The Rights and Limitations of a Journalist to Photograph and Record in Public

Course Overview

The Rights and Limitations of a Journalist to Photograph and Record in Public
Originally Broadcast On:
June 08, 2018
Time Estimate:
One hour for the main presentation and questions. Sometimes presenters stay longer to answer additional questions from participants.

About Webinars

In this virtual classroom, participants can join in a seminar led by Poynter faculty and visiting faculty. This screencast includes live audio and a slideshow presentation in which participants can post questions and respond to poll questions posed by the host.

This Webinar was originally broadcast on:
June 08, 2018 Enroll Now
Watch and listen to the original one-hour Webinar in its entirety. This Webinar recording features the full presentation led by Poynter faculty and visiting faculty including Q&A from the audience and resources from the presenter.

With the widespread proliferation of cellphone cameras, capable of recording high-quality images along with audio and video, as well as the increasing deployment of police bodycams, everybody is documenting everything and everyone.

This webinar will provide a basic understanding of constitutional rights and limitations of journalists and citizens when covering stories in public places. One goal is to foster improved police-press- public relations in an era when most needed. It will include constructive discussion of the rights and responsibilities of journalists, the public and police; and encourage greater respect for the roles each plays.

The webinar will provide answers and suggest solutions to challenges faced daily by journalists in dealing with law enforcement, first-responders and demonstrators regarding those rights.

What Will I Learn:
  • Interplay of First, Fourth and Fourteenth Amendments
  • What constitutes reasonable Time, Place and Manner restrictions?
  • What is a "reasonable expectation of privacy" and where does it apply?
  • Most recent case law on this subject
  • What to do if questioned, detained or arrested
  • Practical advice when out in the field
Who Should Take this Course:

Anyone who covers protests or high-profile events or stories where police or first-responders are often present (accidents, crimes, fires) will find this webinar extremely helpful. This is true for reporters as well as visual journalists and their editors.

Course Instructor:

Mickey H. Osterreicher, Esq.

Mickey H. Osterreicher is of Counsel to Barclay Damon, LLP in the Media & First Amendment Law Practice Area and serves as general counsel to the National Press Photographers Association (NPPA). He is on the governing board of the American Bar Association Communications Law Forum, co-chair of the Fair Use committee of the American Bar Association Intellectual Property Law Committee, a member of the New York State Bar Association Media Law Committee, the Media Law Resource Center (MLRC) newsgathering committee and the First Amendment Lawyers Association (FALA).

Technical Requirements:

1.4GHz Intel® Pentium® 4 or faster processor (or equivalent) for Windows 7, Windows 8 or Windows 8.1
512MB of RAM (1GB recommended) for Windows 7 or Windows 8
Microsoft Internet Explorer 8, 9, 10, 11; Mozilla Firefox; Google Chrome
Adobe® Flash® Player 11.2+

1.83GHz Intel Core™ Duo or faster processor
512MB of RAM (1GB recommended)
Mac OS X 10.7.4, 10.8, 10.9
Mozilla Firefox; Apple Safari; Google Chrome
Adobe Flash Player 11.2+

Bandwidth - 1.5 Mbits/sec up and down. We strongly suggest viewing our Webinars with a wired connection.

Some networks, especially those that use a proxy server, may encounter difficulty connecting to our Webinar software. If this is your first Poynter NewsU Webinar, please test your connection.

This Webinar contains audio. Please adjust your headphones or speakers.

Questions? Read our Webinar FAQ or contact us at

You can watch our Live Webinars on your iPad with a free Adobe Connect app. To watch Webinar replays, your iPad must be able to view Flash media players. The Live Webinar experience on your iPad is very similar to watching it from your computer. You can watch the video, follow the presentation, respond to polling questions, ask the presenter questions and participate in any discussion forums.

Download the free Adobe Connect app from iTunes here. To access the live event, click on the "Join Live Event Now" button on the Webinar landing page. The virtual room will automatically load. Viewing recorded Webinars on iOS devices is not currently supported.