Judge says journalists are exempt from police orders to leave protests

(JULY 4, 2020) There have been nightly demonstrations in Portland over the past month. People are protesting racism and police brutality. Often the protests are peaceful, but sometimes they can become dangerous due to violence and destruction of property.

When this happens, the Portland Police Bureau declares the event a riot or an unlawful assembly. The police require protesters to leave the area. Journalists are often present, and they have complained that they have been "targeted and attacked by the police while documenting protests," according to the Associated Press. They want to be present to show the public what is happening.

A federal judge on Thursday issued a new order. The judge says that "some journalists and legal observers are exempt from Portland police orders requiring protesters to disperse." That means that they do not have to follow the orders to leave the area. Also, police cannot "arrest, threaten, or use physical force," nor can they take their cameras, recorders, or identification unless there has been a crime, the AP says.

Matthew Borden is an attorney at BraunHagey & Borden LLP. He helped to secure the judge's order. He said, “We hope that this creates a needed shield for members of the press and legal observers documenting how police are treating protesters.”

The judge agrees that it is useful to have people record and report what happens. “The public streets historically have been open to the press and general public, and public observation of police activities in the streets plays a significant positive role in ensuring conduct remains consistent with the Constitution,” he wrote. “Further, there are at least serious questions regarding the police tactics directed toward journalists and other legal observers and whether restrictions placed upon them by the PPB are narrowly tailored.”

The city is concerned. Naomi Sheffield is an attorney for the city of Portland. She worries that protesters may print fake "press passes," a form of identification for journalists, so that they do not have to disperse under police orders. “We need to make sure whether every one of 100, potentially, PPB officers understand and can identify who those people are that aren’t required to disperse,” she said, according to Oregon Public Broadcasting (OPB).

The judge's order is temporary and expires in 14 days.