A PUBLICATION OF THE SILHA CENTER FOR THE STUDY OF MEDIA ETHICS AND LAW | WINTER/SPRING 2020 A Message from the Director This issue of the Silha Bulletin, produced by our graduate student research assistants, includes a special roundup examining how the COVID-19 pandemic has affected newsgathering and reporting. But as if our world has not been rocked enough by COVID-19, the civil unrest in the Twin Cities following the death of George Floyd on May 25 prompted us to pivot just as we were wrapping up this issue of the Bulletin. Please visit our website to see our running list of clashes between the press and law enforcement. Our website is available at: https://hsjmc.umn.edu/news/2020-06-02-list-incidents-involving-police-and-journalists-during-civil-unrest-minneapolis-mn. We haven’t neglected our usual analysis of significant media law and media ethics developments from around the country. We’ve continued to provide timely research assistance and commentary on issues affecting freedom of the press and the public’s right to know. Elaine Hargrove, Silha Program Assistant, has almost completed a massive migration of Silha Center content — including past issues of the Bulletin, research materials, and photographs and recordings of many Silha events — to our new web site: https://hsjmc. umn.edu/research-centers/centers/silha-center-study-media-ethics-and-law. Silha Center programming and outreach also continue. On June 3, we participated in the first of a series of Town Hall webinars hosted by the Hubbard School of Journalism and Mass Communication examining legal and ethical issues surrounding reporting on the civil unrest in the Twin Cities. A video of that webinar is available online at: https://hsjmc.umn.edu/2020-town-hall-videos. In April, we moved our Spring Ethics Forum online, and plans are underway for the 35th annual Silha Lecture on Oct. 19, 2020, featuring Dale Cohen, Special Counsel to PBS’ FRONTLINE. Whether we can meet in person or virtually, rest assured that the Silha Center staff will keep working throughout the summer, and beyond. Don’t hesitate to reach out if we can be of assistance to you. Jane E. Kirtley, Director Silha Center for the Study of Media Ethics and Law Special Report: Journalists Face Arrests, Attacks, and Threats by Police Amidst Protests Over the Death of George Floyd n May 2020, protests in Minneapolis, Minn. stemming from the May 25 death of George Floyd while in the custody of Minneapolis Police Department (MPD) officers sparked media law and ethics issues and commentary. On May 29, 2020, CNN reported that a CNN television crew was detained while reporting on the early morning protests in Minneapolis. The arrests, which were made despite the television crew explaining that they were members of the news media, prompted significant criticism from press freedom advocacy organizations, including the Silha Center for the Study of Ethics and Media Law. IOn May 30, Tom Aviles, a veteran photographer at WCCO, the Twin Cities’ CBS affiliate, was arrested by the Minnesota State Patrol when covering the ongoing protests over the death of Floyd despite identifying himself and his producer as members of the local news media. Aviles’ arrest led to renewed criticism of police tactics by many observers. Meanwhile, ongoing protests in the Twin Cities and around the United States resulted in arrests, rubber bullets, pepper balls, tear gas, and more to be directed at journalists, who in some cities also faced violence by protesters. Finally, on May 29, Minneapolis Star Tribune reporter and University of Minnesota Hubbard School of Journalism and Mass Communication alumnus Andy Mannix announced on Twitter that he had deleted an earlier tweet in which he defended journalists publishing photos of protests. Several observers agreed with Mannix’s initial assessment, arguing that reporters need to report what takes place at public protests. (Find this story in full on page 3.) Special Report: COVID-19 Pandemic Raises Media Law and Ethics Issues, Challenges, and Opportunities n spring 2020, the COVID-19 pandemic led to problems, developments, and changes across the United States and around the world, including regarding various aspects of media law and ethics. The pandemic saw the escalation of a “media war” between the United States and China; renewed anti-press rhetoric and actions by President Donald Trump; the spread of misinformation online; increased newsroom layoffs, furloughs, and closures; Liberty University sought trespassing charges against two journalists; issues related to public and press access to information and government proceedings; and the U.S. Supreme Court holding oral arguments Ivia teleconference. (Find this story in full on page 16.) Inside This Issue Winter/Spring 2020: Volume 25, No. 2 3 Special Report: Journalists Face Arrests, Attacks, and 49 Saudi Arabia and Turkey Take Different Actions Against Threats by Police Amidst Protests Over the Death of Accused Killers of Journalist Jamal Khashoggi; Saudi George Floyd Crown Prince Escapes