DamianTV
02-25-2016, 05:56 PM
http://www.zerohedge.com/news/2016-02-25/federal-court-rules-you-can-be-arrested-simply-filming-police
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.
The court wrote:
“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.”
“Absent any authority from the Supreme Court or our Court of Appeals, we decline to create a new First Amendment right for citizens to photograph officers when they have no expressive purpose such as challenging police actions,” the decision concluded.
...
Full article on link. Court ruling here (https://phillylawblog.files.wordpress.com/2016/02/the-trial-court-opinion.pdf).
Double standards: they an film you via your XBox Kinect, Laptop Camera, Cable Box Camera, Smart TV Camera, and any other Internet of Things ready device they can get in your house, but you can NOT film them because "its against the law".
Purposeful misinterpretation of the Constitution intended to subvert, undermine, and discredit the Constitution itself is a direct violation of the Constitution isnt it? Remove the ability of the Victims to defend themselves against their Aggressors seems to be critical in the effort to convert the entire world into a Police State.
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.
The court wrote:
“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.”
“Absent any authority from the Supreme Court or our Court of Appeals, we decline to create a new First Amendment right for citizens to photograph officers when they have no expressive purpose such as challenging police actions,” the decision concluded.
...
Full article on link. Court ruling here (https://phillylawblog.files.wordpress.com/2016/02/the-trial-court-opinion.pdf).
Double standards: they an film you via your XBox Kinect, Laptop Camera, Cable Box Camera, Smart TV Camera, and any other Internet of Things ready device they can get in your house, but you can NOT film them because "its against the law".
Purposeful misinterpretation of the Constitution intended to subvert, undermine, and discredit the Constitution itself is a direct violation of the Constitution isnt it? Remove the ability of the Victims to defend themselves against their Aggressors seems to be critical in the effort to convert the entire world into a Police State.