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Mass. Court Says Constitution Protects Filming On-Duty Police

Even in a country and a world where copyright can be claimed as an excuse to prevent you from taking a photo of a giant sculpture in a public, tax-paid park, and openly recording visiting police on your own property can be construed as illegal wiretapping, it sometimes seems like the overreach of officialdom against people taking photos or shooting video knows no bounds. It's a special concern now that seemingly everyone over the age of 10 is carrying a camera that can take decent stills and HD video. It's refreshing, therefore, to read that a Federal Appeals Court has found unconstitutional the arrest of a Massachusetts lawyer who used his phone to video-record an arrest on the Boston Common. (Here's the ruling itself, as a PDF.) From the linked article, provided by reader schwit1: "In its ruling, which lets Simon Glik continue his lawsuit, the U.S. Court of Appeals for the First Circuit in Boston said the wiretapping statute under which Glik was arrested and the seizure of his phone violated his First and Fourth Amendment rights."

1 of 473 comments (clear)

  1. Re:Great News! by yog · · Score: 0, Flamebait

    Ask any cop. Situations are not black-and-white out there; they require tremendous judgement calls, more than should be expected of anyone. When cops overreact and reach for their gun for self-protection, or draw a nightstick to subdue someone they suspect of violence, it can be construed as undue violence and it is, technically. But it's also a way to ensure their own safety. If criminals--real hardened criminals who would blast a hole in your liberal head for your wallet--knew that cops were totally bound to the rules, there'd be a lot more crime out there. It's reality, sorry to say.

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    it's = "it is"; its = possessive. E.g., it's flapping its wings.