http://www.alternet.org/civil-liberties/everything-you-need-know-about-your-rights-when-filming-police?akid=13012.294211.TpKmA9&rd=1&src=newsletter1034908&t=7
Everything You Need to Know About Your Rights When Filming Police
Video is proving decisive in holding police accountable for abuses nationwide.
Over the past week, video of police killings of unarmed African
Americans in South Carolina and Oklahoma has led to charges against the
officers who fired the fatal shots. Meanwhile, 10 sheriff’s deputies
have been suspended in California after a news helicopter filmed them
kicking and punching a suspected horse thief as he lay face down in the
desert after a chase.
As video proves decisive in holding police
accountable for abuses nationwide, we are joined by Jay Stanley, senior
policy analyst with the Speech, Privacy and Technology Project at the
American Civil Liberties Union. He authored Know Your Rights for the ACLU, and its companion article, "You Have Every Right to Photograph That Cop."
JAY STANLEY: Yeah,
the courts have been crystal clear on this matter: You have a right,
under the First Amendment of the Constitution, to take photographs or
video of anything in public when you’re in public. And there have been
attempts in some states to pass laws curbing this right. They have been
struck down by the courts, and the Supreme Court has refused to review
those rulings striking down those kinds of laws. So there’s no ambiguity
about the law.
The only problem is, is that a lot of police
officers continue to think that they can go up to you and say, you know,
"You need to turn that camera off, ma’am." That is not a lawful order.
It’s not a constitutional order. But it’s one that continues to happen
all too often. And they certainly don’t have the right to look at your
camera or seize your phone without a warrant. And they never, ever,
under any circumstances that we can imagine, have the right to destroy
or erase your video or photographs.
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