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Right to Photograph and Record in Public

Who: Mickey Osterreicher, general counsel, National Press Photographers Association
When: Tuesday, Feb. 11, 2014, at 12 p.m.
Where: Honolulu Star-Advertiser, 500 Ala Moana Blvd., Tower 7, Ste. 500 conference room
Contact: Stirling Morita, spj@flex.com. (We are trying to get a count for refreshments)

Since 9/11 there has been a heightened awareness of anyone taking pictures or recording events in public. This issue has only been exacerbated by the widespread proliferation of cellphone cameras and the ability of everyone to post photos and recordings on the Internet where they may be viewed and shared, in many cases going bviralb with thousands of views. Many in law enforcement have the erroneous belief that they can order people to stop taking pictures or recording in public. Interference and in some cases arrests stemming from those actions have led to a number of court cases resulting in six-figure settlements, new policies and procedures and sometimes serious disciplinary actions against the officers involved.

Mickey Osterreicher deals with these issues on a daily basis. As a uniformed reserve deputy with the Erie County Sheriff's Department since 1976 and a former photojournalist in print and broadcast for 40 years Mickey brings a unique perspective to this growing problem. Mickey has helped develop guidelines and policies for a number of departments, including the Miami Beach and D.C Metro Police Departments.

The program will address First and Fourth Amendment rights, search and seizure, exigent circumstances, federal civil rights lawsuits against police agencies as well as an analysis and update on the most recent cases and court rulings dealing with these issues. Mickey also will discuss the bcoextensiveb right of both the press and the public to photograph and record as well as provide practical advice regarding the best ways to handle these situations.

This program is presented with support from the SDX Foundation of the Society of Professional Journalists.

Mickey H. Osterreicher is of Counsel to Hiscock & Barclay, LLP in the Media & First Amendment Law Practice Area and serves as general counsel to the National Press Photographers Association (NPPA). He is a member of the New York State Bar Association Media Law Committee, the American Bar Association Communications Law Forum and the Intellectual Property Law Committee as well as the Media Law Resource Center (MLRC) newsgathering committee. He is an award winning photojournalist with almost forty yearsb experience in print and broadcast. His work has appeared in such publications as the New York Times, Time, Newsweek and USA Today as well as on ABC World News Tonight, Nightline, Good Morning America, NBC Nightly News and ESPN.

As a lawyer, Mr. Osterreicher has been actively involved in such issues as: cameras in the courtroom, the federal shield law, media access, public photography, ag-gag legislation, anti-paparazzi statutes, drone photography, copyright, fair use and orphan works. He has helped to draft comments to the Copyright Office and written numerous articles on these subjects. He has helped draft revised photography guidelines for many law enforcement agencies nationwide and has also drafted updates for the New York State Bar Association Journalistsb Handbook. He has drafted letters resulting in successful opposition to many state bills limiting the right of the press and public to photograph and record. He writes regularly for JPG, the NPPA and the MLRC as well as other online publications and has been quoted in the news nationally on many of these issues.

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