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First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Cops.

Cold Highway

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The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative. It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws “abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, “the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.”…
The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. 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 First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press….
In our society, police officers are expected to endure significant burdens caused by citizens’ exercise of their First Amendment rights. See City of Houston v. Hill, 482 U.S. 451, 461 (1987) (“[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.”). Indeed, “[t]he freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”


HELLL ****ING YEA! A small but important ruling no doubt. Of course there will be challenges down the road since the thugerment and its badge licking supporters never go down without a long hard battle. I do hope (even for someone as cynical as me) this is a trend.

First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Cops. | The Agitator
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

I am very pleased to see this. And the reasoning is pretty sound. An important step in protecting our freedoms and ensuring that police are kept honest.

It'll be interesting to see how the Supreme Court strikes this down.

...

Damnnit.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

This ruling should be faxed en masse to every law enforcement agency in the country. The next time some thug with a badge breaks a citizen's camera while cops are beating a homeless man to death, it's lawsuit time. God knows nothing will happen to them for simply killing a citizen. :(
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops

That's true. A lot of the decisions that gutted the fourth amendment came about in pursuit of furthering the war on drugs. A lot of the times when our rights are in conflict with the police is when hunting for contraband is involved.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

I don't know why some cops think they have a right not to be filmed. If they are out in public then they should know that they might be filmed, especially if they are doing their job.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops

what the hell is going on?
gadaffi ousted
earthquake rumbles
hurricane spins chaos
what's next, hell freezes over?

td and i finally agree on something








... maybe i need to re-evaluate my position
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

This is common sense and it fits right into the same logic that allows the police to use dash cams against us.

I live a sheltered life I guess and never have witnessed any police officer being anything other than professional, but them I don't live in a crowded inner City or near a ghetto.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

Not a surprising ruling at all.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops

You are absolutely right.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

The stretch for the imagination involved in this scenario is that the Police think they have unusual powers and special rights. Getting your picture taken doing your job should be a matter of pride, but the fact that they fight this potential action indicates their fear of the general public finding out what they do on video or what they really do. The testimony might not be the same as the video so you suspect what?. Too often the case. Do we need protection from the Police? I think we do! There are lots of good cops, but noone seems to sort out the bad cops. Strong unions? Bad policies? Bad management? Heavy politics?
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

That's true. A lot of the decisions that gutted the fourth amendment came about in pursuit of furthering the war on drugs. A lot of the times when our rights are in conflict with the police is when hunting for contraband is involved.

Spoken like somebody who is ignorant of the Constitution. The fourth amendment is doing just fine.

You think it's been "gutted" because you happen to not like the laws that are being enforced.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

The next time some thug with a badge breaks a citizen's camera while cops are beating a homeless man to death, it's lawsuit time.

So your plan to remedy systemic injustice is to take a police offer to small claims court over a broken camera?
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

What, not one post supporting the cops' right to secrecy while they use enhanced techniques to keep us safe and carry out the war on drugs? Not one?

Finally, something on which we can all agree.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

The stretch for the imagination involved in this scenario is that the Police think they have unusual powers and special rights. Getting your picture taken doing your job should be a matter of pride, but the fact that they fight this potential action indicates their fear of the general public finding out what they do on video or what they really do. The testimony might not be the same as the video so you suspect what?. Too often the case. Do we need protection from the Police? I think we do! There are lots of good cops, but noone seems to sort out the bad cops. Strong unions? Bad policies? Bad management? Heavy politics?

There must be a planetary alignment out there. This might be the first post by DaveFagan I agree with.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

Sorry but I have to laugh when I read this thread. Laugh at all the clueless mindless police haters.

There are thousands upon thousands of police officers on duty at any minute of any day anywhere. Police Officer deaths have been rising dramatically...Officer deaths increased 37% in 2010 are increasing over that so far this year.
Im going to cut this short because to be honest...cops dont care if you like them or not...the hugs they get from the people they help and save and their loved ones more than comepensates for the police bashers that see the miniscule amount of police actions gone wrong in the media.
A large city precinct can have hundreds of calls an hour every day of the week...they get no thanks for the lionshare of those events, many of which threaten their well being, and cop haters want to make big hay over the one incident that finally hits the papers.....shrug, we dont care.
If the day ever comes that YOU or yours really really need a cop and you call...and they dont come...video that.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

Sorry but I have to laugh when I read this thread. Laugh at all the clueless mindless police haters.

