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California Law Ensures Reporters Can Cover Protests – Plus DWT Resources for Media Organizations and Journalists

Penal Code § 409.7: California law allows journalists to enter, remain in, and report from protest zones without interference from law enforcement while reporting on First Amendment events
By   Zoë N. McKinney
06.23.25
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In light of increasing reports of law enforcement interference with news reporting about ongoing demonstrations across California, now is a good time to remind media professionals of their rights under California law. California Penal Code § 409.7—as recently amended by Senate Bill 98 (SB 98)—provides robust, statewide protection for journalists covering protests and other First Amendment activities. News organizations and reporters, regardless of affiliation, should understand their rights and be prepared to assert them to avoid the suppression of lawful newsgathering activities.

Expansion Under SB 98

Originally enacted to ensure media access to restricted areas during natural disasters, Section 409.7 was significantly expanded in October 2021, when Gov. Gavin Newsom signed SB 98 into law.

Prior to SB 98, Section 409.7 only applied to disasters such as fires, floods, or earthquakes. Reporters had no statutory right to stay in those areas once law enforcement had issued a dispersal order under Penal Code § 409, and reporters had no statutory protection from dispersal orders issued during protests or civil unrest.

After reports of widespread interference by law enforcement with journalists' coverage of protests in the wake of the murder of George Floyd in 2020, coalitions of journalists, news organizations, and press trade groups pushed for greater protection of newsgathering under California law. SB 98 was designed to reflect the First Amendment's core protection of newsgathering and its essential role in documenting public events and holding government accountable.

The California Legislature responded by amending Section 409.7, effective January 1, 2022, to extend the statute's protections to journalists covering demonstrations, marches, protests, rallies, or other First Amendment events—ensuring they are not removed, cited, or arrested when lawfully newsgathering at these events. The new law has been used to secure the release of reporters detained during such events.

As amended, Section 409.7 provides that:

  • "Duly authorized representatives of any news service, online news service, newspaper, or radio or television station or network" may enter areas closed by law enforcement due to a "demonstration, march, protest, rally," or other First Amendment activity for the purpose of gathering or disseminating news to the public.
  • Law enforcement officials shall not "intentionally assault, interfere with, or obstruct" media representatives who are "gathering, receiving, or processing information for communication to the public."
  • Media representatives may not be cited for failure to disperse, curfew violations, or resisting arrest under Penal Code § 148(a)(1) while gathering, receiving, processing, or disseminating information to the public.

"[D]uly authorized" is meant to be broadly interpreted, consistent with the First Amendment's protections for newsgathering, and with established law that dispersal orders must be "essential to preserve higher values" and "narrowly tailored to serve that interest."[1]

The information below, derived from the text of Section 409.7, as well as various local law enforcement agencies' policies and federal courts' guidance, is meant to provide practical guidance for invoking the protections of and ensuring the compliance of local law enforcement with Section 409.7.

Who Is Protected Under Section 409.7?

  • The law protects any journalist "duly authorized" by a qualifying news organization.
  • Employment status or legacy-media affiliation is not required.
  • The law is not limited to legacy news organizations and includes freelancers, student journalists, independent and nonprofit reporters, and online-only media.
  • The statute is construed broadly to cover any individual “acting in a manner consistent with gathering, receiving, or processing information for communication to the public."[2]

Covered Qualifying News Organizations:

  • News services;
  • Newspapers;
  • Radio stations;
  • Radio networks;
  • Television stations;
  • Television networks; and
  • Online news services (including legacy media websites and independent digital outlets operating in California).

Identifying as a Duly Authorized Journalist

No specific credential, issued by local law enforcement or otherwise, is required for a reporter to be deemed "duly authorized" and covered by Section 409.7's protections. Section 409.7 does not define "duly authorized," and the phrase has not yet been interpreted in court, but based on guidance from local law enforcement agencies, to confirm one's role as a reporter at a given event, journalists may choose to carry or display any of the following:

  • Law enforcement-issued press credentials (from any jurisdiction);
  • Press IDs from professional associations (e.g., National Press Photographers Association, Los Angeles Press Club);
  • Credentials for journalism majors and school news publications from accredited educational institutions;
  • Company ID or employee identification card or badge;
  • Business card for a news service or news organization;
  • Letter of assignment to a freelance journalist from a media organization (some agencies, such as the Los Angeles County Sheriff's Department, may require this letter be on the news organization's letterhead);
  • Visible byline on a news organization's website; or
  • Clothing or equipment conspicuously labeled "PRESS."[3]

Both the Los Angeles Police Department ("LAPD") and Los Angeles County Sheriff's Department ("LASD") have issued guidance stating that department-issued credentials are not mandatory for access:

The LAPD Media Relations Guide states that news media identification cards are "simply a tool to easily recognize members of the media," but "freelance and independent media representatives without a news media identification card may lawfully cover an event that is open to the public." [4] Furthermore, "[d]epartment personnel should make every effort to determine whether the person has any evidence that they are gathering information for news.… If a determination cannot be made, a [public information officer] should be requested to assist."

