Third Rail Media US's video: FilmLA permits Documentaries and the First Amendment

Is is it constitutionally legal for FilmLA to require documentary productions to get a commercial film permit - or risky arrest by the Los Angeles Police Department under LA municipal code? This question was raised by Third Rail Media journalist Mike Skiff at a National Press Photographer Association (NPPA) panel on "The Right to Photograph & Record in Public". According to LA Municipal Code 12.22, it is a criminal misdemeanor - punishable by jail time and fines - to film in the city of Los Angeles without a commercial film permit or to in abuse of that permit. Excluded from this statute is news media. FilmLA claims documentary filming is NOT journalism, requiring a commercial permit like narrative films, music videos, car commercial and Reality entertainment. While panelist LAPD Commander Andrew Smith seemed unaware of this law's impact to documentary filming, referring further comment to the City Attorney's office, attorney Jean Paul Jassy expresses disbelief, stating: "...the fact that that mentioned documentary filmmaking, that wouldn't necessarily be blocking off any space or anything like that...um, I...just don't see how that can be squared with the First Amendment, frankly. And it would be fun to take a test case on that," The panel was moderate by NPPA General Counsel Mickey H. Osterreicher. April 17, 2014 - Denton Hall Auditorium, LAPD Central Division