Ferguson Police Arrest Yet Another Journalist, Ignoring Direct Court Orders

from the because-that's-how-they-roll-in-Ferguson dept

Back in the summer, we had a few stories about the police in Ferguson arresting reporters. In response to that, the police signed a court agreement promising not to interfere with the media — which they ignored the very same day. More recently, a court found that the “5 second rule” that police had made up as part of enforcing a “failure to disperse” law was unconstitutional, but it would appear that the police still don’t care.

Over the weekend, police in Ferguson arrested yet another journalist, Trey Yingst. The St. Louis County Police Department said he was arrested for (you guessed it) “failing to disperse” when commanded to do so. Specifically, the police say he was in the street and refused to leave.

However, multiple eyewitnesses, including other reporters, dispute that claim and point out that he was on the sidewalk:

Even worse, as Adam Steinbaugh points out, on Friday, there was a series of federal court orders telling the state, county and city police not to interfere with journalists doing reporting in Ferguson. According to the order [pdf], which covers the St. Louis County police:

IT IS HEREBY ORDERED that the [police] shall not enforce or threaten to enforce any rule, policy, or practice that grants law enforcement officers the authority or discretion to arrest, threaten to arrest, or interfere with any individual, including any member of the media or member of the public photographing or recording in public places unless that person is threatening the safety of others or physically interfering with the ability of law enforcement to perform their duties.

One of the other orders, directly targeting the County of St. Louis states [pdf]:

IT IS HEREBY ORDERED that Defendant County of St. Louis, Missouri, its officers, agents, servants, employees, attorneys, and all persons under their supervision, or within their control, are permanently enjoined from interfering with individuals who are photographing or recording at public places but who are not threatening the safety of others or physically interfering with the ability of law enforcement to perform their duties.

Of course, this is in Ferguson, Missouri, where people have been gathering all weekend to await the grand jury results concerning officer Darren Wilson, who shot and killed Mike Brown in August, setting off the widespread protests. And, in Ferguson, it seems that basic concepts in law no longer apply — even when courts directly call the police out on them. And, of course, officials in Ferguson have been especially obnoxious towards the press. Beyond just basic stonewalling and threatening/arresting multiple reporters, officials in Ferguson have tried to avoid releasing documents by putting ridiculous price tags on FOIA requests and even requesting a no fly zone to block out press aircraft (while pretending it was for “safety”). Is it really any wonder they’d continue to ignore direct court orders in order to harass and intimidate journalists?



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Comments on “Ferguson Police Arrest Yet Another Journalist, Ignoring Direct Court Orders”

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82 Comments
tqk (profile) says:

Re: Re:

Since the federal court order was that the local police could not arrest a journalist doing their job, the solution is obvious. Arrest the officers involved …

I am not a violent man. However, after repeated judicial orders clearly spelling out what is expected of them, and their continued refusals to comply …

… the police signed a court agreement promising not to interfere with the media …

… a court found that the “5 second rule” that police had made up as part of enforcing a “failure to disperse” law was unconstitutional …

… IT IS HEREBY ORDERED that the [police] shall not enforce or threaten to enforce any rule, policy, or practice that grants law enforcement officers the authority or discretion to arrest, threaten to arrest, or interfere with any individual …

Just shoot the fuckers! This is mob rule, and the mob is the police! Apparently, they’re too stupid to live. Give them their wish and put them out of their misery.

I hate it that it’s apparently come to this. Who hired these goons?!?

Holy damage control, Batman!

Anonymous Coward says:

The police are:
Invading, Occupying, Breaking the Law, Violating the Constitution, using Chemical Warfare, Assault, Kidnapping Citizens (it’s kidnapping if you’re arrested within your legal rights as far as I’m concerned)

Nothing has happened to them.

If I download an MP3 on the internet without paying for it, I go to jail and forfeit my life’s earnings.

Anonymous Coward says:

Wow…FPD already convicted here on only the sketchiest of evidence. Given what previously transpired, it does seem more likely than not that the FPD is well aware of the legal ramifications associated with journalists engaging in the act of news gathering/reporting. Hence, it seems quite likely there is more to this story than just a simplistic “did not disperse when ordered to do so”.

Anonymous Coward says:

Re: Re:

“sketchiest of evidence”?

