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Thread: 1st U.S. Circuit Court of Appeals: right to record in public is "well established"

  1. #1
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    1st U.S. Circuit Court of Appeals: right to record in public is "well established"

    I haven't finished reading the opinion yet, but a 1st Circuit panel ruled in favor of a man who sued Boston police under 42 USC 1983, over arresting him for recording them in public.

    http://www.ca1.uscourts.gov/pdf.opin...-1764P-01A.pdf

    When Glik sued, the police moved for dismissal and claimed qualified immunity "because it is not well-settled that he had a constitutional right to record the officers." The federal district court denied the motion because "in the First Circuit . . . this First Amendment right publicly to record the activities of police officers on public business is established."

    The court of appeals agreed.

    "It is of no significance that the present case . . . involves a private individual, and not a reporter, gathering information about public officials. 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."

    The ruling applies in Massachusetts, Maine, New Hampshire, Rhode Island, and Puerto Rico. How Puerto Rico wound up in New England, I have no idea.

  2. #2
    Founder's Club Member Jim675's Avatar
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    Quote Originally Posted by KBCraig View Post
    wrote other good stuff and then: How Puerto Rico wound up in New England, I have no idea.
    Submitted for your edification:

    Click image for larger version. 

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    ETA: And please accept my apologies in advance.
    Last edited by Jim675; 08-27-2011 at 03:29 AM.

  3. #3
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    Quote Originally Posted by Jim675 View Post
    Submitted for your edification:

    Click image for larger version. 

Name:	PR.jpg 
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ID:	6755

    ETA: And please accept my apologies in advance.
    Wow, I guess Irene was stronger than we thought!

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by KBCraig
    Wow, I guess Irene was stronger than we thought!
    LOL!
    As for the original topic, I'm very glad to see this ruling.
    Finally a little common sense.
    Now if it could just be applied coast to coast...

  5. #5
    Campaign Veteran since9's Avatar
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    This should prove to be quite germane to a case evolving in some little town in New Mexico. If I find the thread and the town, I'll send a few letters their way in the hopes they'll straighten up and fly right.

    Sometimes, when people become aware their actions are under national scrutiny, they tend to think, "Crap - we can't get away with this any more, can we?"
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    This should prove to be quite germane to a case evolving in some little town in New Mexico. If I find the thread and the town, I'll send a few letters their way in the hopes they'll straighten up and fly right.
    I'd love to know about that case, too. Let me know if you find the information. Email: mario [at] righttorecord.org

    Mario
    www.righttorecord.org

  7. #7
    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by JTHunter View Post
    What, if any, effect will this have on states like Illinois where it is a requirement that BOTH parties be made aware of the recording? Otherwise, it is a "felony wiretapping" charge.
    Both parties must GIVE CONSENT to the recording in IL. If the cops become "aware" you go to jail for a felony.

    However....

    http://www.suntimes.com/7259815-417/...sdropping.html

    Woman who recorded cops acquitted of felony eavesdropping

    BY RUMMANA HUSSAIN Criminal Courts Reporter rhussain@suntimes.com August 24, 2011 5:22PM
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    I don't know IL law.

    However, typically, States with "all consent" laws only require consent from all when recording private interactions. It is incongruous to consider police officially interacting with citizens to be "private." It is clearly an "official proceeding" in which the citizen is at legal risk. Recording such should not only be legal; it should be routine.

    All interactions between the government and the people, especially when the person is at risk from the power of the government, should be conducted in full sunshine.

  9. #9
    Regular Member okboomer's Avatar
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    Yeah ^^^^^

    And, you had better believe that the cops were recording the interview with the complaintant!
    cheers - okboomer
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    Exercising my 2A Rights does NOT make me a CRIMINAL! Infringing on the exercise of those rights makes YOU one!

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