Frequent readers of the Free Thought Project know that filming the cops is not a crime. Despite this being a widely known provision — held up with multiple court precedents — cops continue to violate the First Amendment protected right of citizens to film the police. Now, an entire city is going after people who wish to film police and it is nothing short of tyrannical.
A report from Tuscon.com claims a new ordinance was passed to deter “cop-haters” but in reality tramples the First Amendment. According to the new legislation, ORDINANCE NO. _11746:
A. Police officers or Community Service Officers conducting enforcement activity, investigations, and other police-related activities may restrict 2 individuals from physically entering crime scenes or areas immediately surrounding where such enforcement activity, investigations, and other police-related activities are taking place. Police Officers or Community Service Officers may establish the boundaries of a restricted area by using physical barriers, placing visual markers like caution tape, or expressly communicating that an area is temporarily restricted for police activity.
B. If a Police Officer or Community Service Officer has established a restricted area, it shall be unlawful for any person to enter the restricted area without a Police Officer’s or Community Service Officer’s express permission to enter; or to refuse to comply with a Police Officer’s or Community Service Officer’s request or direction to leave the restricted area.
While section A sounds reasonable: not allowing people to film inside crime scenes, that is already the case, which is why crime scene tape exists. However, it is section B that sounds particularly worrisome. A police officer merely needs to “establish a restricted area” in order to claim a person has violated it before charging them with a crime. Violations of this ordinance are considered a Class 2 misdemeanor punishable by a maximum $750 fine and arrest.
…click on the above link to read the rest of the article…
(ANTIMEDIA)Philadelphia, PA — A federal court in the Eastern District of Pennsylvania has ruled that filming the police without a specific challenge or criticism is not constitutionally protected.
The cases of Fields v. City of Philadelphia, and Geraci v. City of Philadelphia involve two different incidents where individuals were arrested for filming the police. Richard Fields, a Temple University student, was arrested after stopping to take a picture of a large group of police outside a house party. Amanda Geraci, a legal observer with CopWatch Berkeley, attended a large protest against fracking in September 2012 and was arrested while filming the arrest of another protester.
Both Fields and Geraci are seeking damages from the Philadelphia Police Department for violating their Constitutional right to videotape public officials. Previous rulings have found the public has a right to record police as form of “expressive conduct,” such as a protest or criticism, which is protected by the First Amendment.
The appeals court was specifically tasked with finding out whether or not the public has a First Amendment right to photograph and film police without a clear expression of criticism or challenge to police conduct.
“Fields’ and Geraci’s alleged ‘constitutionally protected conduct’ consists of observing and photographing, or making a record of, police activity in a public forum. Neither uttered any words to the effect he or she sought to take pictures to oppose police activity. Their particular behavior is only afforded First Amendment protection if we construe it as expressive conduct.”
The court ultimately stated, “We find no basis to craft a new First Amendment right based solely on ‘observing and recording’ without expressive conduct.”
…click on the above link to read the rest of the article…
Olduvai IV: Courage
Click on image to read excerpts