Have you not been paying attention to what’s been going on in Ferguson over the past three months? This is not a isolated incident: it’s part of a systemic pattern of behavior on the part of the FPD to intimidate and silence journalists, livestreamers, and bloggers. They’ve been threatened. They’ve been gassed. They’ve been arrested. They’ve had their gear confiscated. They’ve been harassed. They’ve been blocked. (Via RFI gear that’s apparently been deployed during the last week or so. There have been multiple confirmed reports of loss-of-signal on the part of people standing in front of advancing FPD.)

So this isn’t some one-off aberration: it’s NORMAL. It’s part of the FPD campaign to make control information and make sure that their narrative — and ONLY their narrative — gets out. Expect more of this. Why not? The FPD has learned that they can break the law over and over and over again with impunity, so why should they stop doing so? Because the Justice Department will send federal marshalls to stop them? Please. While that would be nice, it won’t happen.

What will happen are more smashed phones, more bogus arrests, more beatings, more gassings. Because that’s (pretty much) the only thing that FPD knows how to do. Actually standing up for the law and for the Constitution is as far beyond their pitifully feeble minds as differential equations are beyond my dog.

Mike Masnick (profile) says:

Re: Re:

Hence, it seems quite likely there is more to this story than just a simplistic “did not disperse when ordered to do so”.

That’s from the police themselves.

Look, I know it’s your nature to automatically accept in a kneejerk fashion any authoritarian argument, but you can at least admit here that the police themselves made the claim.

antidirt (profile) says:

Re: Re: Re:

That’s from the police themselves.

Look, I know it’s your nature to automatically accept in a kneejerk fashion any authoritarian argument, but you can at least admit here that the police themselves made the claim.

Yes, they said he failed to disperse. What you’ve failed to explain in your knee-jerk reaction is why they did so. What was he doing that prompted the order? Look, I know you hate authority more than most, but can you not at least admit that maybe they had a good reason?

ottermaton (profile) says:

Re: Re: Re: Re:

What you’ve failed to explain in your knee-jerk reaction is why they did so.

Don’t you think that the FPD should making those explanations? Do you think Mike has a crystal ball or somethin? Why don’t they tell us what else they he was supposedly doing that caused the arrest.

Oh, wait … There must not be anything else or they would have charged him with it

What was he doing that prompted the order? Look, I know you hate authority more than most, but can you not at least admit that maybe they had a good reason?

We know that you just like to cower before your masters and make excuses for them, but can you not at least open your fucking eyes to the blatant and continued corruption that’s going on?

Why do you have to come on here and make pathetically weak knee-jerk arguments about everything?

antidirt (profile) says:

Re: Re: Re:2 Re:

Don’t you think that the FPD should making those explanations? Do you think Mike has a crystal ball or somethin? Why don’t they tell us what else they he was supposedly doing that caused the arrest.

Five seconds of research turned up this: http://www.latimes.com/nation/nationnow/la-na-nn-ferguson-reporter-arrest-20141123-story.html

According to that source, Yingst was with a group that was ordered to disperse because they were blocking traffic. The others dispersed. Yingst and one other did not, and they were arrested. I’m not saying that’s true, but at least it offers an explanation for why he was arrested.

Oh, wait … There must not be anything else or they would have charged him with it

Was he not charged? I honestly don’t know.

We know that you just like to cower before your masters and make excuses for them, but can you not at least open your fucking eyes to the blatant and continued corruption that’s going on?

I don’t cower before my masters. Give me a break. Your tinfoil hat is a bit tight, I suspect.

Why do you have to come on here and make pathetically weak knee-jerk arguments about everything?

How is my pointing out that maybe there’s more to the story a knee-jerk argument?

Anonymous Coward says:

Re: Re: Re:3 Re:

It’s a shame FPD has to put up with all these counter-claims that Yingst wasn’t in the street, but actually on the sidewalk. I wish someone would invent some way to capture a visual record of what actually happened during an arrest… something like a camera that could be worn on the body. We could call it something like, I dunno, a “Body Camera.”

It is interesting that none of the protesters have been recording their demonstrations and interactions with the police. There are all sorts of reasons I can think of that none of the recent questionable arrests have shown up on youtube, but I’d just be guessing.

Anonymous Coward says:

Re: Re: Re:5 Re:

I just don’t understand police objections to cameras. They protect the cops doing their jobs right and save money on settlements for false claims of police abuse. The only reason not to have them is to protect the lowest common denominator morons, who for some reason the unions seem to love.

