Showing posts with label reblog this. Show all posts
Showing posts with label reblog this. Show all posts
Tuesday, August 30, 2011
underpaidgenius:climateadaptation:I can’t help but reblog this HUGE win for Americans: it’s not a crime to film police. Please reblog!!Photography Is Not A Crime of the Day: Simon Glik, a Boston lawyer who sued the city and several police officers for arresting him and seizing his phone while he was recording a violent drug arrest on the Boston Common, succeeded in convincing the Court of Appeals for the First Circuit that his first and fourth amendment rights had been violated.The Police Department attempted to claim “qualified immunity” — a doctrine that “protects government officials from lawsuits alleging that they violated plaintiffs’ rights” except in cases where a “clearly established” statutory or constitutional right has been violated — on grounds that Glik was arrested for “illegal wiretapping” (conducting an audio recording “without the consent of both parties”).The court ruled that Glik’s lawsuit is allowed to stand because “firmly established” rights were violated when his phone was seized. From the ruling [PDF]: “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 court went on to say that “changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw,” and therefore First Amendment protections for news-gatherers can no longer “turn on professional credentials or status.”[universalhub / slashdot / video: aclu.]Finally the courts are moving against the police tactic of claiming citizens filming their actions in public are somehow guilty of the crime of wire-tapping. Yes, that’s how they have charged people like Glik.Meh… I’m still pretty sure if a cop wants to arrest me for something, he/she will, whether I’ve done it or not. I’m not going to be one of the “brave” ones that risks arrest by blatantly recording cops doing things. I’m going to be one of the smart ones by being subtle (or even invisible) with my Sousveillance.…in fact, I’m recording this right now!OK, not on video…
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