First Circuit Court of Appeals Rules that Citizens Can Videotape Police
August 31, 2011 1:33 PM
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The filming of government officials while on duty is protected by the First Amendment, said the Court
The First Circuit Court of Appeals reached a crucial decision last Friday allowing the public to videotape police officers while they're on the clock.
The decision comes after a string of incidents where individuals have videotaped police officers and were arrested. Police officers across the United States believed citizens didn't have the right to videotape them as they conducted official duties, but issues like police brutality put the issue up for debate.
One instance where a citizen was arrested for videotaping an officer was when Khaliah Fitchette, a law-abiding teenager from New Jersey, boarded a bus in Newark. Two police officers boarded the bus as well to remove a drunken man. Fitchette began taping the police officers because of how they were handling the man, and a police officer instructed her to stop recording them. When Fitchette refused,
she was arrested
and placed in the back of a cop car for two hours while the officers took her phone to delete the video. Fitchette was then released, but she and her mother then filed suit against the Newark Police Department with the New Jersey chapter of the American Civil Liberties Union (ACLU).
Another example involves Simon Glik, a passerby on the Boston Common. He used his cell phone to tape police officers when the Boston police were punching a man. Citizens surrounding the scene were saying, "You're hurting him." Glik never interfered with the police officers' actions, but recorded the entire incident. The police officers ended up charging Glik with violating a wiretap statute that prohibits secret recording, even though the police officers admitted that they knew Glik was recording them. He was also charged with disturbing the peace and aiding the escape of a prisoner.
While all charges against Glik were dropped due to lack of merit, he still decided to join forces with the ACLU and file a civil rights suit to prevent a similar incident from occurring with others.
On Friday, August 26, 2011, the First Circuit Court of Appeals, which is New England's highest federal court just below the U.S. Supreme Court,
ruled that citizens are allowed to videotape law officials
while they conduct official duties.
The city's attorneys made the argument that police officers should have been exempt from a civil rights lawsuit in the first place in this case because the law is unclear as to whether there's a "constitutionally protected right to videotape police" conducting their daily duties in public.
"The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity].," said the Court. "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 added that the police officers should have understood this all along, and that
videotaping public officials
is not limited to the press.
"Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw," the Court continued. "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 concluded that police officers are to expect to deal with certain "burdens" as citizens practice First Amendment rights, but that there needs to be a healthy balance between police officers being videotaped while acting irresponsibly and the harassment of officers with recording devices while they're conducting their duties responsibly.
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Correct ruling, wrong merits..
9/2/2011 2:05:10 AM
While I am relieved that such a decision was handed down, I have no idea at all how this is protected under the first amendment (besides being very loosely based on the right to petition and protest). I understand fully that the federal court must use only federal statutes and the constitution to rationalize it's decision, but I feel this ruling is a bit ambiguous and could easily become under fire in the future..
The single most obvious reason for the ruling would be the simple fact that police officers while on duty are operating in a public capacity. Every single action of theirs is considered public record -- exactly why they have to spend hours each shift doing paperwork. So under the reason of common sense alone, anything a police officer does while on duty is public record. It is completely legal for dash-cams to record any possible perpetrator, so isn't it obvious the same protections work both ways..?
A simple personal example, the last time I was visiting my birthplace San Francisco (last spring), I happened upon such an occurrence that required a public eye. As I was walking up lower Haight, I happened upon a pair of beat cops harassing a mother and her children (ages ranging in the teens). The cops obviously had no just cause, and proceeded to search all the kids as I was walking up. As I approached, I exclaimed 'hey! what's going on here?!'. I started giving them hell, loudly gathering public attention as I approached. The cops were mostly confused as to why I was getting involved (atypical for your modern californian yuppy), and the second I pulled out my cellphone to start recording -- they instantly took off. I know, I could have easily been the one to end up in jail that day, but I for one would have gladly taken that hit on the matter of principle alone. Fear to speak out against oppression is as bad as the oppression itself -- 'an injustice anywhere, is an injustice everywhere'.
One of the most famous cases, the oakland BART station occurrence... the single worst fact to me was that everyone was recording it on their cell phones, but nobody was willing to stop that rent-a-cop as he shot that poor kid execution style (sure, they are the authority -- but they exist only to PROTECT and SERVE). The small riots after the fact were also a disappointment. A kid got killed for no reason... if I was there, I'd burn that BART station down to the ground.
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