A Boston lawyer suing the city and police officers who arrested him for using his cell phone to record a drug arrest on the Common won a victory today when a federal appeals court said the officers could not claim "qualified immunity" because they were performing their job when they arrested him under a state law that bars audio recordings without the consent of both parties.
In its ruling, which lets Simon Glik continue his lawsuit, the US Court of Appeals for the First Circuit in Boston said the way Glik was arrested and his phone seized under a state wiretapping law violated his First and Fourth Amendment rights:
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." ...
Back to the basics of natural, unadulterated, real food as our Creator intended. Other subjects that interest us are respect of the natural world, indigenous populations and the truth. No topic too hot to handle. We present you with information to make your own decisions based on your research. If the purchasing power of $50 billion in advertising spent yearly in the US by the food and drug companies can't influence your decisions, then they intend to prevent your options. Vote With Your $$
Saturday, August 27, 2011
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment