When Police Target the Press: LAPD Under Fire in Lawsuit for Violence Against Journalists
Journalism is a crucial industry, providing up-to-date news to residents throughout the country. It’s so important, in fact, that its freedoms are outlined in the First Amendment. However, a recent lawsuit against the Los Angeles Police Department alleges that they have intentionally made journalists unsafe. During challenging times like these, it is crucial that police misconduct attorneys in California hold overreaching police departments accountable.
At the Law Offices of Robin D. Perry & Associates, we’ve seen firsthand how protests have changed how the community interacts with law enforcement. Robin D. Perry, Esq. has long been committed to serving the communities of Southern California, and that includes journalists, activists, and those who strive to hold leaders accountable. Call our police misconduct law firm at 562-216-2944 now to discuss your next steps.
What Happened?
California has long been at the forefront of civil rights movements, so it’s no surprise that Los Angeles was among the first cities to see protests break out due to ICE immigration raids. However, what has surprised some is how violently law enforcement has responded to these protests. Protests are nothing new in the United States; it’s a protected way of speaking out, and yet, police appear to be fracking down in an increasingly authoritarian manner.
The importance of the press is highlighted by the press itself. An Australian reporter was reporting the news live from an ICE protest when you can clearly see a Los Angeles police officer look at her, take aim, and fire a rubber bullet at her. The press has the right to cover protests without being attacked or assaulted, but police are not protecting that right.
What the Lawsuit Says—and How It Reflects a Bigger Pattern
The lawsuit was filed by the L.A. Press Club and named both the city and the Los Angeles Police Department in its complaint. Armed with a list of more than 50 police abuses towards the press during the summer protests and explanations of how these abuses violate the First and 14th Amendments, a legal team for the L.A. Press Club, Status Coup News, and individual journalists aims to hold the police accountable. They assert that the press has a right to access protests. It’s an important part of freedom of the press, and they allege that the police have violated this right with impunity.
The abuses described are shocking, even from the point of view of a police misconduct lawyer. Police officers have shot less-lethal rounds at members of the press, forcibly removed them from protests, charged their horses at press members, and illegally detained. The official complaint outlines how this fits into a larger pattern of behavior by the LAPD, with multiple examples of wrongful detainment and excessive force toward journalists in the 2020 protests after George Floyd’s death.
Defense Strategies the City May Explore
While the LAPD does not comment on pending litigation, you can see hints of what they may do next in what police officers and sergeants have said to the media. Police chief Jim McDonnell called protesters “hostile and riotous” and stated that he supported his department’s response to them.
To start, the city will likely explore qualified immunity, which shields officers from liability unless their actions clearly violated the Constitution. This may or may not stand in this case, as their abuses of press members were largely considered to be egregious. They may also make the argument that the police were acting in the best interests of public safety—that their actions were to disperse crowds and keep riots from breaking out, not to silence or target the press.
Finally, there will also likely be factual disputes about the claims made by the press in their complaint. They may claim that journalists were not properly credentialed, that they hid their identities, or that they worked within restricted zones.
Whether or not these claims are successful remains to be seen. The court may not want to second-guess the judgment of police acting on the ground, especially during tense protests. However, the court may also be wary of essentially signing off on officers’ actions, particularly when those actions violate the Constitution.
Choose Our Police Misconduct Law Firm for the Representation You Deserve
At the Law Offices of Robin D. Perry & Associates, we have seen how excessive force can derail public trust in law enforcement. Our team of police misconduct attorneys are committed to fighting for justice. Contact us online or call us at 562-216-2944 to discuss your case with our police misconduct lawyers.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
