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Journalists Covering Fallout from George Floyd Death Take Legal A PUBLICATION OF THE SILHA CENTER FOR THE STUDY OF MEDIA ETHICS AND LAW | SUMMER 2020 Journalists Covering Fallout from George Floyd Death Take Legal Action; Misinformation Underscores Lessons from 2020 Silha Spring Ethics Forum ournalists and news organizations covering the Winter/Spring 2020 issue; “Judge Allows Media and Public to fallout from the May 2020 death of George Floyd in Make Copies of Evidence from Trial of Former Minneapolis Minneapolis filed numerous lawsuits and took other Police Officer, Restricts Live Streaming of Noor Sentencing legal action seeking to vindicate their newsgathering Hearing” in the Summer 2019 issue, and “Media Coalition Wins rights and obtain information. Meanwhile, false Legal Victory to Access Body Camera Video in Trial of Former Jinformation circulated about the events surrounding Floyd’s Minneapolis Police Officer” in the Winter/Spring 2019 issue.) death provide a case study about the pernicious nature of On May 29, Minnesota Gov. Tim Walz’s office announced misinformation and how it spreads, particularly online, which that the governor had signed Executive Order 20-65, which was the subject of the 2020 Silha Spring Ethics Forum. “implement[ed] a temporary nighttime curfew that will provide On May 25, 2020, Floyd, a 46-year-old African American man, safety for Minnesota residents from individuals who have was arrested in south Minneapolis after he allegedly used a engaged in unlawful and dangerous activity in recent days counterfeit $20 bill. Surveillance footage released on May 27 and threatened the security of lawful demonstrators and first showed Floyd being dragged out of his vehicle. After Floyd was responders.” However, the news media were among those pulled out of his vehicle at the intersection of East 38th Street exempt from the curfew order. and Chicago Avenue, Minneapolis Police Department (MPD) On June 1, 2020, the Hennepin County Medical Examiner Officer J.A. Kueng held Floyd’s back and Officer Thomas (ME) released its updated findings and ruled that Floyd’s death Lane held his legs. Officer Tou Thoa, who arrived at the scene was a homicide, finding that he died of “cardiopulmonary with MPD Officer Derek Chauvin, blocked witnesses from arrest complicating law enforcement subdual, restraint, interfering. Chauvin “dug his knee into the man’s neck,” despite and neck compression.” The ME’s report claimed that the Floyd pleading that he was in pain and could not breathe, as “injury occurred” because the “[d]ecedent experienced reported by the Associated Press (AP) on May 28. Chauvin a cardiopulmonary arrest while being restrained by law continued to press his knee down on Floyd’s neck for nearly enforcement officer(s),” though it also noted that Floyd had nine minutes, causing Floyd to fall silent and unresponsive. other “significant conditions, including “[a]rteriosclerotic Officers eventually called an ambulance, which transported and hypertensive heart disease; fentanyl intoxication; [and] Floyd to the Hennepin County Medical Center where Floyd was recent methamphetamine use.” Also on June 1, an independent pronounced dead at approximately 9:25 p.m. autopsy commissioned by Floyd’s family called Floyd’s death In a May 29 statement, Hennepin County Attorney Mike a homicide and determined that he died of “asphyxiation from Freeman announced criminal charges against Chauvin, sustained pressure,” meaning a lack of blood flow to the brain including for third-degree murder and manslaughter. Freeman due to compression on his back and neck caused by officers noted that Chauvin “is the first white officer in Minnesota kneeling on him. to be criminally prosecuted in the death of a black civilian.” On May 31, Walz announced that Minnesota Attorney The Minneapolis Star Tribune explained on May 29 that General Keith Ellison would take over the investigation and Hennepin County charged former MPD Officer Mohamed prosecution of the MPD officers involved in Floyd’s death. On Noor in the 2017 shooting death of Justine Damond. Noor was June 3, Ellison announced that he had upgraded the charges later convicted in 2019 of third-degree murder and second- against Chauvin to second-degree murder and had also charged degree manslaughter. (For more information on the shooting Kueng, Lane, and Thoa with aiding and abetting. and trial of Noor, as well as the legal battles around press Meanwhile, in the days following Floyd’s death, peaceful and public access, see “Recent Minnesota Legal Disputes and violent protests erupted in Minneapolis, including at the Involve Information Access and Defamation Liability” on page scene of the incident and near the MPD’s Third Precinct police 32 of this issue of the Silha Bulletin; see also “Twin Cities station. Local