WASHINGTON - April 16 - The National Press Club is demanding assurances from the U.S. Attorney General and the U.S. Marshals Service that they will uphold basic press freedoms for reporters "doing their constitutionally protected jobs."

NPC President Sheila Cherry expressed deep concern over the actions of U.S. Deputy Marshal Melanie Rube who forced two reporters to erase recordings of an April 7 speech by Supreme Court Justice Scalia at a high school in Mississippi.

In her letter to Justice Scalia, Cherry thanked him for later apologizing to the reporters, but questioned why it is still his personal policy to prohibit radio and television coverage of his remarks. "Electronic correspondents are entitled to the same First Amendment protections as print journalists," she wrote.

In letters to Attorney General John Ashcroft, U.S. Marshals Service Director Benigno Reyna and Nehemiah Flowers, U.S. Marshal for the Southern District of Mississippi, Cherry said "we are alarmed because the action abuses basic press freedoms."

Cherry wrote that "we are disappointed that the deputy marshal ignored and violated both the Privacy Protection Act and longstanding Department of Justice guidelines."

Writing on behalf of the NPC's nearly 4,000 reporters, public information officers and regular news sources, Cherry noted that "ignoring this serious issue could erode precious press freedoms that are the foundation of our democracy."

President Cherry's letters are below.

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April 12, 2004

Mr. Justice Scalia

The Supreme Court of the United States

Washington, D.C. 20543

Dear Mr. Justice:

On behalf of the National Press Club, I commend your recent decision to reverse your ban on the use of tape recorders by reporters covering your public speeches. In addition, the National Press Club respectfully requests that you reconsider your decision not to alter your personal policy prohibiting radio and television journalists from also recording your comments for broadcast.

In an April 9 letter to the Reporter's Committee for Freedom of the Press, you made clear that you were not happy with a U.S. marshal's seizure and erasure of two reporters' tape recordings of a speech you made at a Hattiesburg, Miss., high school. You also indicated you would tell those who handle your security that, even though they do not fall under your supervision, they should be aware of your revised preference regarding tape recordings.

We greatly appreciate those actions but hope you will consider that electronic correspondents are entitled to the same First Amendment protections as print journalists. As professional journalists, we of course would respect your right to make off- the-record remarks if you and your hosts agree to do so. But since you have agreed that your on-the-record remarks can be recorded and written down by print reporters, then radio and TV reporters should be allowed the same access.

The National Press Club's nearly 4,000 reporters, editors, public-information officers and news sources hope you will reconsider this position. If you disagree, we would appreciate hearing your rationale. And we thank you again for your swift and strong response to the Hattiesburg incident.

Sincerely,

Sheila Cherry

President

National Press Club

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April 9, 2004

Benigno G. Reyna

Director, United States Marshals Service

Washington, DC 20530-1000

Dear Director Reyna:

The National Press Club is deeply concerned about Deputy U.S. Marshal Melanie Rube forcing two reporters to erase recordings of a speech by Supreme Court Justice Antonin Scalia at Presbyterian Christian High School on April 7, 2004. Rube, according to press reports, forced journalists with The Associated Press and The Hattiesburg American to erase their audiotapes.

We are alarmed because the action abuses basic press freedoms. More specifically, the forced erasure violates the Privacy Protection Act, U.S.C. 2000aa (a), which, except in extremely limited cases, exempts the press against law enforcement searches and seizures of tape recordings, notes, documents and other materials collected during newsgathering. As far as we know, the journalists in this case did not commit crimes, nor did the seizure prevent death or serious bodily injury, two circumstances which would have justified seizure.

We are also concerned that the erasure took place without the consultation of Attorney General Ashcroft. Department of Justice guidelines (28 C.F.R. 50.10) require that all department employees get approval of the Attorney General before forcing a reporter to turn over materials. We are disappointed that the deputy marshal ignored and violated both the Privacy Protection Act and longstanding Department of Justice guidelines in dealing with reporters who were simply doing their constitutionally protected jobs.

