The NYPD is considering changes to the rules regarding when it can suspend or revoke the credentials it issues to members of the press.

For many New York City journalists, an official NYPD press pass is key to doing their day-to-day jobs. The plastic cards signify that a reporter has been vetted by the police department in exchange for easier access to things like government press conferences, courtrooms, and emergency situations where police or firefighters have set up a barricade. But NYPD officers are also given broad discretion to confiscate a journalist’s press pass on the spot.

The new rules stem from a 2015 federal lawsuit brought against the department by photographer J.B. Nicholas, whose press pass was confiscated while covering a deadly Midtown building collapse for the New York Daily News. But the announcement about the proposed changes came in after several months of anti-police brutality protests sparked by the killing of George Floyd in Minneapolis, during which NYPD officers publicly clashed with and threatened to revoke credentials of journalists covering the demonstrations. Since then, some media outlets and elected officials have criticized the proposed changes, arguing that the NYPD should no longer be in charge of issuing press credentials in the first place.

“They go too far,” said Manhattan Borough President Gale Brewer at a press conference earlier this week. “They give too much authority and credence to a department that has been very reticent to be transparent and cooperative with journalists.”

(In 2011, Gothamist hired civil rights attorney Norman Seigel after the NYPD repeatedly rejected its reporters’ applications for press credentials. After eight years of stonewalling, the NYPD finally agreed to issue credentials to Gothamist reporters in 2012.)

Elected officials have proposed a few options for agencies to take over issuing press credentials. New York Attorney General Letitia James has recommended the city’s Department of Consumer Affairs; Comptroller Scott Stringer, who is running for mayor, has suggested that City Hall should be responsible for vetting reporters; and Manhattan City Councilmember Keith Powers tweeted that he is considering legislation that would transfer the responsibility of distributing press passes to another agency.

In its proposal, the department says the changes would outline criteria determining when an NYPD-issued pass may be suspended or revoked, and clarify the procedures for hearings during which the journalist can seek to have their pass returned. But while Nicholas thinks the new rules are still too broad, he says it’s a big improvement from the current way of doing things, where the only information reporters have is a note on the back of their press pass stating that it may be “taken away by competent authority at any time.”

“This pins the cops down to specific, defined rules that are published, and not secret, and everyone can know and understand,” Nicholas said. (Disclosure: Nicholas has reported freelance stories for Gothamist.)

Other journalists disagree. During Tuesday’s hearing, photojournalist Stephanie Keith testified that the way police treated reporters during the height of the George Floyd protests makes her feel unsafe knowing that any officer can confiscate her press pass—the key to her job—at any time. She said she wants the rule changes to go further, and include barring cops from being able to take press credentials on the spot.

“It is guided by an emotional response by the police officer, rather than a clear-headed response that could come when not in a volatile moment,” Keith testified.

Angus Mordant, a photographer, testified that he had hoped the new rules would provide more protections for journalists working in the field, but believes the proposed changes would make it easier for officers to take press passes, and harder for journalists to get them back.

“The changes to the allowed reasons for revocation and to the hearing process clearly show the police believe members of the media are guilty until proven innocent,” Mordant testified. “I believe these changes fundamentally infringe upon our constitutional rights as journalists and need to be thrown in the trash and entirely rewritten in consultation with working members of the media.”

Another photojournalist, Robert Stolarik, said that over his 20 years reporting in New York City, he has often heard police officials and mayors refer to the press cards being a privilege, not a right. But he noted that freedom of the press is enshrined in the First Amendment of the U.S. Constitution, and the NYPD should not decide who gets to be protected while covering breaking news events, like protests.

“In essence, we are giving away the very freedom of the press if we allow the police department to make determinations of who is worthy to bear witness to events,” Stolarik testified.

The NYPD must review the testimony and any suggestions made to the rule changes before issuing its final decision. A police spokesperson declined to comment on the proposed rules, nor the calls that they no longer control the credentialing process.