National Press Photographers Association

1100 M&T Center 3 Fountain Plaza Buffalo, NY 14203

Phone: 716.566.1484 Fax: 716.608.1509
lawyer@nppa.org

VIA FACSIMILE 314-524-5290
August 14, 2014

Chief Thomas Jackson
Ferguson Police Department
222 S. Florissant Road
Ferguson, MO 63135

Re: Police-Press Relations

Dear Chief Jackson:

As general counsel for the National Press Photographers Association (NPPA) I write to express our strong
objections to the actions of your police officers for the unwarranted arrest and detention of Ryan Reilly and
Wesley Lowery, as well as your departments complete lack of understanding and respect for the First
Amendment as it applies to newsgathering.

In any free country the balance between providing police protection with integrity and over-zealous
enforcement is delicate. It is one thing for officers to act when there is reasonable suspicion; it is quite another to
abuse that discretion by chilling free speech and creating a climate of fear and distrust under the pretext of safety
and security.

In a time of technology and terrorism, citizens and visual journalists throughout the world have risked and
in some cases given their lives to provide visual proof of governmental activities. Sadly, what is viewed as heroic
abroad is often considered as suspect at home. It is therefore incumbent upon you as the Chief of the Ferguson
Police Department to lead by example regarding the rights of the press and the public and I encourage you to
affirmatively acknowledge those rights immediately.

While it is understandable that your officers may have a heightened sense of awareness during these
encounters that is still no excuse for them to not recognize a persons (citizen or journalist) right to photograph
or record an event occurring in a public place. Law enforcement agencies are established to uphold and enforce
existing laws not to create pretexts in order to abridge the free speech/press rights of others.

As we have done throughout the country, NPPA offers its assistance in working with your department to
help develop reasonable and workable policies, practices and especially training in order to alleviate these
situations and foster better relations between the police, the public and the press.

I am attaching an article I wrote for the National Sheriffs Association on this issue.

Thank you for your attention in this matter. I look forward to your response.

Very truly yours,

Mickey H. Osterreicher

Mickey H. Osterreicher
General Counsel