Do Criminal Laws Protect Reporters from Assault?
It is understood that journalists and reporters are protected under the First Amendment of the United States Constitution. Unfortunately, the First Amendment does very little to criminalize an attack on members of the press. Generally, when members of the media are attacked, only the usual criminal assault charges could be brought depending on the circumstances.
Despite freedom of the press being in the First Amendment, hate crime statutes do not extend to cover journalists or reporters. This means that an attacker who is targeting a reporter due to hate toward the media will not be prosecuted any differently than an ordinary assault that occurs in a public or private place.
Some state's criminal laws provide for aggravated charges when a crime is motivated by malice, intimidation, or other factors. These are potential aggravators and/or enhancements that can be added on, but it does not focus and protect members of the press specifically.
Under civil rights laws, both federally and in certain states, a reporter may have civil remedies after an attack that is prompted by their status as a reporter. Pursuant to civil rights laws in the country, 42 USC 1983, a reporter or journalist can sue a government official or entity for violating their First and Fourth Amendment rights. This statute provides for civil liability when government officials deny people their civil rights.
If a reporter is attacked by a police officer or other government official while lawfully trying to report, reporters not only will have claims under the Fourth Amendment for any assault they suffer, but also under the First Amendment for being prevented from engaging in free press activities.
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