2. MPD Retaliates Against Journalists and Unlawfully Restricts Their Access During Protests
The press has a distinct and essential role in maintaining our democracy. When reporting on government conduct, the press serves as “surrogates for the public,”62 and their work gathering and sharing information “enable speech.”63 Accordingly, reporting is a constitutionally protected activity, and the First Amendment prohibits retaliation against individuals for gathering the news.64
Regardless, MPD officers regularly retaliate against members of the press—particularly by using force. For example, in October 2020, an MPD sergeant repeatedly pushed a journalist who was actively filming, verbally identified himself as press, and had a press credential around his neck. In the police report, the sergeant falsely claimed that the journalist was leaning against a business owner’s truck and that the sergeant had simply “moved the media member off the vehicle.” Body-worn camera footage clearly shows that the journalist was standing at least a foot away from it.