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SHOULD CITIZENS BE ALLOWED TO VIDEOTAPE POLICE OFFICERS?

Adam Lee Nemann
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Trial and Defense Attorney, Adjunct Professor of Law at Capital University, founder of Nemann Law Offices

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11/26/2012
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The U.S. Supreme Court has refused to review a federal appeals court decision finding it unconstitutional to enforce an Illinois state law that makes it a felony to videotape police officers working in public if a microphone is turned on.

The law had been challenged by the American Civil Liberties Union, and a divided panel of the Chicago-based 7th U.S. Circuit Court of Appeals agreed earlier this year that it "restricts far more speech than necessary to protect legitimate privacy interests" and, "as applied to the facts alleged here, it likely violates the First Amendment’s free speech and free-press guarantees," as Judge Diane Sykes explained in the majority opinion (PDF).

On Monday, the nation's top court declined to hear the state's appeal, leaving the 7th Circuit ruling in force, the Chicago Tribune reports.

Meanwhile, a number of citizens throughout the country say they have been charged with a crime (often obstruction) while recording police on the job. A Massachusetts man is facing a wiretapping case after allegedly posting a video on YouTube that shows him instructing a female passenger how to use an electronic device to record a traffic stop by Shrewsbury police.

Irving Espinosa-Rodrigue, 26, is scheduled for a pretrial hearing in January, reports the Shrewsbury Daily Voice.

Among other accounts of such incidents recently posted on the Photography Is Not a Crime site, Daniel J. Saulmon tells PINAC that he spent several days in jail earlier this month after being arrested in Hawthorne, Calif., while filming police on a public street. He faced an obstruction case, but says the charges against him have been dropped.

A spokesman for the police department wasn't immediately available to respond to a Monday afternoon request for comment from the ABA Journal.

For those who want to know more about the legal issues involved in such cases, the American Bar Association Government and Public Sector Lawyers Division is hosting a Dec. 4 teleconference called Videotaping Police, Wiretapping Laws and the First Amendment. A press release gives the details.

Related articles:

15 Years for Recording a Talk with Cops? Woman Avoids Prison with Acquittal

http://www.abajournal.com/news/article/jury_acquits_woman_who_recorded_her_talk_with_cops_potential_sentence_was_1/

 

Can Citizens Use Cellphones to Record Cops? Joining 1st Circuit, Oregon Appeals Court Says Yes

http://www.abajournal.com/news/article/recording_cops_on_smartphone/

 

Ill. Eavesdropping Law Can’t Be Used to Stop Public Recordings of Cops, 7th Circuit Says

http://www.abajournal.com/news/article/ill._eavesdropping_law_cant_be_used_to_stop_public_recordings_of_cops_7th_c/



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