A protestor wears a flag decorated with the name of Freddie Gray during a demonstration outside City Hall, Wednesday, April 29, 2015, in Baltimore.
Editor’s Note: Shawn Carrié, an independent journalist, has written for MintPress News in the past, but he was not on assignment for MintPress at the time of his arrest or assault in Baltimore.
BALTIMORE — Shawn Carrié, an independent journalist, who has worked with outlets like Vice News, was arrested in Baltimore on Monday while reporting on events in the streets. He was released after spending 49 hours behind bars without any charges against him.
Free. 49 hours, released with no charges. #BaltimoreRiots #FreddieGray
— Shawn Carrié (@shawncarrie) April 30, 2015
Look who I found @shawncarrie …. pic.twitter.com/ikcdJo3shq
— Not Lemon’s Shorty (@fergusonstream1) April 29, 2015
Carrié’s forehead was still visibly bruised on Wednesday, reportedly the result of being hit by a rubber bullet prior to his arrest. It’s unclear from Twitter reports whether Carrié was on assignment for any outlet at the time of his arrest or assault. Prior to his arrest, his last tweet reported clashes between police and protesters at a mall in Northwest Baltimore on Monday afternoon. His allies learned of his arrest after he stopped tweeting:
https://twitter.com/KWRose/status/593475677237727233
Meanwhile, Tuesday night marked the first night of a citywide curfew in Baltimore, part of the state of emergency declared by Maryland Gov. Larry Hogan. Starting at 10 p.m., residents were directed to clear the streets. But police took to social media to reassure journalists that they were exempt from these rules:
Credentialed members of the MEDIA are exempt from the emergency curfew. Please use caution in the area of police enforcement.
— Baltimore Police (@BaltimorePolice) April 29, 2015
The First Amendment clearly upholds the right of a free press to act without restrictions. The Supreme Court has upheld every person’s right to act as press or film police actions and public events in the United States, regardless of whether they work for a major media outlet.
Journalist @ShawnCarrie was shot in face w/rubber bullet & arrested yesterday, still not released. #BaltimoreUprising pic.twitter.com/HbxQEc37y4
— Keegan Stephan (@KeeganNYC) April 29, 2015
But many citizen journalists and livestreamers reported being hit by rubber bullets and tear gas as curfew fell:
Multiple livestreamers reporting Baltimore police are shooting projectiles directly at journalists, possibly pepper balls. #FreddieGray
— Jenna Pope (@MikiTakesPhotos) April 29, 2015
Brandon Weigel, an editor for the free weekly City Paper, took refuge in a Baptist Church after he and a colleague were gassed:
.@baynardwoods and I both got gassed pretty bad. Taking refuge in Baptist church we mentioned before.
— Brandon Weigel (@brandon_weigel) April 29, 2015
Street medic very helpful. Told her I was media and she thanked me for being here. "They'd fuck us up worse if you weren't."
— Brandon Weigel (@brandon_weigel) April 29, 2015
Counter Current News reported on several other incidents which took place Saturday, including one in which police tackled a City Press photographer to the ground as witnesses shouted out that he was a journalist:
Yesterday, the police assaulted a photographer. Now, this is violence. Baltimore. #FreddieGray https://t.co/JKPlyMTTzz
— deray mckesson (@deray) April 26, 2015
While it would be tempting to focus solely on the clear violations of the First Amendment represented by the above incidents, it’s important to remember that the same amendment to the Constitution protects more than just journalists — it also states that no law may interfere “with the right to peaceably assemble.” The laws do not protect violence, property damage or even acts of peaceful civil disobedience, but citizens are allowed to gather and air their grievances at any time without permission of the government.
While curfews have been successfully enforced for many reasons, such as controlling youth crime, The First Amendment Center emphasizes that, “Such ordinances have survived only because they exempt activities protected under the First Amendment.”
It remains to be seen whether arrests from Baltimore’s curfew or other actions taken as a result of the protests will be tested in the courts as possible free speech violations. In October, a federal judge overturned a rule forcing protesters to constantly keep moving that had previously been enforced at protests in Ferguson, Missouri. This was just one of several constitutional violations in Ferguson highlighted by Slate last August.
In the aftermath of Mike Brown’s death at the hands of Darren Wilson, Tony Rothert, of the ACLU of Missouri, told MSNBC: “In many ways, the First Amendment has been suspended in Ferguson.”
The curfew in Maryland is slated to last a week, but only time will tell when Baltimore residents will regain their full constitutional rights.