eventually revised to remove any reference to the Centre Daily Times and the Daily Collegian on July 8, 2010. Judge Thomas Kistler told The Philadelphia Inquirer, "It was never anybody's intention to restrict [the papers].” Kistler Acknowledged the strong protections given the news media by the First Amendment, saying, "I can't tell them what to do." Kistler claimed court officials had not noticed that the newspapers were on the list of expungement orders sought by lawyer Amendola. "It was a breakdown under the rush of the system," Kistler said. 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 Football 13-6. 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. Felletter was charged with failure to disperse, a second-degree misdemeanor, and disorderly conduct, a third-degree misdemeanor. Police alleged Felletter's presence had caused the crowd to become more exuberant, excited, and destructive. 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. Felletter was represented pro bono on behalf of the American Civil Liberties Union. 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. The 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. 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. Centre County Judge David E. Grine dismissed the remaining charge,