Editing Daily Collegian (section)

==== Arrest of photographer ====
A riot broke out in downtown [[State College, Pennsylvania]] on October 25, 2008, after no. 3 [[Penn State Football]] defeated no. 10 [[Ohio State Buckeyes football|Ohio State Football]] 13-6.<ref>{{cite web|url=https://www.sports-reference.com/cfb/boxscores/2008-10-25-ohio-state.html|title=Penn State at Ohio State Box Score, October 25, 2008|website=College Football at Sports-Reference.com}}</ref> ''Daily Collegian'' photographer, Michael Felletter, was on assignment documenting the riot when he was arrested by police officers after he allegedly did not comply with orders to leave the area.<ref name="Schmelzlen">{{cite web|url=https://www.collegian.psu.edu/archives/article_1aec4769-a0fb-54a3-8615-d41909172ce2.html|title=Photographer receives misdemeanor charges|first=Heather|last=Schmelzlen|website=The Daily Collegian|date=7 November 2008 }}</ref><ref>{{cite web|url=https://www.collegian.psu.edu/archives/article_0b0a1d60-f6f8-52ad-8b1f-bc493c8e64b7.html|title=Students plead guilty in riot case|first=Laura|last=Nichols|website=The Daily Collegian|date=9 December 2009 }}</ref> Felletter was charged with failure to disperse, a second-degree misdemeanor, and [[disorderly conduct]], a third-degree misdemeanor.<ref>{{cite web|url=http://www.collegemediamatters.com/2008/11/09/daily-collegian-photographer-charged-in-riot-at-psu/|title=Daily Collegian Photographer Charged in Riot at PSU|date=November 9, 2008}}</ref>

Police alleged Felletter's presence had caused the crowd to become more exuberant, excited, and destructive.<ref name="Schmelzlen"/> Felletter alleged that officers expressed no problem with him being there and that he was only asked to leave the scene of the riot once by an officer Argiro. Felletter denied police charges that he refused to leave the scene when asked. He alleged the same officer Argiro threatened him with pepper spray and arrest, and when he continued to take pictures of Argiro over his shoulder as he was leaving the scene.<ref>{{cite web|url=https://splc.org/2008/11/penn-state-photographer-faces-misdemeanor-charges-after-covering-riot-for-school-paper/|title=Student Press Law Center &#124; Penn State photographer faces misdemeanor charges after covering riot for school paper|date=November 19, 2008|website=Student Press Law Center}}</ref>

Felletter was represented [[pro bono]] on behalf of the [[American Civil Liberties Union]].<ref>{{cite web|url=https://ncac.org/news/blog/charges-refiled-against-student-photographer|title=Charges Refiled Against Student Photographer|first=Katie|last=Fowley|date=January 30, 2009}}</ref> Centre County District Attorney, Michael Madeira, claimed that the case centered around Felletter's refusal to obey a police order and not around the First Amendment or the photographer's journalistic activity.<ref>{{cite web|url=https://www.shubinlaw.com/charges-against-student-photographer-likely-to-be-re-filed/|title=Charges Against Student Photographer Likely to Be Re-filed -|date=March 3, 2009}}</ref> The [[Judiciary of Pennsylvania|Magisterial District Judge]] Carmine Prestia dismissed Felletter's disorderly conduct charge saying the crowd's actions were not Felletter's fault. The judge also dismissed all of the counts of failure to disperse but one, saying a sole charge was sufficient claiming the press is not above the law.<ref>{{cite web|url=https://www.collegian.psu.edu/archives/article_8381bd24-57b3-5a7f-b1ca-248f471c57b7.html|title=Judge reduces charges in case|first=Mandy|last=Hofmockel|website=The Daily Collegian|date=5 March 2009 }}</ref>

Felletter lawyer argued coverage of the riot was valuable to both citizens and the government and that these charges violated the [[second amendment]]. Felletter lawyer cited the State College Police use of Felletter's photographs in facilitating the identification of others involved in the riot who were ultimately prosecuted.<ref>{{cite web|url=https://www.collegian.psu.edu/archives/article_80918f44-2d5f-5179-955d-cdc8983aedc9.html|title=Motion: Charge unconstitutional|first=Ryan|last=Pfister|website=The Daily Collegian|date=23 April 2009 }}</ref> Centre County Judge David E. Grine dismissed the remaining charge, failure to disperse, against the photographer citing "unclear" evidence. Grine ruled it is uncertain whether Felletter's compliance with police orders to "move along" was adequate when he moved from the street to sidewalk. Additionally, Grine blamed the rioters for their behavior—not Felletter, according to the ruling.<ref name="auto3">{{cite web|url=https://www.collegian.psu.edu/archives/article_0331fe18-5ed3-54a2-b437-ad092e0b4f49.html|title=Remaining charge dismissed|first=Kevin|last=Cirilli|website=The Daily Collegian|date=23 July 2009 }}</ref> After initially requesting an appeal, Centre County District Attorney Stacy Parks Miller filed a motion to drop the appeal.<ref>{{cite web|url=https://www.collegian.psu.edu/archives/article_e6f5caee-3b6b-5ce0-9699-db5430485ba9.html|title=Case against photographer dropped by DA|first=Greg|last=Galiffa|website=The Daily Collegian|date=15 March 2010 }}</ref>