The LASD Manual of Policy and Procedures, Section 5-06/000.35 – News Media confirms that LASD officers may use the tools and indicators listed above to identify duly authorized representatives of the news media.

Access Rights Under Section 409.7

Examples of areas to which reporters must be allowed access even after a dispersal order issued pursuant to Section 409:

  • Behind police lines, barricades, skirmish lines, or perimeters at demonstrations;
  • Streets and sidewalks temporarily closed during crowd control operations;
  • Plazas or public spaces cleared during protests; and
  • Areas under curfews or crowd-control directives.

Important Limitations

Section 409.7 does not protect journalists if they:

  • Engage in protest activity themselves;
  • Interfere with law enforcement operations;
  • Trespass on private property;
  • Obstruct emergency services; or
  • Engage in other unlawful activity, such as vandalism, destruction of property, or assault.

Section 409.7 does not ensure access to:

  • Internal command posts or secured facilities;
  • Private property;
  • Area restricted due to crime scene security; or
  • Areas restricted due to or safety hazards.[5]

Suggested Action Steps for Journalists if Detained

  • Request contact with a supervisor;[6]
  • Cite Penal Code § 409.7 when asserting your rights;
  • If necessary for identification, request that an officer in charge contact an editor from the news organization for confirmation of authorization, or review the news organization's website to verify that individual's assignment, or to show a credited byline;
  • Document any interference or detention for potential legal follow-up.

Local Law Enforcement Guidance

State and local agencies have issued internal policies to comply with SB 98. It is recommended to check with the jurisdiction where you plan to cover events for agency-specific guidelines.

For example:

Davis Wright Tremaine Resources

Media organizations, journalists, and filmmakers covering protests who need legal assistance can contact the following DWT attorneys:

Los Angeles Office

San Francisco Office

  • Sarah Burns, First Amendment & Newsgathering Issues, 415.276.4892
  • Tom Stout, Criminal Law Issues, 415.276.4856

 

[1] Index Newspapers LLC v. City of Portland, 977 F.3d 817, 831 (9th Cir. 2020).

[2] LAPD Media Relations Guide, 4 (Apr. 2024).

[3] In analogous contexts, federal courts have identified non-exclusive "indicia of being a Journalist" to facilitate identification of news media representatives, including: "visual identification as a member of the press, such as by carrying a professional or authorized press pass, carrying professional gear such as professional photographic equipment, or wearing a professional or authorized press badge or other official press credentials, or distinctive clothing, that identifies the wearer as a member of the press." Index Newspapers LLC v. City of Portland, 480 F. Supp. 3d 1120, 1156 (D. Or. 2020) (emphasis added); see also Goyette v. City of Minneapolis, Case No. 20-cv-1302, 2021 WL 5003065, at *16 (D. Minn. Oct. 28, 2021)

[4] See also Notice 1.14 Re: Assembly Bill 48 and Senate Bill 98, Office of the Chief of Police (Dec. 14, 2021) ("'Freelance' reporters or photographers possessing a valid media credential or other identification establishing duly authorized news media affiliation or primary employment shall be deemed as authorized news media representatives").

[5] Some agencies have issued guidance suggesting that access can be restricted if a demonstration becomes "violent or unruly." See Cal. Highway Patrol, 2022 Legis. & Legal Digest at 88-89 (2022) ("[t]his bill grants access during First Amendment-protected activity. If and when activity becomes violent or unruly, 'duly authorized' media are not to be granted access"). However, that is contrary to Section 409.7, which ensures that journalists can access closed areas even where authorities have established a police line or other closure at a demonstration.

[6] ("If the duly authorized representative is detained by a peace officer or other law enforcement officer, that representative shall be permitted to contact a supervisory officer immediately for the purpose of challenging the detention, unless circumstances make it impossible to do so."); see also LAPD Media Relations Guide at 11 ("If confronted with a situation where a person within the crowd identifies as a member of the media, officers should request a supervisor if they are unable to immediately identify the individual as an actual media representative.").

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