Balancing Operational Challenges of Law Enforcement with First Amendment Rights
Mickey Osterreicher and Mike Parker are a unique team presenting an informative and lively program about the rights and limitations of journalists and citizens to photograph and record police officers performing their official duties in public. The discussion will include First, Fourth, and Fourteenth Amendment rights, search and seizure, exigent circumstances, qualified immunity, media-crowd management, and prohibitions against the destruction or deletion of files and recordings, all within the framework of departmental policies. A discussion of case law supporting these rights tempered by valid time, place, and manner restrictions will include the most recent cases and rulings as well as compliance with U.S. Department of Justice (USDOJ) Statements of Interest.
During this webinar, the presenters will discuss:
- the need for clear, written policies covering all aspects of police-press interaction coupled with robust and continuous training
- the importance of bring journalists & officers together for joint meetings to help foster open lines of communication
- Improved understanding of each other’s concerns, roles, and responsibilities to help press and police perform their societal functions during tense moments in the community and nation.
Mickey H. Osterreicher serves as general counsel to the National Press Photographers Association (NPPA). He is an award-winning photojournalist with over forty years of experience in print and broadcast and has been a uniformed reserve deputy sheriff with the Erie County Sheriff’s Office (ECSO) since 1976.
Osterreicher was a member of the IACP Public Recording of Police advisory committee and helped draft the manuals and provide training on this issue. He has also instructed at numerous annual IACP and National Sheriffs Association (NSA) meetings and provided training on this subject to many law enforcement agencies nationwide. He is an instructor with ILEETA and the Daigle Law Group and is certified under the National Incident Management System (NIMS).
In 2017 he was named Reserve Deputy of the Year by the ECSO and Erie County Deputy Sheriff’s Badge and Shield Club. The Society of Professional Journalists (SPJ) honored him in 2015 as a “Fellow of the Society,” the highest professional honor given by the Society for extraordinary contribution to the profession.
Mr. Osterreicher graduated cum laude in 1973 from SUNY at Buffalo with a Bachelor of Science degree in Photojournalism/Photography and received his Juris Doctor, cum laude from the University of Buffalo Law School in 1998. He is admitted to practice in New York State and several jurisdictions around the country including the U.S. Supreme Court.
Michael Parker created and implemented the internal and external communications and social media strategy for the Los Angeles County Sheriff’s Department (LASD) from 2009-2014. After 32 years of service, he retired in 2017 as Commander of the LASD Personnel and Training Command, with oversight of Recruitment, Testing, Backgrounds, and Hiring, in addition to Recruit and Advanced Officer Training. 1,040 sheriff’s deputies and 143 police officers graduated the Sheriff’s Academy in his last two years with the LASD. He has published more than 100 articles and presented at 100 conferences to policing and government officials from hundreds of agencies and 58 countries. In 2012 he received the “Community Preparedness Heroes Award” from the Federal Emergency Management Agency (FEMA), and in 2013 he received the “Community Preparedness and Resilience Champions of Change Award” from the White House. In 2016, he received a U.S. Attorney’s Office Law Enforcement Award for a Multijurisdictional Social Media Criminal Investigation. He has presented six times over the past eight years at the annual Harvard Labor and Worklife Police Union Leadership program. He is now an independent consultant with The Parker Group.