Portantino Keeps Promise to Amend Controversial Journalist Access Bill

By Justin HAGER

State Senator Anthony Portantino followed through on his commitment to work with North Coast Senator Mike McGuire to amend SB 98, fulfilling a promise made by the two.

The bill is authored by McGuire and co-authored by Portantino. It seeks to ensure journalists have access to public assemblies and other free speech activity by extending existing state protections for journalists working in disaster areas to also apply to journalists covering civil disturbances such as demonstrations, marches, protests or rallies.

It became a hotbed of controversy on May 20, after a proposed amendment would have required journalists to seek law enforcement command authorization to enter closed-off areas. The amendment prompted a firestorm of activity, including an open letter dated June 1 from a coalition of California journalists that included the Los Angeles and Orange County Press Clubs, The National Press Photographers Association, the National Writers Union, both the Northern and Southern California chapters of the Society of Professional Journalists, and more. Many of those same organizations had previously endorsed the bill as it sought to expand access for journalists and curb instances of police interference with the free press.

“This amendment may actually restrict existing press freedoms rather than expand them, turning this bill on its head and into something that hurts the very people it was written to help,” the letter stated. “An amendment added by the Senate Appropriations Committee on May 20, 2021 would require journalists to seek permission of a police commander to enter closed areas around protests – a hurdle that doesn’t currently exist under state law.” The letter also included language declaring the coalition’s intent to oppose the legislation if necessary, stating: “But as now amended, we must withhold any endorsement and are prepared to actively oppose SB 98 until its intent to protect journalists is restored.”

McGuire and Portantino responded three days later with a statement that read, “As the author and co-author of SB 98, we are committed to making the bill a strong measure that protects press freedom. Press access to first amendment events is critical to the future of our democracy.

“To that end, we have agreed to fix the problem and amend the bill back to its original form. We’ll complete this action in the bill’s first Assembly committee.

We remain vigilant in our shared commitment to put this critical bill on the Governor’s desk.”

A new set of amendments was introduced by McGuire and Portantino on June 17 that rolled back the requirement for command authorization. The bill now awaits a hearing in the Assembly Public Safety Committee.