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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.”
end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops
end the idiotic war on drugs-get rid of most of the abuse of citizens by the cops
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.
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.
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?
let's add some context to this statement: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.
Why police officer deaths rose 37 percent in 2010 - CSMonitor.com... "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." ...
now, i took that out of your intended context and emphasized the point i want to makeIm going to cut this short because to be honest...cops dont care ...
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... 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.
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
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.
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
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.
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?
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
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.....
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