Does the First Amendment only apply to “journalists”? Or does it apply to anyone with a smart phone? Is there a right to record police officers or other government officials? This is what the courts say….. Freedom is Scary Ep. No. 70.
#FirstAmendment #RightToRecord #ConstitutionalLaw
Does the First Amendment Only Apply to Media? Is There a Right to Record?
Citations are all at the link: https://thecivilrightslawyer.com/2021/08/02/does-the-first-amendment-only-apply-to-media-is-there-a-right-to-record/
I know of one instance in Wisconsin where a gentleman filming people in a Shopping Mall parking lot was arrested and charged with criminal disorderly conduct, privacy violations and stalking.te idiot DA prosecuted him, convinced a jury to convict and the Judge sentenced him to 8 years in prison. Unfortunately, this poor guy actually served almost the entire sentence before the conviction was overturned and dismissed. Wisconsin has a compensation law for unfairly imprisoned individuals limiting compensation to a maximum of $25,000 total. This is a terrible law, one that has only been over ridden once, and that idiot decided to commit an even worse crime shortly after getting his less than $500,000 compensation for a false arrest and imprisonment for a rape that never happened. Now the man is serving life imprisonment without parole for 1st. Degree Homicide. I am not going to mention his name, but it's a rather infamous case that I believe much of the country knows about.
I'm just saying that in situations where law enforcement and prosecutors don't face any real consequences for their poor practices that this stuff will continue. We need Nation wide laws with teeth and real consequences so that these kinds of activities by Law Enforcement stops. Law Enforcement Officers really need to spend more time training and learning to do their jobs than a hair dresser does.
So when the cop's delet body cam footage is that not destroyed evidence
The cop's can hide the body cam fatigue by claming its under investigation I been trying to get the body cam footage of my arrest for going on 2 years I keep being told it's under investigation but I have not been asset anything in that time con I get that footage with decovery in the case
IN SHORT, THEY'RE TRYING TO DESTROY THE CONSTITUTION.
Thank you. The law and Constitution still seem a little fluid in my state. Lawyers and judges often have a close relationship. It seems to be changing. Appearances can be deceiving.
Enjoyed the insight bro!!
Yeah… there is definitely an issue with allowing criminal cops to seize the evidence of their crimes.
As a layman, the answer is obvious. Namely yes, because the 1a gives the right to all citizens to engage in media/journalist activity. As in the right to gather and disseminate information especially information about what the gov is doing.
Imagine how little practical use the 1a press rights would be if the gov was able to pick and choose who got to have those rights.
Cops will demand a press pass or other ID if you show up with a camera and claim you have no right to film without one.
They do it all the time.
If you don't stop recording, you're liable to be arrested and charged with "interfering" or "disorderly conduct", with no basis.
That allows them to charge resisting arrest, which doesn't require the initial charge to have a legal basis.
Don't want it seized?
Upload live, and wear an unobtrusive body camera. (There are lots of them available.)
Also carry a recorder disguised as a pen, to find out what the cops say when they don't know they're being recorded.
From being falsely convicted of assault in Canada, I know most witnesses walk away never to be seen again, including the guy who recorded my arrest. His recording would exonerate me. How do you expect police to get warrants from people they can't ID?, & recordings might get deleted. It would be better if police are only able to make a copy using link sharing & leave original with phone owner. I was falsely convicted of assault using just 2 witness statements which were not independent. We should be using recordings rather than relying on witness statements. I agree with freedom of press, but witnesses should have to share recordings immediately. I believe the corrupt cop who arrested me wanted me falsely convicted of assault anyways; there was no talk of assault until he arrived & he disliked me.
pardon if i may
a site which might interest you
https://www.youtube.com/watch?v=QgdbYUWaha0
then delete comment
thank you for sharing!
Thanks! I really appreciate the clear breakdown.
Subject to time, place and manner.
Appreciate what your doing
Which way do you think SCOTUS is going to go on this in your perspective?
What kind of reasons could a police officer articulate as to why he/she thought that seizing the cell phone was necessary due to exigent circumstances?
Also a WV State trooper threatened someone I know to either delete pictures she took or he would seize her phone….without a warrant. There were no exigent circumstances either. She was simply taking pictures of one of the people who most likely broke into her home, & absolutely did have the stolen property in his possession. WV State Police are the worst when it comes to being recorded in my experience but they ALL hate it here in Greenbrier county
Anyone can be the media. Anyone who records information that others may be interested in.
ALWAYS record the police. In Greenbrier county, here, the police hate it. I was pulled over the other day because one of my drunk passengers yelled fuck the police out of the window…. I believe the stop was illegal from beginning to end, but unfortunately my phone was almost dead. I won't make that mistake again… I am going to try to get any info I can though, such the police report, & also hope like hell that the Lewisburg police wear body cams or at least have dash cams. But anyway, always record the police. Livestream it actually.
Turner Vs Driver, Battousai yeah!
1a auditors are members of the press as we all are
As always, great job 👏, thank you 😊