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  1. #1 First Circuit Court: You Have A Right to Video Record Police 
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    1st Circuit: A Clearly Established First Amendment Right to Film Officers In A Public Space (This Is A Big Deal) Part I

    Right to Record, a website devoted to the legal aspects of recording police officers, has the scoop. A panel of the First Circuit Court of Appeals affirmed the right of citizens to openly record police officers.

    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.” Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’” This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties. Ensuring the public’s right to gather information about their officials not only aids in the uncovering of abuses, but also may have a salutary effect on the functioning of government more generally.

    Read the whole thing. http://www.righttorecord.org/?p=448

    It provides a great discussion of the developing legal landscape, as well as some juicy details — like the fact that the attorney defending the statute for Massachusetts wrote her student note about how the Massachusetts wiretapping law is unconstitutional.

    This decision is a big deal. The case comes from Massachusetts, one of two states (the other being Illinois) that continues to criminalize recording audio in public. It’s the latest in a string of victories against the Massachusetts wiretapping law that has become a useful tool for police who want to shield their actions from public scrutiny. A Massachusetts District Attorney recently refused to proceed with charges against a woman who recorded a vicious police beating, the D.A. declaring that police officers have no reasonable expectation of privacy while on duty and in public. Cop Block founders Pete Eyre and Adam Mueller were just acquitted on felony wiretapping charges for openly recording their encounter with police officers Massachusetts.

    http://www.cato-at-liberty.org/first...rd-the-police/
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  2. #2  
    Best Bounty Hunter in the Forums fettpett's Avatar
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    "Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings..." Patrick Henry
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  3. #3  
    Senior Member DumbAss Tanker's Avatar
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    Excellent news, those laws are a ready-made tool for a police state. They have got to go.
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  4. #4  
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    Quote Originally Posted by megimoo View Post
    1st Circuit: A Clearly Established First Amendment Right to Film Officers In A Public Space (This Is A Big Deal) Part I

    Right to Record, a website devoted to the legal aspects of recording police officers, has the scoop. A panel of the First Circuit Court of Appeals affirmed the right of citizens to openly record police officers.

    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.” Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’” This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties. Ensuring the public’s right to gather information about their officials not only aids in the uncovering of abuses, but also may have a salutary effect on the functioning of government more generally.

    Read the whole thing. http://www.righttorecord.org/?p=448

    It provides a great discussion of the developing legal landscape, as well as some juicy details — like the fact that the attorney defending the statute for Massachusetts wrote her student note about how the Massachusetts wiretapping law is unconstitutional.

    This decision is a big deal. The case comes from Massachusetts, one of two states (the other being Illinois) that continues to criminalize recording audio in public. It’s the latest in a string of victories against the Massachusetts wiretapping law that has become a useful tool for police who want to shield their actions from public scrutiny. A Massachusetts District Attorney recently refused to proceed with charges against a woman who recorded a vicious police beating, the D.A. declaring that police officers have no reasonable expectation of privacy while on duty and in public. Cop Block founders Pete Eyre and Adam Mueller were just acquitted on felony wiretapping charges for openly recording their encounter with police officers Massachusetts.

    http://www.cato-at-liberty.org/first...rd-the-police/
    This is unlikely to impress the same police officers who detain, annoy, harass, trump up charges against, and generally trample the civil rights of US citizens keeping and bearing arms.

    Seriously, I'm going to call them the Nuremberg Crowd or "NC's" for short. Everyone below chief claims to be "just following orders" and everyone else claims that someone above him has instructed him to violate the civil rights of the people.

    Oh, and let's not forget the Capital Police and Sgt. Kathy "I slap videographers at lemonade sales" Bignotti.
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  5. #5  
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    Quote Originally Posted by Novaheart View Post
    This is unlikely to impress the same police officers who detain, annoy, harass, trump up charges against, and generally trample the civil rights of US citizens keeping and bearing arms.

    Seriously, I'm going to call them the Nuremberg Crowd or "NC's" for short. Everyone below chief claims to be "just following orders" and everyone else claims that someone above him has instructed him to violate the civil rights of the people.

    Oh, and let's not forget the Capital Police and Sgt. Kathy "I slap videographers at lemonade sales" Bignotti.
    A class action or a few massive civil lawsuits Represented by a major Constitutional Law firm should change a few minds..
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  6. #6  
    Senior Member txradioguy's Avatar
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    And what happens when some idiot like the DUmmie RagingInMiami pulls a stunt like this and ends up getting killed or worse yet gets a cop killed?

    Who o you think the family of the mental midget that thought it would be cool to harass cops doing traffic stops with his handy cam are gonna blame and file lawsuits again because their idiot son/daughter is dead.

    What's next? Random civilians showing up on military installations demanding they have the "right" to whip out their camera phones and start filming our TTP's?

