First Amendment Rights: New Ruling on Recording Police

First Amendment Rights: New Ruling on Recording Police

www.videomaker.com

Your First Amendment Rights – New rulings states you can’t get arrested for videotaping police, politicians, and other government officials.

You’ve read many stories right here in Videomaker and other publications about someone with a camcorder witnessing a confrontation with police and these witnesses holding that camcorder do what anyone would – they record the act. They might not know what or why the confrontation is about, but by recording the action, in some cities or states, they were considered accessories to a crime or participating in criminal activity. Some states, such as

(visit the link for the full news article)

An excerpt from the August 26, 2011 Appeal From the United States District Court for the District of Massachusetts ruling, states:

“In this interlocutory appeal, the defendant police officers challenge an order of the district court denying them qualified immunity on Glik’s constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause. We therefore affirm.”

This issue has come up on ATS many times. I hope this is a definitive answer for all those involved in media or are just casual taxpaying citizens with a camera phone recording corruption, brutality or acts of heroism by public officials. Know your rights!!!

Many times I have been told to stop filming with the threat of jail. I always stress that discretion should be used when filming any dangerous or confrontational event; and to avoid being arrested I always stop and move well away and zoom in.

www.videomaker.com
(visit the link for the full news article)

reply to post by whaaa


That's awesome! Does that mean that people can get compensation for being arrested/beaten up/abused/ and/or threatened by the police for doing so in the past?

Hopefully some sweet lawsuits come of this....

The courts finally hit a single. Too many strike outs lately..(corporations are individuals ring a bell? )

Never should have been an issue.. but at least when it did become an issue..they got it right.

Peace

I read the article but I'm still confused, it said Federal ruling but then I seen it came from a MA court. Illinois has wiretapping laws as well and is one of the handful of states you can not voice record, does this mean I am free to film now as well?

Wow, this is awesome, I hope this is real, and about time.

This is going to go a long ways in reducing police abuse.

This is what it takes to control these out-of control, state by state governments who just make up the bloody rules as they go.

It's about time the capitol started doing it's bloody job and controlled these muppets. I wish they would do this kind of thing more often.

These 'local' governing bodies are very good at eroding our rights to suit their own twisted and often greed motivated agendas. This is why we have Washington, they are supposed to keep these shennanigans in check.

It's great to see the system actually working for once.

This is landmark stuff!
Finally somebody got something right.

The issue has been allowed to fester too long already.Many people have had their rights abused by camera shy cops.
SMILE!

www.abovetopsecret.com...

already posted

Originally posted by wiandiii
www.abovetopsecret.com...

already posted

It's in a different thread section. You can post the same material in a different place.

This information needs to be disseminated all over the place, don't you agree?

No worries though, I gave you F&S...........

Originally posted by Helious
I read the article but I'm still confused, it said Federal ruling but then I seen it came from a MA court. Illinois has wiretapping laws as well and is one of the handful of states you can not voice record, does this mean I am free to film now as well?

Afaik Illinois is the only one who hasn't determined that the mob protection act cannot be enforced if there is no expectation of privacy. They've been challenged on federal level because of that but I haven't heard any updates yet. So I'd be carefull.

This is a victory in the drive towards transparency in society.

I have tried so hard to figure out how videotaping and filming is considered wiretapping, and still can't understand how some people can arrive at such a conclusion. Let's hope there are no future attempts at undermining this particular right to videotape.

Is there an official document we can print out, and carry in our wallets? Given the idiots who work in law enforcement, I highly doubt they'd be aware of this change in law, or actually the courts upholding the original law, and honor it even if they did, and would try to take advantage of you anyway unless you can provide proof. Many cops don't correctly enforce laws as it is.

reply to post by MysticPearl


Im with this guy, anything physical we can carry?

reply to post by MysticPearl


Im with this guy, anything physical we can carry?

Finally a small step in regaining our rights as human beings. Police should welcome a video record of their encounters and their actions, if they are honest..... only a dishonest cop would oppose this.