Skip to comments.First Amendment Right to Record the Police Performing Their Duties in Public
Posted on 05/19/2012 6:26:33 AM PDT by marktwain
The U.S. Justice Department opined May 14 that the First Amendment does secure such a right, reaffirming a January letter that I had missed. Recording governmental officers engaged in public duties, the letter reasons, is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of law enforcement officers.
The letter, addressed to the Baltimore Police Department based on the Departments past interference with such recording, is consistent with the Seventh Circuits May 8 decision in ACLU v. Alvarez (which it doesnt cite) and the First Circuits decision in Glik v. Cunliffe (which it does cite, together with some other cases).
Sure you have right to do it. But that doesn’t mean there won’t be unauthorized repercussions.
If one does this, just try driving on a public road without getting pulled over...Hell, just try walking down a public road with being accused of public drunkenness or something far worse.
Not that “unauthorized repercussions” from law “enforcement” would ever happen...no, never.
Can somebody please tell me what in the world is this pussy afraid of? A citizen?
“Can somebody please tell me what in the world is this pussy afraid of?”
Looks like some good old-fashioned irrational exuberance going on there.
With all the accoutrements, I guess the guy logically shouldn’t be afraid of ‘nuttin’.
Are you sure that’s a “guy” - and not a “gal” — or, even, a “gay”? Whatever it is, it certainly looks “skeert”...
Important as it is, privacy is secondary.
Abuse of the power the police is given is rampant, and must be contolled, sooner, rather than later.
The common first sign of trouble is when cops in or out of uniform, claim, "That is against the law and I will have to arrest you if you don't stop."
Most decent cops (the majority) agree with us, even though they may not be able to say it publicly.
Once the federal courts and US DOJ have certified such activities as being protected under the First Amendment, violations will indeed have repercussions:
United States Code, Title 18, section 241 -- Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.