There are thousands upon thousands of police officers on duty at any minute of any day anywhere. Police Officer deaths have been rising dramatically...Officer deaths increased 37% in 2010 are increasing over that so far this year.
let's add some context to this statement:
... "Every cop that's slain or otherwise killed in the line of duty is a horrendous situation, but the numbers fluctuate so much percentage-wise because it really is a low-base-rate phenomenon. So even a little movement from one year to the next can produce a high percentage of difference over the previous year," says Lorie Fridell, a criminologist who studies police behavior at the University of South Florida in Tampa. "But it is interesting to note that the slaying of cops has increased, but it's not moving in accordance with the violent crime rate." ...
Why police officer deaths rose 37 percent in 2010 - CSMonitor.com
and here is the real heart of your post:
Im going to cut this short because to be honest...cops dont care ...
now, i took that out of your intended context and emphasized the point i want to make
when cops are aloof and no longer act as if they realize their power is to be used to protect the people, then the current public opinion of leos should not come as a surprise
but then that too, is wrong, because cops have NO obligation to assist the common citizen. the leo's obligation is to his/her employer. and if that local government employer does not actively police the police, then we have authority running out of control
the result is expanding negative opinion of law enforcement personnel by the man on the street

... if you like them or not...the hugs they get from the people they help and save and their loved ones more than comepensates for the police bashers that see the miniscule amount of police actions gone wrong in the media.
A large city precinct can have hundreds of calls an hour every day of the week...they get no thanks for the lionshare of those events, many of which threaten their well being, and cop haters want to make big hay over the one incident that finally hits the papers.....shrug, we dont care.
If the day ever comes that YOU or yours really really need a cop and you call...and they dont come...video that.
often, they never arrive. that is part and parcel of the selective enforcement of the laws, which causes the citizen to believe that the cops may not be on their side. sometimes that is a false perception. but other times, unfortunately, that is a very accurate observation

i get it. cops work in society's sewer every day. they tend to be surrounded by the least among us who need help the most. that work environment would naturally impact the cop's psyche
after 9/11, first responders were exalted in a way i have never seen, in the span immediately after WWII. but that positive glow has been tarnished by their actions - or at least by the actions of a few allowed to remain within their ranks - in the ensuing 10 years
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

let's add some context to this statement:
Why police officer deaths rose 37 percent in 2010 - CSMonitor.com
and here is the real heart of your post:

now, i took that out of your intended context and emphasized the point i want to make
when cops are aloof and no longer act as if they realize their power is to be used to protect the people, then the current public opinion of leos should not come as a surprise
but then that too, is wrong, because cops have NO obligation to assist the common citizen. the leo's obligation is to his/her employer. and if that local government employer does not actively police the police, then we have authority running out of control
the result is expanding negative opinion of law enforcement personnel by the man on the street


often, they never arrive. that is part and parcel of the selective enforcement of the laws, which causes the citizen to believe that the cops may not be on their side. sometimes that is a false perception. but other times, unfortunately, that is a very accurate observation

i get it. cops work in society's sewer every day. they tend to be surrounded by the least among us who need help the most. that work environment would naturally impact the cop's psyche
after 9/11, first responders were exalted in a way i have never seen, in the span immediately after WWII. but that positive glow has been tarnished by their actions - or at least by the actions of a few allowed to remain within their ranks - in the ensuing 10 years

Suuuure ok :) your right of course.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

Sorry but I have to laugh when I read this thread. Laugh at all the clueless mindless police haters.

There are thousands upon thousands of police officers on duty at any minute of any day anywhere. Police Officer deaths have been rising dramatically...Officer deaths increased 37% in 2010 are increasing over that so far this year.
Im going to cut this short because to be honest...cops dont care if you like them or not...the hugs they get from the people they help and save and their loved ones more than comepensates for the police bashers that see the miniscule amount of police actions gone wrong in the media.
A large city precinct can have hundreds of calls an hour every day of the week...they get no thanks for the lionshare of those events, many of which threaten their well being, and cop haters want to make big hay over the one incident that finally hits the papers.....shrug, we dont care.
If the day ever comes that YOU or yours really really need a cop and you call...and they dont come...video that.

