Court rules filming cops isn't a First Amendment right
If a police officer pulls you over, or shows up at your door, you might be tempted to pull out your phone and record the encounter. And, while you might think recording the event will protect you, it can actually get you into more trouble. You may even get arrested. At least, that's what a U.S. District Court in Pennsylvania determined.
Although the judge sided with the plaintiffs when it came to the Fourth Amendment, which protects citizens against false arrest and of use excessive force, it was not determined that such actions were a violation of citizens' First Amendment rights.
According to the ruling, if a citizen wants to record the police, they must explain their intentions first. The judge called this "expressive conduct," where the citizen must notify the officer why they'd like to record certain moments of the encounter on video.
Last edited by mojo84 on Mon Feb 29, 2016 5:50 pm, edited 1 time in total.
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mojo84 wrote:According to this court in Pennsylvania.
Court rules filming cops isn't a First Amendment right
If a police officer pulls you over, or shows up at your door, you might be tempted to pull out your phone and record the encounter. And, while you might think recording the event will protect you, it can actually get you into more trouble. You may even get arrested. At least, that's what a U.S. District Court in Pennsylvania determined.
Although the judge sided with the plaintiffs when it came to the Fourth Amendment, which protects citizens against false arrest and of use excessive force, it was not determined that such actions were a violation of citizens' First Amendment rights.
According to the ruling, if a citizen wants to record the police, they must explain their intentions first. The judge called this "expressive conduct," where the citizen must notify the officer why they'd like to record certain moments of the encounter on video.
What about police filming the people they come in contact with? do they have to "express" their desire to do so. This is ridiculous. This is just a case of the police doing a bad job, and getting caught by someone's phone video. I can understand if someone interferes in some way with the police, but recording them is a first amendment right. What left wing Obama SCOTUS hopeful made this ruling?
Take away the Second first, and the First is gone in a second
My apologies. I forgot to include the link. It is now in the original post.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
I normally back the blue and want to give benefit of the doubt, but in the famous words of the Burton officer who spent an hour trying to coerce me to submit to a vehicle search ten years ago, "what's the big deal if you've got nothing to hide?"
If I'm in my car, on my property or on public property (not interfering with their duties) then I should be able to film whatever I want. If I can go to the mall and have my picture taken by any random stranger because I am in public then those protecting the public should be subject to the exact same treatment.
Does that carry over to the media? I don’t look for this to stand.
God Bless America, and please hurry. When I was young I knew all the answers. When I got older I started to realize I just hadn’t quite understood the questions.-Me
Pennsylvania law doesn't prohibit recording or photographing police, so I find it troubling that it's now prohibited by a US district court unless certain conditions are met. It appears the district court judges simply rule by the seat of their pants. Now you can get arrested for not actually breaking any law, but for not asking before you don't break it. I think it will be shot down in a higher court. Of course IANAL
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I think where the confusion starts is the difference between video recording and audio recording. Police have the right to record their encounters with us because the state(s) grant them more powers than the average everyday person in order to enforce the laws. Most of the time the stops they have begin with Probable cause that we have committed a crime so in that sense it is totally justified for them to film us.
Where I think the confusion starts is the difference in audio vs video recording because in some states it is illegal to record audio from someone without explicit permission.. however there is almost no laws nation wide as to recording JUST video (with NO audio) in a public place.
a lot of it is dependant on state law... you also have to realize that the MAIN reason this stuff ends up in court is NOT because of bad cops.. its because of those idiots that get in the way of police doing their jobs because they harass, annoy, and physically impede them from doing their jobs.
Look at it this way... most people have at some point worked in a customer service related job.. .picture yourself in that job.. now picture yourself dealing with a hostile and upset customer.. now picture someone that is friends with that disgruntled individual (or someone random) that just wants to get in the way by shouting at you and filming and putting pressure on you and trying to get you to slip up any way possible.. of course youre going to be flustered, you may even make a mistake or misspeak based on the pressure that person is providing..
its the same with cops..
rather than instantly pull out your phone, see if the cop needs some help... or try to assist them.. the overwhelming majority of us are just trying to do the right thing and keep the public safe and be able to go home to our families at the end of the shift.
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RedRaiderCHL wrote:I think where the confusion starts is the difference between video recording and audio recording. Police have the right to record their encounters with us because the state(s) grant them more powers than the average everyday person in order to enforce the laws. Most of the time the stops they have begin with Probable cause that we have committed a crime so in that sense it is totally justified for them to film us.
Where I think the confusion starts is the difference in audio vs video recording because in some states it is illegal to record audio from someone without explicit permission.. however there is almost no laws nation wide as to recording JUST video (with NO audio) in a public place.
a lot of it is dependant on state law... you also have to realize that the MAIN reason this stuff ends up in court is NOT because of bad cops.. its because of those idiots that get in the way of police doing their jobs because they harass, annoy, and physically impede them from doing their jobs.
Look at it this way... most people have at some point worked in a customer service related job.. .picture yourself in that job.. now picture yourself dealing with a hostile and upset customer.. now picture someone that is friends with that disgruntled individual (or someone random) that just wants to get in the way by shouting at you and filming and putting pressure on you and trying to get you to slip up any way possible.. of course youre going to be flustered, you may even make a mistake or misspeak based on the pressure that person is providing..
its the same with cops..
rather than instantly pull out your phone, see if the cop needs some help... or try to assist them.. the overwhelming majority of us are just trying to do the right thing and keep the public safe and be able to go home to our families at the end of the shift.
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