DIY History | Transcribe | Campus Culture | Student protests, May-December 1971 | 1971-05-18 Des Moines Register Article: ""Reporter Gets Iowa City Fine""

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Student protests, May-December 1971

1971-05-18 Des Moines Register Article: ""Reporter Gets Iowa City Fine""

DMR 5/18/71

REPORTER GETS IOWA CITY FINE

BY Larry Eckholt 
(Register Staff Writer)

IOWA CITY, IA.- A newspaper reporter covering recent student disorders here was found guilty in Iowa City Police Court Monday of "failing to comply with the lawful order of a police officer."
The reporter Thomas C. Walsh, 20, of the Iowa City Press-Citizen , was fined $100 and court costs. He and a news photographer were arrested about 12:30 a.m. May 6 while standing with a group of newsmen who also were reporting the disturbances during which downtown windows were smashed. 
In finding Walsh guilty, Police Judge Joseph Thornton said that "police had a duty (that night) to clear the streets" so everyone still on the streets was subject to arrest. 
After Walsh's hearing, Thornton said his ruling meant that once a police order is given to clear the streets during a "civil uprising," newsmen who cover such events "do it in peril"
Testimony in Walsh's hearing showed that after a night of window smashing by several hundred demonstrators. police issued an order for the downtown streets and the University of Iowa campus to be cleared.
As the "sweeping" operations of the police were ending, testimony showed, a group of newsmen gathered at a bus being used to transport those arrested to the Civic Center here for processing. 
Walsh testified he was near the bus to see how many persons had been arrested that night. 
Iowa City Police Officer James Clark testified that he was ordered to clear the streets that night. 
Walsh and two other newsmen testifying in Walsh's behalf stated that Clark's order was to "move along" Each newsman testified he interpreted Clark's order to mean to clear the area near the bus. 
John Avery, a news photographer for the Associated Press, testified he and other newsmen moved up the street about 10 to 20 feet so that no one was obstructing the way of a law officer.
A few minutes later, Clark returned, saying that Walsh and Rick Larson, a freelance news photographer with Iowa Press Association credentials, were under arrest for not clearing the area, testimony showed, 
Walsh and Larson originally were charged with "disorderly conduct." Ten minutes before Walsh's hearing was to have begun Monday, that charge was dismissed and a new one - "Failing to comply with a lawful order of a police officer" - was filed against him.
Walsh's attorney, William Tucker of Iowa City, said he was "absolutely astounded" that the charge against Walsh was charged at that time. 
Tucker argued that the new charge is written under the traffic ordinances of the local municipal code. As such, Walsh was not guilty of obstructing any traffic by gathering news information for his newspaper, Tucker argued. 
Walsh was released on bond pending possible appeal proceedings by his lawyers.

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DMR 5/18/71 REPORTER GETS IOWA CITY FINE BY Larry Eckholt (Register Staff Writer) IOWA CITY, IA.- A newspaper reporter covering recent student disorders here was found guilty in Iowa City Police Court Monday of "failing to comply with the lawful order of a police officer." The reporter Thomas C. Walsh, 20, of the Iowa City Press-Citizen , was fined $100 and court costs. He and a news photographer were arrested about 12:30 a.m. May 6 while standing with a group of newsmen who also were reporting the disturbances during which downtown windows were smashed. In finding Walsh guilty, Police Judge Joseph Thornton said that "police had a duty (that night) to clear the streets" so everyone still on the streets was subject to arrest. After Walsh's hearing, Thornton said his ruling meant that once a police order is given to clear the streets during a "civil uprising," newsmen who cover such events "do it in peril" Testimony in Walsh's hearing showed that after a night of window smashing by several hundred demonstrators. police issued an order for the downtown streets and the University of Iowa campus to be cleared. As the "sweeping" operations of the police were ending, testimony showed, a group of newsmen gathered at a bus being used to transport those arrested to the Civic Center here for processing. Walsh testified he was near the bus to see how many persons had been arrested that night. Iowa City Police Officer James Clark testified that he was ordered to clear the streets that night. Walsh and two other newsmen testifying in Walsh's behalf stated that Clark's order was to "move along" Each newsman testified he interpreted Clark's order to mean to clear the area near the bus. John Avery, a news photographer for the Associated Press, testified he and other newsmen moved up the street about 10 to 20 feet so that no one was obstructing the way of a law officer. A few minutes later, Clark returned, saying that Walsh and Rick Larson, a freelance news photographer with Iowa Press Association credentials, were under arrest for not clearing the area, testimony showed, Walsh and Larson originally were charged with "disorderly conduct." Ten minutes before Walsh's hearing was to have begun Monday, that charge was dismissed and a new one - "Failing to comply with a lawful order of a police officer" - was filed against him. Walsh's attorney, William Tucker of Iowa City, said he was "absolutely astounded" that the charge against Walsh was charged at that time. Tucker argued that the new charge is written under the traffic ordinances of the local municipal code. As such, Walsh was not guilty of obstructing any traffic by gathering news information for his newspaper, Tucker argued. Walsh was released on bond pending possible appeal proceedings by his lawyers.