How is defending the rights of citizens to record their encounters with police officers now equated with hating police officers? Most are good and honest, but some are not. Those who are not need to be held accountable by the citizenry, and one way to do that is to protect the rights of that citizenry to record their contacts with police officers.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

HELLL ****ING YEA! A small but important ruling no doubt. Of course there will be challenges down the road since the thugerment and its badge licking supporters never go down without a long hard battle. I do hope (even for someone as cynical as me) this is a trend.

First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Cops. | The Agitator

Hopefully this eventually makes it to the supreme court and they rule the same way.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

How is defending the rights of citizens to record their encounters with police officers now equated with hating police officers? Most are good and honest, but some are not. Those who are not need to be held accountable by the citizenry, and one way to do that is to protect the rights of that citizenry to record their contacts with police officers.

The intent of videotaping police officers is not because you feel the love for them..lol..please man ive been around too long....
Too many times the person taking the video conveniently doesnt video THE ENTIRE INCIDENT..and thats why so many of these taping resulit in no disciplinary or charges whatsover.....
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

Sorry but I have to laugh when I read this thread. Laugh at all the clueless mindless police haters.

There are thousands upon thousands of police officers on duty at any minute of any day anywhere. Police Officer deaths have been rising dramatically...Officer deaths increased 37% in 2010 are increasing over that so far this year.
Im going to cut this short because to be honest...cops dont care if you like them or not...the hugs they get from the people they help and save and their loved ones more than comepensates for the police bashers that see the miniscule amount of police actions gone wrong in the media.
A large city precinct can have hundreds of calls an hour every day of the week...they get no thanks for the lionshare of those events, many of which threaten their well being, and cop haters want to make big hay over the one incident that finally hits the papers.....shrug, we dont care.
If the day ever comes that YOU or yours really really need a cop and you call...and they dont come...video that.

Cop haters? Is that what people are who have written posts in favor of the continued legality of videoing cops doing their jobs?

If they are really protecting the public, then they should applaud videos of them doing their duty. They should be happy when a video of them rescuing an elderly woman from a potential mugger goes viral on U Tube.

Why would the police have any more expectation of privacy while on public streets than any of the rest of us have?
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

Cop haters? Is that what people are who have written posts in favor of the continued legality of videoing cops doing their jobs?

If they are really protecting the public, then they should applaud videos of them doing their duty. They should be happy when a video of them rescuing an elderly woman from a potential mugger goes viral on U Tube.

Why would the police have any more expectation of privacy while on public streets than any of the rest of us have?

Just to add, I think that if a cop knows he/she’s being filmed, there will be a greater degree of hesitation in taking aggressive action when he/she believes either themselves or others are in danger.

Whether or not this is a good thing, I suppose could be debatable.

However under the assumption that cops are mostly good, upstanding citizens, I think the videotaping will add no benefit and will maybe hamper a police officer’s ability to act effectively in those split-second life or death decision situations.
 
Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

HELLL ****ING YEA! A small but important ruling no doubt. Of course there will be challenges down the road since the thugerment and its badge licking supporters never go down without a long hard battle. I do hope (even for someone as cynical as me) this is a trend.

First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Cops. | The Agitator


Most excellent news.

Any public servant performing his duties in a public place should be subject to being filmed by the public.... this is one means of keeping them honest.

Any other position is outright Police-Statism.

I am an ex-cop and I endorse this ruling.
 
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Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

The intent of videotaping police officers is not because you feel the love for them..lol..please man ive been around too long....
Too many times the person taking the video conveniently doesnt video THE ENTIRE INCIDENT..and thats why so many of these taping resulit in no disciplinary or charges whatsover.....

I can't speak for others, but my intent would be to ensure that my rights and/or the rights of others would be protected. There is nothing wrong with that. Without the right to record by the citizenry, rogue or badly disciplined cops could easily get away with violating the rights of citizens.
 
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