Since the terrorist attacks of September 11, 2001, photojournalists have begun to experience unprecedented levels of interference from security guards, state law enforcement officials and federal officials. This interference with newsgathering activities is often based on claims that photography of certain public areas, buildings or landmarks is impermissible because of anti-terrorism concerns. This memorandum assesses the authority of federal and state officers to remove the media and, in particular, photojournalists engaging in newsgathering, from public streets and sidewalks, especially around government buildings such as federal courthouses. It outlines both the scope of the media's constitutional rights, as well as the basis of the government's authority to remove or restrict the media within these areas. It also includes some recommended precautions that media personnel can take to minimize the chance of their being removed.
In summary, we find that there is no federal law that justifies the broad prohibitions that are being imposed on photography in public areas. There is no new federal law, including the Patriot Act, that restricts photography of public buildings and installations on the basis of concerns over terrorism. Restrictions of photojournalism that proceed on this basis may constitute violations of journalists' First Amendment right to gather news.
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