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All tyranny needs to gain a foothold is for people of good conscience to be silent -Thomas Jefferson-

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Wednesday, August 31, 2011


PANEL OF FEDERAL JUDGES RULE IT'S OK TO FILM COPS
 BUT THEY FORGOT TO TELL THE COPS
WHICH MEANS ALL THE PEOPLE BEATEN AND ARRESTED FOR FILMING COPS WERE DEPRIVED OF THEIR 1ST AMENDMENT RIGHT AND 4TH AMENDMENT WHEN THEIR CAMERAS WERE DESTROYED OR CONFISCATED BY CRIMINAL COPS
THE JUDGES SAID:
"The First Amendment issue here is, as the parties frame it, fairly narrow: is 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. It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws “abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, “the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.”
The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. 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.” The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press…. In our society, police officers are expected to endure significant burdens caused by citizens’ exercise of their First Amendment rights. See City of Houston v. Hill, 482 U.S. 451, 461 (1987) (“[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.”). Indeed, “The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”


 

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