The technology is too new? Doesn’t stop ’em from using ALPRs, drones, and Stingrays.

Taxpayers wouldn’t want to foot the bill? We foot the bill for, again, ALPRs, drones, and Stingrays.
Even super-discounted MRAPs cost quite a lot in maintenance.

People would misinterpret the video? If citizens already doubt every claim LEOs make, how does misinterpretation make it any worse?

Damn, I just noticed the beginnings of hypergraphia taking hold of a topical digression… so I’ll shut up.

David says:

Re: Re: Re:6 Re:

I just don’t understand police objections to cameras. They protect the cops doing their jobs right and save money on settlements for false claims of police abuse.

On a good team, everybody does what he’s best at and the team gets the reward.

Cameras will drive a wedge between successful good cop/bad cop teams.

Because, let’s be honest: the good cops quit long ago and went looking for a different job before getting friendly fire.

Anonymous Coward says:

Re: Re: Re:7 Re:

Bullshit. Tell you what, there are many, many, many parts of the US and the world where you can go live and never see a cop for weeks. Go live there and fend for yourself. I’m glad I have people protecting me from baked, strong-armed robbers that reach into cars punching police officers.

Anonymous Coward says:

Re: Re: Re:8 Re:

Go live there and fend for yourself.

I have lived there. Have you? Or you just trying to be sarcastic? Because it isn’t working, you just look like an ass.

I’m glad I have people protecting me from baked, strong-armed robbers that reach into cars punching police officers.

Be nice for you to actually link to where that happened. ‘Baked’ tends to mean smoking marijuana, and I’ve yet to meet someone who gets violent when they are smoking weed. Generally it leads to raiding the fridge or ordering up a LOT of pizza.

That One Guy (profile) says:

Re: Re: Re: Re:

What was he doing that prompted the order?

Most likely being a journalist and in possession of the most threatening weapon a cop can face: a camera.

They really, really don’t like people taking pictures and video of them, and the level of contempt they’ve shown towards the press(both official and ‘amateur’) makes it clear ‘in possession of a recording device’ is considered an arrest-able crime in that town according to them..

Anonymous Coward says:

Re: Re: Re:2 Re:

Maybe you are right, but then that is just a guess because there are no facts contained in the article to help you decide one way or the other…and that is precisely the problem here. An accusation is made with equivocation that a court order has been violated, and yet there is no factual background provided upon which the accusation is based. It is possible that the individual who was arrested was being harassed. Then again, it is possible that the individual may have been engaged in more than just gathering and/or reporting the news. As a reader I have no means of determining if the accusation made by the author of the article has any merit.

Anonymous Coward says:

Re: Re: Re: Re:

He is responding to the given communication, which seems a bit too specific. While it is true that this site has a tendency for very opinionated and anti-authority reporting, your reasoning falls flat when it is always the communication that is attacked. You can find the cautious “x was arrested at time y and place z. Current police comments suggest w.” on other sites. This site just represents the situation in a broader view where people on site can make reasonable comments to and where the communication about what happened is analyzed instead of slavishly referring to police source. This approach can lead to sensationalistic articles. Particularly if the news isn’t revisited later.

DigDug says:

Re: Re: Re: Re:

No, it’s the FPD, they don’t have anything remotely like a good or legal argument. The entire FPD appears to be made up of KKK members to allow them to intimidate, rob and murder anyone that isn’t a Caucasian resident of their tiny little township.

Press reporting on their criminal acts? GASP – arrest them and gas them immediately.

That One Guy (profile) says:

Re: Re: Re: Re:

Did you even read the article? The police say he was arrested for ‘failure to disperse’ and that he was on the street at the time. Right after that in the article are three other statements made by others stating that he was on the sidewalk when they arrested him, directly contradicting the police statement.

Telling someone to get out of the road and then arresting them when they refuse is one thing, doing the same when they’re on the sidewalk is quite another.

DigDug says:

Re: Re: Re: Re:

When the order to disperse was an illegal order violating the right to assemble, there’s nothing to be read into it.

It was an illegal act following an illegal act, both illegal acts on the part of the FPD, meaning that the officer should be arrested and indicted on grand treason (violating the constitution during a purported time of war).

antidirt (profile) says:

Re: Re: Re:2 Re:

When the order to disperse was an illegal order violating the right to assemble, there’s nothing to be read into it.

