Nydia Tisdale
An Atlanta attorney who practices First Amendment law says he fears the conviction of a citizen journalist and videographer this week on a misdemeanor obstruction charge—even though the jury cleared her of felony obstruction and criminal trespass—will lead to more prosecutions of journalists in pursuit of stories.
His concerns were echoed this week by other First Amendment lawyers who, while acknowledging that members of the media have no more rights than ordinary citizens and are obligated to obey the law, say they worry that journalists increasingly are being targeted simply for doing their jobs.
“We are definitely seeing more aggressive action and hostility by police,” said Gregg Leslie, legal defense director of the Washington-based Reporters Committee for Freedom of the Press. “It’s troubling. Reporters shouldn’t be interfered with for doing their jobs. There is no reason for arrest when other members of the public and political candidates are there.”
S. Derek Bauer (John Disney/ ALM)
Derek Bauer, a partner at Atlanta’s Baker Hostetler, said that, while there is likely “some sense of relief in local newsrooms” that a Dawson County jury acquitted citizen journalist and videographer Nydia Tisdale of felony obstruction of a law enforcement officer and criminal trespass, there remains “a great deal of concern” over the decision by Northeastern Circuit District Attorney Lee Darragh to prosecute her and the jury’s willingness to convict her for misdemeanor obstruction of a law enforcement officer.
“I think the jury verdict will empower authorities, particularly in smaller communities, to be more aggressive with confronting journalists in covering events,” said Bauer, whose clients include NBC Atlanta affiliate WXIA-TV. “If the authorities feel the juries will not defend the press, a few prosecutions will have a significant chilling effect.”
“I know my clients will be watching the sentencing phase carefully,” he said.
After a six-day trial that ended late Monday, the jury convicted Tisdale of the single misdemeanor while acquitting her of felony obstruction and the underlying crime of criminal trespass. This alleged offense prompted Dawson County Deputy Tony Wooten to frog-march Tisdale from the 2104 political rally as Republican officials and candidates—including Gov. Nathan Deal, then U.S. Senate candidate David Perdue, and state Insurance Commissioner Ralph Hudgens—stood by. Only then-Attorney General Sam Olens, who in 2012 fined the city of Cumming after police forcibly removed Tisdale from a city council meeting she was recording, told the crowd that removing Tisdale from the rally was “not a good move.”
“What,” he asked, “are we afraid of with the lady having a camera filming us?”
