Capitol Attack Could Renew Interest in Journalist Protection Law

The Jan. 6 attack on the U.S. Capitol included about a dozen reported assaults and numerous threats against journalists. (See our news report here.) This could spur renewed interest in legislation to protect them, said journalism advocates in interviews this week.

“Things are heated right now,” said Paul Boyle, News Media Alliance senior vice president-public policy. “There will be a bigger push around this legislation.” On Tuesday, the U.S. Attorney’s Office for the District of Columbia asked journalists to report any incidents of assault, threats or property damage during the attack. “We are resolutely committed to upholding the freedoms guaranteed by the First Amendment, including speech, peaceful assembly, and press,” said a news release. Acting U.S. Attorney for Washington Michael Sherwin told reporters Tuesday the FBI set up a “strike force” of prosecutors to focus on assaults on the media during the incident.

The U.S Press Freedom Tracker recorded 14 assaults on journalists last Wednesday, the vast majority of them in the District of Columbia, said Managing Editor Kirstin McCudden. Three reports included equipment damage. WRC-TV Washington reporter Shomari Stone documented rioters smashing TV cameras outside the Capitol.

Our reporter Karl Herchenroeder spent the attack in one of the House press galleries. He recalled Tuesday he didn’t see any signs of increased police presence when he entered the Capitol that morning. Herchenroeder said he felt safe in the gallery until he saw “surreal” video online of rioters breaching the building. “There was definitely a moment of panic.” TV broadcasters say they prepare reporters to cover protests with special training, protective equipment and security details. Herchenroeder said he wasn’t provided with safety gear or training before the incident, but he’s not sure it would have helped: “There wasn’t anything we could do."

Journalism advocates are concerned about the possibility of further attacks on the media during the Jan. 20 inauguration of Joe Biden, said Committee to Protect Journalists Advocacy Director Courtney Radsch. Several experts interviewed referenced widely circulated images from the attack that showed the phrase “Murder the Media” on a door of the Capitol. Gray Television, NBCUniversal and other broadcasters told us they’re making plans to keep the reporters covering the event safe, but none would provide specifics. One Washington Post reporter tweeted she will wear a bulletproof vest to the event. Radsch said CPJ plans to release updated safety recommendations this week for journalists covering such events.

The Jan. 6 attack was “a disturbing escalation” beyond the usual dangers journalists face at protests, already one of the most dangerous situations to cover, said Reporters Committee for Freedom of the Press Senior Staff Attorney Sarah Matthews in an interview. “We saw rioters targeting and attacking journalists at a whole new level." Journalists covering future events likely to involve the same sort of activity -- such as the inauguration and protests planned at statehouses this weekend -- should bring personal protective gear and be extra aware, she said.

Interest in legislation to protect journalists from violence arose during the nationwide demonstrations over police brutality and inequality during the summer, Boyle said. A congressional bill, supported then by News Media Alliance, NAB and others, never made it out of committee and was seen as “more of an effort to send a strong message,” Boyle said. That legislation is likely to be reintroduced, “with some tweaks,” after the inauguration and return of Congress, he said. The Capitol attack will “certainly” focus attention on the issue, Boyle said.

The Press Freedom tracker was heavily engaged in cataloging attacks on the media during the summer demonstrations and found a difference in the Capitol attack, McCudden told us. During the racial inequality protests, much of the reported interference with journalists came from police, but the assaults reported during the Capitol attack were from the crowd members, she said. Journalists got caught up in police efforts to “kettle” the crowd Jan. 6, she said. Those reporters were released without further incident, but while it was happening, they couldn’t move freely, McCudden noted. She said her team is preparing for the possibility of further violence against reporters starting Saturday, based on reports of FBI concerns about the days leading up to inauguration.

NAB has also shared journalist safety information with broadcaster members and is seeking more transparency about what happened at the Capitol, a spokesperson said. NAB “strongly” urges “law enforcement agencies to provide greater details and transparency surrounding the attack on the Capitol -- to answer questions, explain their findings and inform the media and the public about possible future violence,” said the spokesperson.

“For the past four years, the Trump administration has lobbed attacks against individual and institutional news media,” said CPJ Program Director Carlos Martinez de la Serna. “This rhetoric is not just a political diversion -- it can embolden mobs to attack reporters who are simply trying to do their job of keeping the public informed.” No one imagined reporters covering the Electoral College ratification would be in danger, Boyle said. “You’re in the press gallery, you’re inside,” he said. “That changed very quickly.”

The White House didn’t comment Tuesday.

Editor's note: This is the fourth installment in a periodic series of reports in our publication on how the news media is coping with the actions of law enforcement during protests. Past articles focused on the FCC's response (see 2006010056), media advocates' concerns (see 2006080051) and media wariness of authorities (see 2007020039). Other related articles have looked at difficulties for those imprisoned to communicate with the outside (see 2003300022) and about legislation to help.