Recording Equipment Returned to Reporter

(© 2009 American Public Media)

By Amanda Damiano

A WAMU reporter has been given back the memory card from his recording device, according to an Associated Press article discussed on First Amendment Center (Freedom Forum).

Radio reporter David Schultz attended a public forum on April 7 at the Veterans Affairs Department in Washington. The program provided an outlet for veterans to express their concerns with their healthcare.

According to the post, when Schultz invited one veteran into the hallway for a recorded interview, a hospital public affairs officer demanded that he turn over his recording equipment if he and the veteran did not sign consent forms to conduct the interview on VA property. Fearing his arrest, Schultz handed over his recording equipment.

The Associated Press reported that VA spokeswoman Katie Roberts said the VA stepped in "to protect the privacy" of their patients. Yet after calls from lawyers for WAMU and journalist groups, as well as letters of protest from the Reporters Committee for Freedom of the Press and the Radio-Television News Directors Association, the VA returned Schultz’s recording equipment.

Questions:

-Based on Chapter 18 "Newsgathering" by Charles N. Davis from W. Wat Hopkins’ Communication and the Law, would the VA be considered public or private property?

-If you were representing Schultz, what would be your best argument?