It was an illegal act following an illegal act, both illegal acts on the part of the FPD, meaning that the officer should be arrested and indicted on grand treason (violating the constitution during a purported time of war).

Treason? We should just have all the TD tinfoil-hatters form a firing squad, right?

DigDug says:

Re: Re: Re:3 Re:

Violating the constitution is indeed treason when you use this definition.

“the action of betraying someone or something.”

Betraying the Bill of Rights amended to the Constitution is treason to the Constitution, the HIGHEST law of this nation.

But then I wouldn’t expect you to understand that while you wave your FPD-Nazi flag around.

Anonymous Coward says:

Re: Re: Re:4 Re:

Treason has a very specific definition in the U.S. constitution and betraying the Bill of Rights does not meet that definition.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Anonymous Coward says:

Re: Re:

FDP is just handling the issues as bad as humanly possible. Putting up the “our lawyers say shut up”, as a police department sounds like they feel they have something to hide.

I will bet that after the investigation, the resulting report will conclude that to a certain extend not enough evidence is available to conclusively say what happened and likely the policeman walks without being cleared 100 %. What then?

It is the perfect crap they have baked up! The policemans refusion to step down and the police chief and mayor defending him unquestionably and unrelentingly is actually making him and the citys top look conspiratory. Just a glimmer of humility and the admission that you may be wrong would go a long way. That is just not what has happened.

It is full blown us vs them. The police department versus the citizens. If you are unrelenting in your stance, you are forcing confrontation. Welcome to a local community that will be split for decades to come no matter the result of the investigation…

Michael Price (profile) says:

Re: Re:

” it does seem more likely than not that the FPD is well aware of the legal ramifications associated with journalists engaging in the act of news gathering/reporting.”
Yes specifically there will be no legal ramifications at all for “public servants” who break the law. So they broke the law. It’s amazing how when someone is obviously guilty or obviously innocent of something the people who deny this say “there must have been something more going on”. No, there wasn’t or they’d have said.

Anonymous Coward says:

Re: We know what the Grand Jury verdict will be

Yep, GJ decision made a few hours ago, and no indictment. They’re releasing the evidence presented, but that leaves out how it was presented. Funny thing is, given the law of ham sandwiches, why didn’t the prosecutor just convince the GJ to indict?

After all, if Wilson is so damn innocent then why not just take the case to trial so that everyone can see not only the evidence but also how it is presented to the jury? Sure seems like that would be the best way to avoid this whole mess… that is, if nobody’s trying to hide anything.

ysth (profile) says:

no arrests of individuals! (crucial missing comma there)

I suspect that order should have said:

any individual, including any member of the media or member of the public, photographing or recording in public places unless that person is

instead of:

any individual, including any member of the media or member of the public photographing or recording in public places unless that person is

Mary Ann Ludwig (profile) says:

Police vs Courts

Given that the rent-a-riot folks are unlikely to adhere to any laws, who can be surprised that the police are trying to keep order any way they can. The police know that they are targets of a completely insane crowd that will be throwing rocks, bottles and whatever as soon as the decision is released. Never mind that the Grand Jury has seen all the evidence and will have made a reasoned decision. If it does not go the way the racist crowds want it to go, there will be mayhem. (And, yes, the crowds demanding the punishment, even unto the death of Officer Wilson are the racists here.) Even though justice has been done in a proper form, there are people who cannot accept that. There are people standing by who will happily destroy the property of others no matter what transpires. If the police are a bit jumpy, who can blame them?

Anonymous Coward says:

Re: Police vs Courts

Never mind that the Grand Jury has seen all the evidence and will have made a reasoned decision.

No. The Grand Jury has only seen the evidence provided to the Grand Jury. That’s not ALL the evidence. And it’s not necessarily truthful evidence: FPD has been already caught repeatedly lying about this case.

For example, forensic analysis of the crime scene indicates that Mike Brown was 148 feet — half a football field — away from Darren Wilson’s car when he went down. That directly conflicts with the original report.

