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San Benito County restrictions on press access to homeless encampment sweeps violates First Amendment

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  1. First Amendment
“BenitoLink’s right to document government activities in public spaces … is firmly established,” RCFP and BenitoLink argue.

The Reporters Committee for Freedom of the Press and BenitoLink are urging San Benito County to respect the rights of the press and public to observe and record sweeps of homeless encampments on public property.

In a letter sent to county officials on May 27, 2025, the Reporters Committee and the nonprofit news organization raised serious concerns with San Benito County’s practice of barring reporters from covering the cleanup operations, noting that it violates both the First Amendment and California law.

On May 5, BenitoLink reporters were unlawfully denied access to the scene of the county’s sweep of a homeless encampment on public land along the San Benito River. Citing safety and privacy concerns, county officials told reporters to move to a media staging area approximately 100 yards away, where they were unable to witness the sweep.

In the letter, the Reporters Committee and BenitoLink note that “courts in California and beyond have resoundingly rejected a generalized interest in safety and privacy … as a sufficient justification for imposing a blanket ban on press coverage of newsworthy public events.”

The letter also highlights BenitoLink’s constitutional right to document government activities in public spaces, noting that the clearing of homeless encampments on public property is no exception. 

“Given the settled law supporting BenitoLink’s right to document the County’s sweeps of homeless encampments in public spaces, we urge you to respect the right of BenitoLink and other reporters to cover these events in the future, including any ongoing efforts to clear the riverbank encampment,” the letter concludes. “We recognize and share the interest in avoiding risks to public safety or interference with important government operations, but that interest is not served by banning coverage of public functions on public land.”

Read the full letter below. And check out this BenitoLink story to learn more about the news outlet’s efforts to cover sweeps of homeless encampments.

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