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Introduction
Washington Times reporter Susan Ferrechio went to the Marcus Garvey Public Charter School, a controversial semi-public school in Washington, D.C., to interview principal Mary Anigbo in December 1996. When they met, Anigbo was upset that Ferrechio had spoken to a student who escorted the reporter to the office, and suspected the reporter of stealing a notepad from the principal's office. A scuffle ensued, the notepad - which Ferrechio said was hers, and contained notes for a story on public schools she had been working on for months - was physically taken from her by the school officials, and she was ousted from the building. When she later returned with police and a Times photographer, another fight broke out as Anigbo and school employees tried to stop the photographer from taking pictures and attacked officers who intervened. Anigbo and the other employees were variously charged with assault on the reporter, photographer, and two police officers and theft of the notebook. They were convicted on the misdemeanor charges in August 1997. Government officials at all levels sometimes try to keep journalists from a story, from the President who issues an executive order limiting media access to air disaster scenes, to a school principal who assaults a reporter over a notebook and a talk with a student. Although the First Amendment's provisions on freedom of speech and of the press have long protected the right to publish and broadcast the news, and the U.S. Supreme Court has said newsgathering enjoys some First Amendment protection as well, the high court has never clearly defined the scope of that protection, nor of the restrictions that may be placed upon reporters' activities. As a result, police officers have randomly restricted reporters' access to murder scenes, other crime scenes, fires and auto accidents. Owners may have reporters ejected from private property. And federal and state governments increasingly restrict press access to election polling places and prisons. This guidebook is intended to give reporters a "plan of attack" when access to newsworthy events has been unreasonably denied. It will discuss legal restrictions that may be placed on reporters, as well as what to do if the restrictions seem unreasonable. However, this guide is only a starting point. For help in specific situations where access is denied, consult an attorney or call the Reporters Committee's Hotline at (800) 336-4243 for assistance.
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