or seize journalists equipment. After the government asked the court to modify the temporary restraining order, the judge asked the parties whether the court should restrict the protections to professional or authorized journalists who would be clearly identifiable by wearing vests provided by the ACLU.

Our Position: The district court should not require journalists covering protests to register or obtain a license with the government, ACLU, or any other organization.

Quote: The First Amendment bars any system that would require journalists to be licensed by the government, third party, or otherwise to gather and report the news. Such a system would constitute both an unconstitutional prior restraint and an unacceptable impediment to the publics right to know.

Related: The Reporters Committee has urged public officials in California, New York, Minnesota, and Colorado to immediately stop attacking and arresting journalists covering the Black Lives Matter protests, and to train police officers about First Amendment protections for reporters.

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RCFP: Journalists covering Portland protests should not be required to obtain a license - Reporters Committee for Freedom of the Press