    Some dude with an iPhone showing up at an FBI raid claiming he has the "right" to record their takedown of a drug dealer or kidnapper?
    In Memory Of My Friend 1st Sgt. Tim Millsap A Co, 70th Eng. Bn. 3rd Bde 1st AD...K.I.A. 25 April 2005

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    The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.
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  7. #7  
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    Quote Originally Posted by txradioguy View Post
    And what happens when some idiot like the DUmmie RagingInMiami pulls a stunt like this and ends up getting killed or worse yet gets a cop killed?
    People do stupid stuff with or without a video camera in their hands. The police have the authority to insist that the public remain at a safe distance from an arrest or stand-off scene. What they do not have is a right to privacy in a public place or to insist that the public remove to a distance at which the public cannot effectively observe and hopefully deter illegal behavior on the part of the police.

    Quote Originally Posted by txradioguy View Post
    Who o you think the family of the mental midget that thought it would be cool to harass cops doing traffic stops with his handy cam are gonna blame and file lawsuits again because their idiot son/daughter is dead.

    People do stupid stuff with or without a video cam in hand. People also sue for all sorts of real and imaginary torts.

    Quote Originally Posted by txradioguy View Post

    What's next? Random civilians showing up on military installations demanding they have the "right" to whip out their camera phones and start filming our TTP's?
    Military bases are public property reserved for a special use. The "public street" or "public square" guarantees do not apply there and as such, this scenario is not an issue. However, the public can legally videotape anything they can see from the sidewalk outside the gate or from the public side of a chain link fence as long as the intent is not to commit treason. The military would be pretty stupid (or smart as the case might be) to allow anything of interest to be visible from the public sidewalk.
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    Quote Originally Posted by Novaheart View Post
    This is unlikely to impress the same police officers who detain, annoy, harass, trump up charges against, and generally trample the civil rights of US citizens keeping and bearing arms.

    Seriously, I'm going to call them the Nuremberg Crowd or "NC's" for short. Everyone below chief claims to be "just following orders" and everyone else claims that someone above him has instructed him to violate the civil rights of the people.

    Oh, and let's not forget the Capital Police and Sgt. Kathy "I slap videographers at lemonade sales" Bignotti.
    Do you even know what you are talking about?? How is this even tangentially associated with anything that resembles the Nurnberg Laws?
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  9. #9  
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    Quote Originally Posted by Nubs View Post
    Do you even know what you are talking about?? How is this even tangentially associated with anything that resembles the Nurnberg Laws?
    Superior orders
    From Wikipedia, the free encyclopedia
    Superior orders (often known as the Nuremberg defense or lawful orders) is a plea in a court of law that a soldier not be held guilty for actions which were ordered by a superior office.[1] The superior orders plea is similar to the doctrine of respondeat superior in tort law where a superior is held liable for the actions of a subordinate, and the subordinate may escape liability.[2] Some legal scholars and war crimes tribunals will correlate the plea to the doctrine of respondeat superior; whereas others will distinguish the plea from the doctrine of respondeat superior.

    The superior orders plea is often regarded as the complement to command responsibility.[3]

    One of the most noted uses of this plea, or "defense," was by the accused in the 1945–46 Nuremberg Trials, such that it is also called the "Nuremberg defense".
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  10. #10  
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    Quote Originally Posted by Novaheart View Post
    People do stupid stuff with or without a video camera in their hands. The police have the authority to insist that the public remain at a safe distance from an arrest or stand-off scene. What they do not have is a right to privacy in a public place or to insist that the public remove to a distance at which the public cannot effectively observe and hopefully deter illegal behavior on the part of the police.
    There is also the the fact these people hoping to film the next Rodney King will be guilty of interference with normal execution of their regularly assigned duties of the police officers.

    For someone who claims to be Liberal and doesn't believe in abolsute right and wrong only millions of shades of gray you're sure willing to condemn all cops as guilty of harassment of anyone they pull over the minute they flash their lights.

    Oh and nice of you to totally deflect away from my question about what if one of these Junior Michael Moores gets themselves or an officer killed because they think they have the "right" to film a cop making an arrest.



    People do stupid stuff with or without a video cam in hand. People also sue for all sorts of real and imaginary torts.
    Still doesn't answer the question.


    Military bases are public property reserved for a special use. The "public street" or "public square" guarantees do not apply there and as such, this scenario is not an issue. However, the public can legally videotape anything they can see from the sidewalk outside the gate or from the public side of a chain link fence as long as the intent is not to commit treason. The military would be pretty stupid (or smart as the case might be) to allow anything of interest to be visible from the public sidewalk.
    For now they don't apply. But we're starting down a slippery slope with this silly decision. It's not much of a leap for people that think they have the "right" to videotape police in the execution of their duties to feel they have justification to do the same with the military as well.
    In Memory Of My Friend 1st Sgt. Tim Millsap A Co, 70th Eng. Bn. 3rd Bde 1st AD...K.I.A. 25 April 2005

    Liberalism Is The Philosophy Of The Stupid

    To Achieve Ordered Liberty You Must Have Moral Order As Well

    The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.
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