See: http://www.dailykos.com/story/2014/11/20/1346374/-BREAKING-VIDEO-Police-Lied-Mike-Brown-was-killed-148-feet-away-from-Darren-Wilson-s-SUV#

(which, by the way, I’ve analyzed in depth and can’t find a problem with)

Your faith in the grand jury process is touching, but totally misplaced. A grand jury, as is frequently pointed out over on PopeHat, will indict a ham sandwich if a prosecutor asks it to. Conversely, it will indict no one if evidence is systemically withheld, altered, forged or faked. And it’s clear that in this case the latter has been the rule, starting from the very beginning — when forensic evidence was destroyed and legally required paperwork (incident report) was never done.

As to the conduct of the protestors, it’s been amazingly restrained in the face of massive provocation by heavily-armed thugs who refuse to respect the law and cowardly refuse to wear their nametags. After the first couple of nights, when non-protesting looters took advantage of the situation, it’s been amazingly quiet. By contrast: far more damage was done in New Hampshire at the Pumpkinfest Riot and in San Francisco (“celebrating” the World Series win). So let’s not pretend for a moment that the pigs, with tanks and MRAPs and automatic weapons and poisonous gas and electric torture devices and body armor and everything else, are in much danger from a crowd armed with signs and slogans.

TMLutas (profile) says:

Re: Police vs Courts

If the police reasonably expect to be overwhelmed by a criminal conspiracy to violate the laws, they should be mobilizing the state militia. That’s the proper response. Having the police violate the law is not the proper response.

When the police are just another criminal gang, it’s time for a higher unit of government to occupy and start arresting officials. That’s not hyperbole. That’s actually historical policy up to today.

The police need to be professional, attempt to size up the likely problem, and if it exceeds the size of what they’re supposed to be dealing with, they’re supposed to call out the militia and step back until the military restores order.

Yes, this is likely to result in more violence against protestors. The Arkansas state guard is not a police force. They aren’t built for nuance. Half the problems we have with the police is that they’re not bowing out when they’re supposed to. They’re covering for the politicians who hire them when the civilian administration loses control of the streets and start acting as paramilitaries instead of police.

This has to stop.

That One Guy (profile) says:

Re: Re: Police vs Courts

A little digging and it looks like I was partially right.

It was the Missouri State Highway Patrol that was sent in, though the calm unfortunately didn’t last long before the police in the area were back to threatening reporters and trying to drive them off.

Turns Out When Police Act Cordial, Rather Than As An Oppressive Military Force, Things Work Out Better
https://www.techdirt.com/articles/20140814/17553728219/turns-out-when-police-act-cordial-rather-than-as-oppressive-military-force-things-work-out-better.shtml

Police In Ferguson Back To Threatening And Arresting Reporters: Tells Them To ‘Get The Fuck Out Of Here’
https://www.techdirt.com/articles/20140817/21503028236/police-ferguson-back-to-threatening-arresting-reporters-tells-them-to-get-fuck-out-here.shtml

That One Guy (profile) says:

Easy to explain

Is it really any wonder they’d continue to ignore direct court orders in order to harass and intimidate journalists?

And uh, how many officers have been fired or even reprimanded due to their actions so far? If memory serves, officer ‘Go Fuck Yourself’ got the can, but I can guarantee that was only because he was caught on tape and easily identifiable, so far the rest of them seem to be able to do anything they want, ignoring any court orders or orders from other parts of the government, and suffer absolutely zero repercussions for their actions.

As such it’s hardly surprising they continue to act this way, they have no reason not to do so.

Anonymous Coward says:

Take a look at this by the investigative journalist and author of “Glenn Greenwald And The Irrelevance Of Electoral Politics” ( https://twitter.com/MintPressNews/status/536875159357898752 ): http://www.endarken.co.nz/diary-of-a-person-of-interest/ Here’s some background on the “Urewera 4″ and the Crown’s attack on Maori indigenous https://www.youtube.com/watch?v=ZMoHzAJjgvs See any parallels? “Dirty Wars” much?

GEMont (profile) says:

Occupying Federal Forces coming to your home town next.

Methinks its quite obvious that the same cops who got that court order to “stand down”, also got a call from the feds telling them they could ignore it with impunity, as it was totally for PR purposes only.

Looks like the Shock Test in Ferguson is going just fine.

The federal fascists should come away from this with a ton of good data on crowd control and information suppression tactics.

Just another day in the conquest of America. Watch it all live on Channel Nine and have another beer!!!

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