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Court says public has right to video police in public places(First Circuit)
universalhub.com ^ | 26 August, 2011 | adamg

Posted on 08/29/2011 9:15:51 AM PDT by marktwain

A Boston lawyer suing the city and police officers who arrested him for using his cell phone to record a drug arrest on the Common won a victory today when a federal appeals court said the officers could not claim "qualified immunity" because they were performing their job when they arrested him under a state law that bars audio recordings without the consent of both parties.

In its ruling, which lets Simon Glik continue his lawsuit, the US Court of Appeals for the First Circuit in Boston said the way Glik was arrested and his phone seized under a state wiretapping law violated his First and Fourth Amendment rights:

The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative. It is firmly established that the First Amendment's aegis extends further than the text's proscription on laws "abridging the freedom of speech, or of the press," and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, "the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw." ...

Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs."

The court noted that past decisions on police recording had involved fulltime reporters, but said the First Amendment does not apply just to professional news gatherers.

Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.

The court continued that while exercise of these rights do come with limits in certain circumstances, an arrest on the Boston Common, "the oldest city park in the United States and the apotheosis of a public forum," is not one of them.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: citizen; constitution; police; record; recordcops; recordpolice
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A link to the complete ruling is at the site.

It should always be legal to audio or video record public officials in the public performance of their public duties.

1 posted on 08/29/2011 9:15:55 AM PDT by marktwain
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To: marktwain

If the police have done nothing wrong, then they have nothing to fear from their actions being recorded. The police have recorders in their vehicles. They can’t have it both ways. If they can record us, then we can rcord them.


2 posted on 08/29/2011 9:19:23 AM PDT by from occupied ga (your own government is your most dangerous enemy)
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To: marktwain

It is for their own safety.


3 posted on 08/29/2011 9:19:52 AM PDT by School of Rational Thought ("The proposition that the government is always right is manifested either in corruption or benefits)
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To: marktwain
"Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw."

I honestly believe "citizen journalists/bloggers will eventually save the republic by breaking the stranglehold the progressives have on disseminating the news!

4 posted on 08/29/2011 9:20:16 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: marktwain

One tiny step back from the abyss.


5 posted on 08/29/2011 9:21:06 AM PDT by rockrr (Everything is different now...)
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To: marktwain

Ok, so recording the police in a public area is permitted.

What about recording security at an airport? Is the airport considered public, or would this be like recording security routines in a bank?


6 posted on 08/29/2011 9:22:21 AM PDT by Hodar ( Who needs laws; when this FEELS so right?)
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To: from occupied ga

This was a good ruling. The rules on this need to be crystal clear so LEOS will have to stop this nonsense.


7 posted on 08/29/2011 9:23:22 AM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
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To: marktwain

Not just Police Officers, ALL public officials.


8 posted on 08/29/2011 9:24:34 AM PDT by celmak
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To: Clump
This was a good ruling. The rules on this need to be crystal clear so LEOS will have to stop this nonsense.

Agreed.

9 posted on 08/29/2011 9:24:56 AM PDT by from occupied ga (your own government is your most dangerous enemy)
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To: Hodar
How in the world would anyone know you were recording security at the airport. Are they going to check every phone. That Jeannie is already out of the bottle.
10 posted on 08/29/2011 9:28:55 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: marktwain
It should always be legal to audio or video record public officials in the public performance of their public duties.

I have long been convinced that Pennsylvania's very restrictive wiretap laws were written specifically to protect politicians and their conversations with mafia bag men.
11 posted on 08/29/2011 9:38:29 AM PDT by Buckeye McFrog
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To: org.whodat

What do you need a phone for? There are 4GB high resolution cameras you can buy that look and work like fountain pens.


12 posted on 08/29/2011 9:41:00 AM PDT by sniper63 (Ever wonder why they call themselves Hamas, but don't eat pork?)
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To: Mad Dawgg

I’ll take it a step further. It has always amazed me that, with the constitution worded the way it is, that anyone could seriously suggest that somehow members of the press had more rights in areas like this than the rest of us.

Also, this is another nail in the MSM monopoly’s coffin.


13 posted on 08/29/2011 9:41:19 AM PDT by cuban leaf
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To: marktwain
Bravo! That's one for true freedom!

Mike

14 posted on 08/29/2011 9:43:12 AM PDT by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: sniper63

LOL, Jeannie is out of the bottle. Anyone that thinks they can controls his stuff is sick


15 posted on 08/29/2011 9:46:46 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: Mad Dawgg
I honestly believe "citizen journalists/bloggers will eventually save the republic by breaking the stranglehold the progressives have on disseminating the news!

Amen!

16 posted on 08/29/2011 9:48:23 AM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: Mad Dawgg

INDEED.

however, I’d like to see all of us call them what they are in every mention of such:

REGRESSIVES

They have regressed back to Soddom and Gomorrah.


17 posted on 08/29/2011 9:49:24 AM PDT by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: School of Rational Thought

“It is for their own safety.”

So what about the safety of the citizenry? This crap about the primacy of “their safety uber alles” needs to be addressed. Aside from actually interfering directly with law enforcement, there should be no strictures on video and audio recording of the cops in action. No cop should be able to interfere with an interested bystander who is recording their actions and there needs to be clear laws regarding this practice together with legal penalties for any LEO abridging that right.


18 posted on 08/29/2011 9:53:05 AM PDT by vette6387 (Enough Already!)
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To: Mad Dawgg
I honestly believe "citizen journalists/bloggers will eventually save the republic by breaking the stranglehold the progressives have on disseminating the news!

Exactly. You could say it started with the refusal to enforce the "Fairness Doctrine" by libertarians appointed by Ronald Reagan. Then the Internet, developed by the military (Advanced Research Projects Agency, now Defense Advanced Research Projects agency DARPA), has destroyed the near monopoly on disseminating information that was developed by the MSM under Roosevelt during WWII.

19 posted on 08/29/2011 9:54:16 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: cuban leaf
It has always amazed me that, with the constitution worded the way it is, that anyone could seriously suggest that somehow members of the press had more rights in areas like this than the rest of us.

Moi aussi.

ML/NJ

20 posted on 08/29/2011 10:01:42 AM PDT by ml/nj
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