Slashdot Mirror
Federal Appeals Court: You Have a Constitutional Right to Film Police Officers in Public (slate.com)
On Friday, a panel of judges for the 3rd U.S. Circuit Court of Appeals unanimously ruled that the First Amendment protects individuals' right to film police officers performing their official duties. From a report: The 3rd Circuit now joins the 1st, 5th, 7th, 9th, and 11th Circuits in concluding that the Constitution guarantees a right to record. No federal appeals court has yet concluded that the First Amendment does not safeguard the right to film law enforcement officers conducting police activity in public. Friday's decision involved two instances in which the Philadelphia police retaliated against citizens attempting to film them. In the first incident, a legal observer named Amanda Geraci tried to film police arresting an anti-fracking protester when an officer pinned her against a pillar, preventing her from recording the arrest. In the second, a Temple University sophomore named Richard Fields tried to film police officers breaking up a house party when an officer asked him whether he "like[d] taking pictures of grown men" and demanded that he leave. When Fields refused, the officer arrested and detained him, confiscating his phone and looking through its photos and videos. The officer cited Fields for "Obstructing Highway and Other Public Passages," although the charges were dropped when the officer failed to appear at a court hearing. Geraci and Fields filed civil rights suits against the officers who interfered with their filming attempts.
What's that phrase I always hear them say?
Ignorance of the law is not a valid legal defense?
Interesting how it only goes one way.
Selective editing of one sided videos is a real threat to cops and anyone not protected by their own videos. The ghetto lottery has become a regular cottage industry about this kind of abuse. I have no problem with holding cops responsible for mistakes and wrong doing, but many edited video payoff demands have been clearly shown to withhold crucial information too.
I'm sure there is an invasion of privacy reflex, that of course, is misplaced.
I found it very interesting in the primaries someone tried to do this to Trump and his campaign had extensive videos, derailing an attempt by provocatuers. Oopsie.... a good lesson for all of us.
We get to be extra jumpy and fearful around a carrying but otherwise normal black guy, an officer doesn't. If he is, he's not fit for duty.
That is not the standard. The standard is that being jumpy and fearful is not a valid reason to shoot someone, whether you are a cop or not. Remember, although many states interfere with your constitutional rights (I'm looking at you, my home state of California) you have a constitutional right to keep and bear arms. And with that right comes the responsibility to not shoot people just because you find them to be scary.
Of course, in our society it remains permissible to shoot someone because they are black and you are scared, and that is shit
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
I believe the U.S. Military standards for behavior and conduct are more stringent than local police departments. Obviously, there are exceptions but it's rare to find a LEO who isn't an authoritarian asshole. Yep, they have a tough job but when they are still authoritarian assholes in their own offices or in a place where weapons are not allowed (except on the LEOs hip), serving and protecting can be accomplished without all the assholery. I had a job where I had to interact with LEOs quite often. I lost all respect for the LEO profession very quickly and basically gave up trying to be friendly and moving towards a strictly business demeanor after one year. Most eventually became more aggressive and sarcastic for the next year I was on the job. At this point any time I deal with LEOs, I use a voice recording app on my phone as a safeguard ... likely a useless safeguard but at least I have evidence of their behavior that I can turn into a written transcript.