Accountability Special Report Reporters in Danger 16 Special Report: COVID-19 Pandemic Raises Media Law and 51 Journalists File First Amendment Lawsuit Stemming from Ethics Issues, Challenges, and Opportunities Questioning by U.S. Border Agents Special Report Borders 30 U.S. Senate and Trump Administration Impose Restrictions 52 Freelance Journalist Reaches Settlement with San on Media Access Francisco; FBI Document Confirms Agents Present at Access Searches and Seizures of Journalist's Property Searches and Seizures 34 Twin Cities Media Seek Juror Names in Noor Trial; Minneapolis Advisory Committee Allegedly Violates 54 Federal Courts Rule Iowa and Kansas "Ag-Gag" Laws Minnesota Open Meeting Law Violated First Amendment, Dismiss Lawsuit Challenging Access Arkansas' Statute Ag-Gag Laws 37 High-Profile Defamation Lawsuits Target National and Local Media Outlets 59 First Amendment Attorney John Borger Passes Away in Defamation December 2019 Tribute 45 Julian Assange Extradition Hearing Begins, Delayed Due to COVID-19 Pandemic; Chelsea Manning Released from 60 2020 Spring Ethics Forum Webinar Addresses the Impact Prison of Fact-Checking and Misinformation on Journalism Leak Investigations Silha Center Events 46 Kobe Bryant's Death Prompts Ethical Concerns Over Media Coverage; Twin Cities Station Parts Ways With Meteorologist Ethics SILHA CENTER STAFF JANE E. KIRTLEY SILHA CENTER DIRECTOR AND SILHA PROFESSOR OF MEDIA ETHICS AND LAW JONATHAN ANDERSON SCOTT MEMMEL SILHA BULLETIN CO-EDITOR SILHA BULLETIN CO-EDITOR SARAH WILEY ELAINE HARGROVE SILHA RESEARCH ASSISTANT SILHA CENTER STAFF 2 Special Report: Journalists Face Arrests, Attacks, and Threats by Police Amidst Protests Over the Death of George Floyd n May 2020, protests in of the 911 call is available online at: other officers at the scene, had been Minneapolis, Minn. stemming https://bringmethenews.com/minnesota- fired. At a May 28 press conference, from the May 25 death of George news/minneapolis-releases-transcript-of- Minneapolis Mayor Jacob Frey also Floyd while in the custody of 911-call-that-led-to-george-floyds-arrest. called for the arrest of Chauvin. Minneapolis Police Department Surveillance footage released on In a May 29 statement, Hennepin I(MPD) officers sparked media law and May 27 showed Floyd being dragged County Attorney Mike Freeman ethics issues and commentary. On May out of his vehicle. Contrary to a May announced criminal charges against 29, 2020, CNN reported that a CNN 25 statement by the MPD claiming that Chauvin, including for third-degree television crew Floyd “physically resisted officers,” murder and manslaughter. Freeman said SPECIAL was detained several observers contended that the that he “didn’t want to wait any longer REPORT while reporting on surveillance video suggested that to share the news that he’s in custody the early morning Floyd had not resisted arrest. The and charged with murder.” He added protests in Minneapolis. The arrests, full surveillance video is available that Chauvin was the first one charged which were made despite the television online at: https://www.youtube.com/ because “we felt it was important to crew explaining that they were members watch?v=EKV7Mi9YUAQ&feature=emb_ focus on the most dangerous perpetrator. of the news media, prompted significant logo. Heavily redacted police body-worn I must say this case has moved with criticism from press freedom advocacy camera (BWC) footage is available extraordinary speed.” According to organizations, including the Silha Center online at: https://www.youtube.com/ the Minnesota Daily, Chauvin was for the Study of Ethics and Media Law. watch?v=xwAAEhitWy8. arrested by Minnesota Bureau of On May 30, Tom Aviles, a veteran After pulling Floyd from his vehicle Criminal Apprehension (BCA) agents photographer at WCCO, the Twin at the intersection of East 38th Street and transported to Ramsey County jail. Cities’ CBS affiliate, was arrested by the and Chicago Avenue, three MPD officers On May 31, he was transferred to Oak Minnesota State Patrol when covering summarily held down and handcuffed Park Heights, Minnesota’s maximum the ongoing protests over the death Floyd, while an additional officer held security prison, according to Minnesota of Floyd despite identifying himself back witnesses. Bystander video taken Commissioner of Corrections Paul and his producer as members of the of the scene showed that as Floyd was Schnell at a press conference on the local news media. Aviles’ arrest led to lying on his stomach, MPD Officer same day. renewed criticism of police tactics by Derek Chauvin “dug his knee into the Freeman explained that the charges many observers. Meanwhile, ongoing man’s neck,” despite Floyd pleading that were based on evidence, including protests in the Twin Cities and around he was in pain and could not breathe, video, witness statements, a preliminary the United States resulted in arrests, as reported by the Associated Press autopsy report, and discussions with rubber bullets, pepper balls, tear gas, (AP) on May 28.