Saturday, September 10, 2011

To Film A Government Official Is Legal!

It is not illegal to take photos or film in public. The only time it is illegal to take photos or film is when you are on private property or in a private building. This year has been a big year for arrests and fines for filming an officer. Thanks to a man named Simon it has been made clear that the first Amendment will be upheld in Court. Simon was arrested for filming police officers and went to court over this arrest. He won his case.  Here is an exert-
"The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity]. 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."Attorneys for the city argued that police should have been immune from a civil rights lawsuits in this case because, they asserted, the law is unclear as to whether there is a "constitutionally protected right to videotape police carrying out their duties in public"."Making the law crystal clear, the Court responded: "Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative."The Court further stated that such protections should have been clear to the police all along, noting that the right to videotape police carrying out their duties in a public forum is "fundamental and virtually self-evident", particularly on the Boston Common--the "apotheosis of a public forum."The Court also made it clear that the right to videotape public officials isn't limited to the press. Rather, the Court noted, "the public's right of access to information is coextensive with that of the press."-Victory for liberty and the right to videotape public officials

If you find yourself in a situation where police demand that you be arrested or fined for filming them, act calmly. Co-operate with police, remind them you have the first amendment right to do so. After everything is said and done take the officers to court. Make sure you get a copy of the fine and paperwork if you have been arrested.

When police arrest or fine citizens for filming they are breaking the law and your rights! Do not be afraid to use your rights, you will be protected via the court system and of course the First Amendment.

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