and national journalists provided live coverage Media Seek Juror Names in Noor Trial; Minneapolis Advisory Committee Allegedly Violates Open Meeting Law” in the Protests, continued on page 3 Inside This Issue Summer 2020: Volume 25, No. 3 1 Journalists Covering Fallout from George Floyd Death Take 26 CJEU Strikes Down EU-U.S. Privacy Shield, Confirms Legal Action; Misinformation Underscores Lessons from Validity of Standard Contractual Clauses 2020 Silha Spring Ethics Forum Privacy Cover Story 29 Clearview AI Raises Privacy Concerns, Pursues First 11 COVID-19 Pandemic Raises Data Privacy and Security Amendment Defense Questions and Concerns Privacy Privacy 31 Twitter Hack Included Data Breach of User Accounts 18 Federal Judge Finds Most of North Carolina's Ag-Gag Law Privacy Unconstitutional Ag-Gag Laws 32 Recent Minnesota Legal Disputes Involve Information Access and Defamation Liability 20 D.C. Circuit Affirms Ruling Requiring White House to Return Minnesota White House Reporter's Press Credential First Amendment 34 FRONTLINE Counsel Dale Cohen to Deliver 35th Annual Silha Lecture, "Inconvenient Truths and Tiger Kings: The 22 President Trump's Campaign Demands CNN Retract and Vital Role of Documentaries Today" on Oct. 19, 2020 Apologize for Poll, But Network Declines Silha Center Events Prior Restraint 23 California Consumer Protection Act Takes Effect Privacy SILHA CENTER STAFF JANE E. KIRTLEY SILHA CENTER DIRECTOR AND SILHA PROFESSOR OF MEDIA ETHICS AND LAW JONATHAN ANDERSON SCOTT MEMMEL SILHA BULLETIN EDITOR POSTDOCTORAL ASSOCIATE SARAH WILEY ELAINE HARGROVE SILHA RESEARCH ASSISTANT SILHA CENTER STAFF 2 Protests, continued from page 1 The complaint provided previous examples, including the arrest of Democracy Now! journalist Amy Goodman during of the protests each night that they took place. Amidst the the 2008 Republican National Convention (RNC) in St. Paul, protests, numerous journalists in Minneapolis and around the Minn. and the arrests of City Pages journalist Susan Du and country faced arrests, attacks, and threats by law enforcement. Minnesota Daily reporter David Clarey during the protests For example, on May 29, 2020, CNN correspondent Omar following the fatal shooting of Philando Castile by Jeronimo Jimenez, his producer Bill Kirkos, and photojournalist Leonel Yanez, a Hispanic-American police officer in St. Anthony, Mendez were arrested by Minnesota State Patrol officers Minnesota, in 2017. (For more information on the arrest of while reporting live from the protests in south Minneapolis. Goodman and other reporters at the 2008 Republican National The arrests prompted significant criticism from observers, Convention, see “Dozens of Journalists Arrested at Republican including the Silha Center for the Study of Ethics and Media National Convention in St. Paul” in the Fall 2008 issue of the Law. On May 30, Tom Aviles, a veteran photographer at WCCO, Silha Bulletin. Goodman also faced arrest after covering the Twin Cities’ CBS affiliate, was arrested while covering the oil pipeline protests in North Dakota in 2016. For more ongoing protests over the death of Floyd. information on the warrant issued against Goodman, see North For a full list of the incidents between the press and police Dakota Officials Issue Warrant forDemocracy Now! Reporter around the country, see the U.S. Press Freedom Tracker, a During Pipeline Protests in “Independent Journalists Face database of press freedom violations Threats to Newsgathering Rights” in the Fall 2016 issue of the in the United States and around the COVER STORY Silha Bulletin.) world managed by the Freedom of the Second, the complaint further argued that the defendants Press Foundation, available online at: had “a history of deficient or non-existent training with respect https://pressfreedomtracker.us/. (For more information on to the Constitution in general and Plaintiff’s First Amendment the protests around the death of George Floyd, as well as the rights in particular.” The complaint provided the example of incidents between the press and police, see “Special Report: Minneapolis Police Policy and Procedure Manual Section 6-200, Journalists Face Arrests, Attacks, and Threats by Police which provides that “MPD employees shall not unnecessarily Amidst Protests Over the Death of George Floyd” in the Winter/ obstruct news media personnel from performing their duties at Spring 2020 issue of the Silha Bulletin.) emergency scenes,” but does not provide any “other instruction or guidance on how to identify the media or ensure their First Incidents Between Press and Police Amidst Protests Amendment rights are respected.” The complaint added that Over George Floyd’s Death Lead to Multiple Lawsuits, the MPD “has not investigated, disciplined, or suspended any Reporter Sues Newspaper for Barring Her
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