4 ms·
>I don't see why that should ever change based on if you are holding a camera or not. It should not, but I believe that holding a camera is a strong signal tha
by Clubber 3y ago
>I don't see why that should ever change based on if you are holding a camera or not.
It should not, but I believe that holding a camera is a strong signal that a person is operating as a journalist. It could be argued that a person watching an incident can easily be operating in the same capacity.
I was wrong, the SCOTUS hasn't directly addressed filming of police, but that seems like it never got a chance to make it there because it's been affirmed in many circuit courts. They have alluded several times on how they feel about filming government officials (strongly support), but no case has directly made it in regards to explicitly filming police.
https://canons.sog.unc.edu/2022/11/responding-to-first-amendment-audits-is-filming-protected-by-the-first-amendment/ https://canons.sog.unc.edu/2022/11/responding-to-first-amend...
To date, there is no U.S. Supreme Court case establishing a right to film public officials engaged in carrying out their official duties or a right to film inside of public buildings generally. However, the Supreme Court has recognized a “paramount public interest in a free flow of information to the people concerning public officials.” Moreover, the Supreme Court has acknowledged that “the First Amendment goes beyond protection of the press and self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” Filming public officials engaged in public duties may fall within this broadly defined “newsgathering” or “information gathering” right that courts have recognized in prior First Amendment cases.
>Except, you know, in the Supreme Court.
Yes, that is a strange exception.
- deleted 3y ago[deleted]
- s1artibartfast 3y agoWhy does it matter if they are a journalist or not in this context?
- Clubber 3y agoJournalists have explicit protection in the first amendment. Many people (including some police) believe you have to have credentials to be a journalist, but that's not so. Of course if the government can determine if someone is a journalist or not, it's not a freedom; so anyone can be a journalist. The whole credentials thing is for accessing secure areas like the White House, etc. Freedom of speech also protects filming police as does the right to petition government for redress of grievances. Also, let me just say our first amendment gives us very strong protections from tyranny, as it is with our current state of rogue police departments and officers. If it weren't for the first amendment protections, we would be making very little progress here and probably regress. For people who want to chip away at first amendment protections for political points, you do so at your own and all our peril. Make no mistake, Derek Chauvin is in prison and that is progress. Progress partially made possible by the right of the people who filmed his murder of George Floyd.
- s1artibartfast 3y agoAs far as I know, journalists don't have any special protections or rights for taking pictures that raise above the General Public.