1st Circuit Appeals Court Upholds Right To Record Police In Public

cell_phoneA resounding victory for the First Amendment. However, outside of the four-state jurisdiction of the First Circuit, the police state lives on. The Citizen Media Law Project gets giddy:

In the case of Glik v. Cunniffe, the U.S. Court of Appeals for the First Circuit has issued a unanimous opinion in support of the First Amendment right to record the actions of police in public.

For those of you not familiar with Simon Glik’s case, Glik was arrested on October 1, 2007, after openly using his cell phone to record three police officers arresting a suspect on Boston Common. In return for his efforts to record what he suspected might be police brutality — in a pattern that is now all too familiar — Glik was charged with criminal violation of the Massachusetts wiretap act, aiding the escape of a prisoner and disturbing the peace.

Unlike most arrestees, Glik, with the assistance of the ACLU, fought back against this treatment. Undeterred, in February 2010, Glik filed suit in federal court against the officers and the City of Boston under 42 U.S.C. § 1983 and the Massachusetts Civil Rights Act. Glik alleged that the police officers violated his First Amendment right to record police activity in public and that the officers violated his Fourth Amendment rights by arresting him without probable cause to believe a crime had occurred.

The First Circuit ruled 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.”

Let’s see if we can find some more excellent quotations.

“[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.’”

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  • DeepCough

    Well, it’s nice to know that democracy isn’t COMPLETELY dead.

    • Simiantongue

      No that’s just the nerves twitching, it’s dead.

      • http://hormeticminds.blogspot.com/ Chaorder Gradient

        #1 question of people in their 20′s in 2030

        “Mommy, whats democracy?”

        the robo-mommy just tells them to shut up

    • SF2K01

      It won’t be dead as long as there are people who don’t just sit by but take action and defend themselves against corruption and decay. If we just sit back and let stuff happen, we’ll regret it later.

  • DeepCough

    Well, it’s nice to know that democracy isn’t COMPLETELY dead.

  • Nunzio X

    EVERY person harrassed / arrested by the cops for publicly recording the cops’ actions MUST fight the harrassment / arrest in court.

    The cops lose enough of these cases, they’ll get the idea. Especially if the plaintiff seeks monetary damages and contributes any damages awarded to the ACLU.

  • Nunzio X

    EVERY person harrassed / arrested by the cops for publicly recording the cops’ actions MUST fight the harrassment / arrest in court.

    The cops lose enough of these cases, they’ll get the idea. Especially if the plaintiff seeks monetary damages and contributes any damages awarded to the ACLU.

  • Seamus Dubh

    Wow, the ACLU did something for the right and proper reason for a change.

  • Seamus Dubh

    Wow, the ACLU did something for the right and proper reason for a change.

  • Dueyv9

    good.

  • Dueyv9

    good.

  • Simiantongue

    No that’s just the nerves twitching, it’s dead.

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    #1 question of people in their 20′s in 2030

    “Mommy, whats democracy?”

    the robo-mommy just tells them to shut up

  • SamIam

    Winning! 

  • SamIam

    Winning! 

  • Anonymous

    It won’t be dead as long as there are people who don’t just sit by but take action and defend themselves against corruption and decay. If we just sit back and let stuff happen, we’ll regret it later.

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