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Thread: Federal Appeals Court Rules Recording Of Police Is Constitutionally Protected!

  1. #1
    Campaign Veteran rcawdor57's Avatar
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    Thumbs up Federal Appeals Court Rules Recording Of Police Is Constitutionally Protected!

    I wouldn't normally start a thread when one is already in effect but this is very important for the entire United States.

    Link to thread in Washington State forum: http://forum.opencarry.org/forums/sh...50#post1601450


    Handy Hamlet...this one's for you!
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    Founder's Club Member protias's Avatar
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    Good. Now if anyone gets stopped in places like ILLinoise, they can record without being charged with a felony! It really helps with it is "he said" vs "she said" when the dashcam footage is "lost."
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Campaign Veteran rcawdor57's Avatar
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    Thumbs up Yep! Just Make Sure They KNOW They Are Being Recorded.

    Reading the ruling one of the reasons given for it being Constitutionally protected is because everyone knew he was recording both video and audio. So in those states where they have unconstitutional laws against recording the police just inform them they are being recorded in video and audio.

    Works for me.
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

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    Moderator / Administrator Grapeshot's Avatar
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    This will prove to be a real game changer for those states so effected.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member HandyHamlet's Avatar
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    Thanks for starting this thread. All of our rights are intertwined. All of our rights are under attack every day.

    The important thing about this case in my opinion is the Judge said NO qualified immunity for the arresting public servants.

    Naturally, the police officers moved to dismiss on the basis of qualified immunity, but Judge Young was having none of that. The police officers then appealed to the First Circuit, but they have now struck out on appeal as well, with the First Circuit ruling that "Glik was exercising clearly-established First Amendment rights in filiming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause."

    "[I]s 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."

    "Glik filmed the defendant police officers in the Boston Common, the oldest city park in the United States and the apotheosis of a public forum. In such traditional public spaces, the rights of the state to limit the exercise of First Amendment activity are 'sharply circumscribed.'"

    "[A] citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment."

    "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.'"
    http://www.citmedialaw.org/blog/2011...cording-public
    "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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    Campaign Veteran GLOCK21GB's Avatar
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    awesome news for those in commie states !!
    http://youtu.be/xWgVGu3OR4U AACFI, Wisconsin / Minnesota Carry Certified. Action Pistol & Advanced Action pistol concepts + Urban Carbine course. When the entitlement Zombies begin looting, pillaging, raping, burning & killing..remember HEAD SHOTS it's the only way to kill a Zombie. Stockpile food & water now.

    Please support your local,county, state & Federal Law enforcement agencies, right ???

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    Moderator / Administrator Grapeshot's Avatar
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    Unless I am seriously mistaken, this ruling will only apply in the federal district over which this court has jurisdiction. Right?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Not necessarily...

    Have there been any similar decisions in other districts? More importantly, has there been a decision in another district in direct contradiction? If so, that is a strong path to the USSC to resolve the conflict....

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