Archive for the ‘ACLU’ tag
Photography is not a crime, part the 234,642nd. Kudos to the ACLU…
The ACLU of Southern California sued the Los Angeles County Sheriff’s Department and several of its deputies Thursday alleging they harassed, detained and improperly searched photographers taking pictures legally in public places.
The federal lawsuit alleges the Sheriff’s Department and deputies “have repeatedly” subjected photographers “to detention, search and interrogation simply because they took pictures” from public streets of places such as Metro turnstiles, oil refineries or near a Long Beach courthouse.
“Photography is not a crime. It’s protected 1st Amendment expression,” said Peter Bibring, senior staff attorney for the American Civil Liberties Union of Southern California. “It violates the Constitution’s core protections for sheriff’s deputies to detain and search people who are doing nothing wrong. To single them out for such treatment while they’re pursuing a constitutionally protected activity is doubly wrong.”
(click here to continue reading ACLU sues Sheriff’s Department, alleges photographers were harassed – latimes.com.)
and from the ACLU:
The ACLU of Southern California (ACLU/SC) and the law firm Akin Gump Strauss Hauer & Feld LLP today sued the County of Los Angeles and individual Los Angeles Sheriff’s Department (LASD) deputies for detaining and searching photographers. The incidents of harassment occurred when photographers were taking pictures in public places where photography is not prohibited.
“Photography is not a crime. It’s protected First Amendment expression,” said Peter Bibring, senior staff attorney at the ACLU/SC. “Sheriff’s deputies violate the Constitution’s core protections when they detain and search people who are doing nothing wrong. To single them out for such treatment while they’re pursuing a constitutionally protected activity is doubly wrong.”
The complaint is filed on behalf of three plaintiffs, who between them have been detained or ordered not to photograph by Sheriff’s deputies on at least six occasions. The complaint details similar incidents involving others, from amateur photographers to veteran photojournalists.
(click here to continue reading ACLU/SC Challenges Sheriff’s Dept.’s Detention of Photographers.)
Police should be held to the same standards as citizens: and not allowed to hide behind this archaic, pre-digital law. I fail to see why the police are afraid of being recorded, unless they plan on bending the law in some way and don’t want to be caught. Other states don’t have this same law, and seem to be doing just fine…
The Illinois Eavesdropping Act has been on the books for years. It makes it a criminal offense to audio-record either private or public conversations without the consent of all parties, Mr. Schwartz said. Audio-recording a civilian without consent is a Class 4 felony, punishable by up to three years in prison for a first-time offense. A second offense is a Class 3 felony with a possible prison term of five years.
Although law-enforcement officials can legally record civilians in private or public, audio-recording a law-enforcement officer, state’s attorney, assistant state’s attorney, attorney general, assistant attorney general or judge in the performance of his or her duties is a Class 1 felony, punishable by up to 15 years in prison.
The A.C.L.U. filed its lawsuit after several people throughout Illinois were charged in recent years with eavesdropping for making audio recordings of public conversations with the police. The A.C.L.U. argued that the act violates the First Amendment and hinders citizens from monitoring the public behavior of police officers and other officials.
On Jan. 10, a federal judge in Chicago dismissed the suit for the second time. Mr. Schwartz said the A.C.L.U. would appeal. Andrew Conklin, a spokesman for Anita Alvarez, the Cook County state’s attorney, said, “We did feel the A.C.L.U.’s claims were baseless and we’re glad the court agreed with us.” Beyond that statement, Mr. Conklin said, “we have no comment because we have these two cases pending.”
(click to continue reading Eavesdropping Laws Mean That Turning On an Audio Recorder Could Send You to Prison – NYTimes.com.)
Damn, I love the ACLU. Contribute to them if you can spare a few pennies. I should make a t-shirt with this phrase: The federal government acknowledges that there are no federal laws or regulations that prohibit photography outside federal buildings. Photography is not a crime!
In settling a lawsuit filed by the New York Civil Liberties Union, the federal government today recognized the public’s right to take photographs and record videos in public spaces outside federal courthouses throughout the nation.
The settlement comes after the NYCLU sued the federal government in April on behalf of a Libertarian activist who was unlawfully arrested by federal officers after exercising his First Amendment right to record digital video outside of a federal courthouse in Lower Manhattan.
“This settlement secures the public’s First Amendment right to use cameras in public spaces without being harassed,” NYCLU Executive Director Donna Lieberman said. “While we understand the need for heightened security near federal buildings, any rule that results in the arrest of people for exercising their First Amendment rights is clearly unconstitutional. We’re pleased the federal government finally recognizes this fact.”
Plaintiff Antonio Musumeci was arrested on Nov. 9, 2009 after using a hand-held camera to record a protestor in a public plaza outside the Daniel Patrick Moynihan Federal Courthouse in Manhattan.
During the arrest, federal officers forced Musumeci to the pavement and confiscated video from his camera. Musumeci, a software developer for an investment bank, was detained for about 20 minutes and issued a ticket for violating a federal regulation. That charge was later dismissed.
