2008 Woodie Awards
Photographer fights law, defends Constitution
By: Thomas Marcetti
Issue date: 10/15/07 Section: Voices
- Page 1 of 1
A criminal trespassing conviction may not seem like a big deal to some people.
But for photojournalist Jeffrey Sauger, the relatively-small infraction represents the fight for freedom of speech.
"As inconsequential as this is, in the big picture, it is an attack against the Constitution," he said. "Without the Constitution we don't have an America."
After going through six trial postponements, two judges and two prosecutors, Sauger was convicted Sept. 28 of criminal trespassing.
Nearly two years ago, Sauger, a former Central Michigan Life photographer from Royal Oak, was arrested while on assignment for the European Pressphoto Agency at a neo-Nazi rally and counter-demonstration in Toledo.
Sauger said he was offered to have the charges dismissed if he signed a waiver saying the city of Toledo did nothing wrong.
"They did do something wrong," he said. "Those are my rights under the constitution."
Journalism faculty member Kent Miller said all U.S. citizens are guaranteed freedom of the press, freedom of speech and freedom of assembly.
"There is the same amount of constitutional protection for a reporter, photographer or anyone on the street," he said.
Detroiter Jim West was working for the magazine Intelligence Report and also was arrested that day.
West was arrested in an official "media area" and was acquitted for failure to disperse at the same time Sauger was convicted.
Sauger also was in the media area, but was arrested for trespassing because he did not have the proper credentials.
Sauger said he asked police officers and other photographers on the site about the credentials and was told he did not need any.
"I was told I didn't need one on four different instances by four different officers," he said. "At that point I just decided to do what I came there to do."
Both West and Sauger said they were arrested after photographing a group of police officers riding horses through the crowd.
Miller said the actions of the Toledo Police Department were appalling.
"It appears that the officers picked on photographers for fear that their potentially illegal actions would be recorded," he said.
Tim Boudreau, assistant journalism professor, said the case indicates the TPD were using selective enforcement.
Boudreau said he did not have intimate knowledge of the case, but it seemed like the police were upset Sauger was photographing their tactics.
He said it is a way of intimidating the press.
"Even if you (the photographer) win you'll think about it next time," Boudreau said. "You'll stop and wonder 'Is this worth it?'"
Miller said, in the wake of Sept. 11, this type of infringement on freedom of the press will continue or escalate.
"It is very sad," he said. "People like Jeffrey Sauger are working to maintain the liberties we all once enjoyed."
news@cm-life.com
But for photojournalist Jeffrey Sauger, the relatively-small infraction represents the fight for freedom of speech.
"As inconsequential as this is, in the big picture, it is an attack against the Constitution," he said. "Without the Constitution we don't have an America."
After going through six trial postponements, two judges and two prosecutors, Sauger was convicted Sept. 28 of criminal trespassing.
Nearly two years ago, Sauger, a former Central Michigan Life photographer from Royal Oak, was arrested while on assignment for the European Pressphoto Agency at a neo-Nazi rally and counter-demonstration in Toledo.
Sauger said he was offered to have the charges dismissed if he signed a waiver saying the city of Toledo did nothing wrong.
"They did do something wrong," he said. "Those are my rights under the constitution."
Journalism faculty member Kent Miller said all U.S. citizens are guaranteed freedom of the press, freedom of speech and freedom of assembly.
"There is the same amount of constitutional protection for a reporter, photographer or anyone on the street," he said.
Detroiter Jim West was working for the magazine Intelligence Report and also was arrested that day.
West was arrested in an official "media area" and was acquitted for failure to disperse at the same time Sauger was convicted.
Sauger also was in the media area, but was arrested for trespassing because he did not have the proper credentials.
Sauger said he asked police officers and other photographers on the site about the credentials and was told he did not need any.
"I was told I didn't need one on four different instances by four different officers," he said. "At that point I just decided to do what I came there to do."
Both West and Sauger said they were arrested after photographing a group of police officers riding horses through the crowd.
Miller said the actions of the Toledo Police Department were appalling.
"It appears that the officers picked on photographers for fear that their potentially illegal actions would be recorded," he said.
Tim Boudreau, assistant journalism professor, said the case indicates the TPD were using selective enforcement.
Boudreau said he did not have intimate knowledge of the case, but it seemed like the police were upset Sauger was photographing their tactics.
He said it is a way of intimidating the press.
"Even if you (the photographer) win you'll think about it next time," Boudreau said. "You'll stop and wonder 'Is this worth it?'"
Miller said, in the wake of Sept. 11, this type of infringement on freedom of the press will continue or escalate.
"It is very sad," he said. "People like Jeffrey Sauger are working to maintain the liberties we all once enjoyed."
news@cm-life.com
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