On Oct. 23, 2023, the Society of Professional Journalists San Diego Pro Chapter hosted a discussion between journalists and law enforcement professionals about the rights members of the media have at emergency scenes, courthouses and more.

Here is a summary of information our panelists shared during the event. We hope you find it to be a useful resource!

Panelists

• David Loy, First Amendment Coalition
• Anthony Molina, Chula Vista Police Department
• Mónica Muñoz, San Diego Fire and Rescue Department
• Adam Sharki, San Diego Police Department
• Emily Cox, San Diego Superior Court

Your rights at the courthouse

Fill out forms MC-500 and MC-510 to request permission to photograph, record or film in San Diego Superior Court. A judge will review the forms, then grant or deny you access. Requests should be made one to two days in advance whenever possible. No filming is allowed in the courthouse hallways or common areas. If you are trying to film outside the courthouse, be sure to film against a wall to ensure jurors are not recorded.

In San Diego federal court, filming is not allowed. Some judges do not allow live tweeting or note taking during court, so be sure to check with the judge for permission.

Your rights at police scenes

Members of the public and the media have permission to conduct interviews, take photographs and film outside crime scenes in public places.

Access to and filming inside crime scenes is only allowed at the discretion of police on the scene, who will set up an inner perimeter and an outer perimeter with police tape.

Your rights at the scene of fires

The San Diego Fire and Rescue Department does not allow journalists to go up inside high rises where fires are occurring, but will allow journalists to cross into areas where wildfires are occurring, although they discourage doing so because it poses safety risks.

Journalists should not hinder fire rescue efforts or evacuations during their reporting.

Your rights at emergency scenes

State penal codes 409.5, 409.6 and 409.7 outline rules for media access to emergency scenes. PC 409.5 covers fires, floods, disasters, earthquakes and tornados, while PC 409.6 covers avalanches and PC 409.7 covers protests and demonstrations.

Under these statutes, “duly authorized” members of the media can cross law enforcement lines at emergency scenes as long as they are engaged in news gathering. The San Diego Police Department considers many kinds of media members to be “duly authorized,” including freelancers and bloggers. A press pass is not required to cross police lines — instead, a letter from an editor or a business card, along with an ID, can suffice.

Being prepared

Panelists at the SPJ event emphasized that entering emergency scenes comes with safety risks and should only be done after careful consideration. They suggested journalists go through hostile environment training and training covering conflict zones or riots before crossing police lines.

Journalists can also prepare themselves by coming to emergency scenes equipped with press badges or cards identifying themselves as reporters.

If you are denied access to a scene you are entitled to enter, you can try to educate the law enforcement personnel on scene about the legal statutes granting your access. You can also ask to speak with a supervisor or a media representative from the law enforcement agency, or you can reach out to groups offering legal help to journalists, including the First Amendment Coalition.