On two subsequent occasions, federal officers threatened Musumeci with arrest after trying to record protests at the courthouse.
“The courthouse plaza is public property paid for by taxpayers, and the public should not be prohibited from using video cameras there. Now people now can freely express their First Amendment right there without being harassed and arrested by federal officers,” said Musumeci, a resident of Edgewater, N.J.
In the settlement approved today by a federal judge in Manhattan, the federal government acknowledges that there are no federal laws or regulations that prohibit photography outside federal courthouses. It agreed to provide federal officers written instructions emphasizing the public’s right to photograph and record outside federal courthouses. The settlement has even broader implications, though.
“Not only will this settlement end harassment of photographers outside federal courthouses, it will free people to photograph and film outside of all federal buildings,” said NYCLU Associate Legal Director Christopher Dunn, lead counsel in the case. “The regulation at issue in this case applies to all federal buildings, not only courthouses, so this settlement should extend to photography near all federal buildings nationwide.
Kudos, as this policy is contrary to the Bill of Rights and years of court rulings. You should throw a few dollars in the ACLU coffers if you can.
The American Civil Liberties Union, the New York Civil Liberties Union and the National Association of Criminal Defense Layers (NACDL) today filed a lawsuit challenging the Department of Homeland Security’s (DHS) policy permitting border agents to search, copy and detain travelers’ electronic devices at the border without reasonable suspicion. DHS asserts the right to look though the contents of a traveler’s electronic devices – including laptops, cameras and cell phones – and to keep the devices or copy the contents in order to continue searching them once the traveler has been allowed to enter the U.S., regardless of whether the traveler is suspected of any wrongdoing.
“These days, almost everybody carries a cell phone or laptop when traveling, and almost everyone stores information they wouldn’t want to share with government officials – from financial records to love letters to family photos,” said Catherine Crump, staff attorney with the ACLU Speech, Privacy and Technology Project. “Innocent Americans should not be made to feel like the personal information they store on their laptops and cell phones is vulnerable to searches by government officials any time they travel out of the country.”
Today’s lawsuit was filed on behalf of the National Press Photographers Association (NPPA), whose members include television and still photographers, editors, students and representatives of the photojournalism industry; NACDL, which is a plaintiff as well as counsel on the case; and Pascal Abidor, a 26-year-old dual French-American citizen who had his laptop searched and confiscated at the Canadian border.
Abidor was travelling from Montreal to New York on an Amtrak train in May when he had his laptop searched and confiscated by Custom and Border Patrol officers. Abidor, an Islamic Studies Ph.D. student, was questioned, handcuffed, taken off the train and kept in a holding cell for several hours before being released without charge. When his laptop was returned 11 days later, there was evidence that many of his personal files, including research, photos and chats with his girlfriend, had been searched.
“As an American, I’ve always been taught that the Constitution protects me against unreasonable searches and seizures. But having my laptop searched and then confiscated for no reason at all made me question how much privacy we actually have,” said Abidor. “This has had an extreme chilling effect on my work, studies and private life – now I will have to go to untenable lengths to assure that my academic sources remain confidential and my personal dignity is maintained when I travel.”
(click to continue reading Groups Sue Over Suspicionless Laptop Search Policy At The Border | American Civil Liberties Union.)
Kudos to the ACLU, the police shouldn’t have rights that citizens don’t.
It’s not unusual or illegal for police officers to flip on a camera as they get out of their squad car to talk to a driver they’ve pulled over.
But in Illinois, a civilian trying to make an audio recording of police in action is breaking the law.
“It’s an unfair and destructive double standard,” said Adam Schwartz, a lawyer with the American Civil Liberties Union of Illinois.
On Wednesday, the ACLU filed a federal lawsuit in Chicago challenging the Illinois Eavesdropping Act, which makes it criminal to record not only private but also public conversations made without consent of all parties.
With cell phones that record audio and video in almost every pocket, the ability to capture public conversations, including those involving the police, is only a click away. That raises the odds any police action could wind up being recorded for posterity.
Opponents of the act say that could be a good thing and certainly shouldn’t lead to criminal charges.
The ACLU argues that the act violates the First Amendment and has been used to thwart people who simply want to monitor police activity.
(click to continue reading ACLU challenges Illinois eavesdropping act – chicagotribune.com.)
and isn’t this backwards?
Illinois is one of only a few states, including Massachusetts and Oregon, where it is illegal to record audio of conversations that take place in public settings without the permission of everyone involved.((unless you are a cop, of course))
Illinois’ eavesdropping ban was extended in 1994 to include open and obvious audio recording, even if it takes place on a public street where no expectation of privacy exists and in a volume audible to the “unassisted human ear.”
The police can record you without asking your permission, but even on a public street, you can’t video them? Ridiculous.
Miami blogger Carlos Miller has been advocating changing these sorts of laws for quite a while. If you read a few postings there, you’ll become progressively more angry at police state tactics.