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

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

    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
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    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.

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    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.

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    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



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

    Quote Originally Posted by TurtleDude View Post
    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.
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    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.
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    Re: First Circuit Panel Says There’s a Clear Constitutional Right To Openly Record Co

    Quote Originally Posted by TurtleDude View Post
    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








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    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.

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

    Not a surprising ruling at all.

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

    Quote Originally Posted by TurtleDude View Post
    end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops
    You are absolutely right.

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