McGuire reintroduces legislation to protect journalists, press

Senator McGuire has reintroduced SB 98, which will extend crucial protections to members of the press as they enter and report on events protected by the First Amendment.

Freedom of the press is foundational to our country. It strengthens our democracy by providing transparency, keeping a check on government, and informing our everyday decisions. But this freedom is under assault here in the United States.

Intentional attacks or detainments of reporters and members of the press in the United States in 2020 increased significantly, particularly during the nationwide antiracism protests according to the US Press Freedom Tracker, the Freedom of the Press Foundation, and the Committee to Protect Journalists. At least 117 verified cases of journalists being arrested or detained have been documented this year, a 1200% increase over 2019. More than 36% of these arrests and detainments were accompanied by an assault (source: Freedom of the Press Foundation).

In 2020, reporters have been hit by rubber bullets, struck with batons, sprayed with tear gas, and detained, all while performing their critical role of documenting and informing the public of current events.

“Members of the press risk their personal health and safety each time they attend protests or rallies to get the public the information they need and deserve. Rubber bullets, tear gas, and detainment cannot be the new norm for members of the press. California must lead the way to ensure the freedom of the press and the First Amendment are protected and held to the highest standard,” Senator McGuire said.

SB 98 will ensure that journalists are protected as they attend demonstrations, marches, protests, and rallies. It will prohibit law enforcement officers from obstructing, detaining, assaulting, or otherwise preventing the press from fulfilling their constitutional mandate in reporting on these events.

Additionally, the bill mandates that reporters can challenge their detainment or lack of access by working with law enforcement management on scene. This provides a necessary safety net to reporters who are not granted access or intentionally detained or mistakenly detained. During protests throughout California, numerous reporters were injured during incidents with law enforcement.