On behalf of the National Press Club's nearly 4,000 reporters, public information officers and regular news sources, I strongly urge you to do all in your power to ensure that all employees of the Justice Department understand and adhere to the Privacy Protection Act and the Department's own guidelines and how they relate to the news media. Ignoring this serious issue could erode precious press freedoms that are the foundation of our democracy.

Sincerely,

Sheila Cherry

President

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April 9, 2004

Nehemiah Flowers

U.S. Marshal, Southern District of Mississippi

James C. Eastland Courthouse Building

245 E. Capitol St., Suite 305

Jackson, MS 39201

Dear Marshal Flowers:

The National Press Club is deeply concerned about Deputy U.S. Marshal Melanie Rube forcing two reporters to erase recordings of a speech by Supreme Court Justice Antonin Scalia at Presbyterian Christian High School on April 7, 2004. Rube, according to press reports, forced journalists with The Associated Press and The Hattiesburg American to erase their audiotapes.

We are alarmed because the action abuses basic press freedoms. More specifically, the forced erasure violates the Privacy Protection Act, U.S.C. 2000aa (a), which, except in extremely limited cases, exempts the press against law enforcement searches and seizures of tape recordings, notes, documents and other materials collected during newsgathering. As far as we know, the journalists in this case did not commit crimes, nor did the seizure prevent death or serious bodily injury, two circumstances which would have justified seizure.

We are also concerned that the erasure took place without the consultation of Attorney General Ashcroft. Department of Justice guidelines (28 C.F.R. 50.10) require that all department employees get approval of the Attorney General before forcing a reporter to turn over materials. We are disappointed that the deputy marshal ignored and violated both the Privacy Protection Act and longstanding Department of Justice guidelines in dealing with reporters who were simply doing their constitutionally protected jobs.

On behalf of the National Press Club's nearly 4,000 reporters, public information officers and regular news sources, I strongly urge you to do all in your power to ensure that all employees of the Justice Department understand and adhere to the Privacy Protection Act and the Department's own guidelines and how they relate to the news media. Ignoring this serious issue could erode precious press freedoms that are the foundation of our democracy.

Sincerely,

Sheila Cherry

President

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April 9, 2004

The Hon. John D. Ashcroft

United States Attorney General

Department of Justice

950 Pennsylvania Ave., NW

Washington, DC 20530

Dear Mr. Attorney General:

The National Press Club is deeply concerned about Deputy U.S. Marshal Melanie Rube forcing two reporters to erase recordings of a speech by Supreme Court Justice Antonin Scalia at Presbyterian Christian High School on April 7, 2004. Rube, according to press reports, forced journalists with The Associated Press and The Hattiesburg American to erase their audiotapes.

We are alarmed because the action abuses basic press freedoms. More specifically, the forced erasure violates the Privacy Protection Act, U.S.C. 2000aa (a), which, except in extremely limited cases, exempts the press against law enforcement searches and seizures of tape recordings, notes, documents and other materials collected during newsgathering. As far as we know, the journalists in this case did not commit crimes, nor did the seizure prevent death or serious bodily injury, two circumstances which would have justified seizure.

We are also concerned that the erasure took place without your consultation. Department of Justice guidelines (28 C.F.R. 50.10) require that all department employees get approval of the Attorney General before forcing a reporter to turn over materials. We are disappointed that the deputy marshal ignored and violated both the Privacy Protection Act and longstanding Department of Justice guidelines in dealing with reporters who were simply doing their constitutionally protected jobs.

On behalf of the National Press Club's nearly 4,000 reporters, public information officers and regular news sources, I strongly urge you to do all in your power to ensure that all employees of the Justice Department understand and adhere to the Privacy Protection Act and the Department's own guidelines and how they relate to the news media. Ignoring this serious issue could erode precious press freedoms that are the foundation of our democracy.

Sincerely,

Sheila Cherry

President

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