After being arrested on October 1, 2007 for using his cell phone to film officers making an arrest, Boston lawyer Simon Glik sued the city for violating his civil rights. Late last year the court denied a motion to have the case dismissed, and just yesterday it was announced that the City of Boston had come to a settlement with Glik, agreeing to pay him $170,000 for damages and legal fees. The decision last year and the settlement yesterday both reaffirm that the First Amendment protects the right to photograph and film police officers carrying out their duties in a public place.
Elizabethtown, Pennsylvania-based photographer Jason Macchioni was recently shooting a time-lapse project from an overpass at night when he was approached by police officers who demanded his ID and threatened to arrest him for wiretapping (Macchioni was recording video of the encounter). Macchioni tells us,
I was shooting a time-lapse which I’m still working on, I arrived at this site around 9 and was there for about 3 hours until these two cops rolled up! At first I was calm and refused to give ID, After the second cop was breathing down my neck and really threatening me. I gave in and tried to get them to leave. Then stuff got heated.
Macchioni has enlisted the help of the ACLU in filing a complaint with the police department. Want to learn more about your rights as a photographer in the US? Check out this short cartoon the ACLU released earlier this month.
Here’s a disturbing video called “If You See Something, Film Something” that shows why it’s important that citizens have the right to turn cameras on the activities of police officers without being stopped or harassed:
The United States has growing problem with police abuse, brutality, and corruption. It is essential for civilians to document their encounters with police officers to ensure transparency, accountability, and safety to all of those involved.
Police departments have, for too long, tried to bully, intimidate, threaten, arrest, or otherwise harass law abiding citizens from recording the activities of law enforcement in public. Enough is enough! It is time for all of us to take a stand and expose police brutality when we witness it.
Be warned: the video contains many graphic scenes of police brutality…
German satire program Extra 3 conducted a humorous — albeit disconcerting — experiment testing photographers’ (and videographers) rights in Germany. They had an actor use a camera at different “sensitive” government locations, doing the exact same things (e.g. film the locations of security cameras) but dressed in two different outfits — first as a European tourist and then as a Middle Eastern man. The result shows that how law enforcement deals with cameras is largely determined by common prejudices.
The Long Beach Police Department’s hunt for photos with “no apparent esthetic value” quickly became national news last week. Here’s a news segment in which Alyona Minkovski of RT speaks out against the erosion of photographers’ rights in the United States:
I understand that the Department of Homeland Security has a job to do, but we can’t just automatically assume that any photographer out there is a terrorist. At this rate I’m pretty sure that all the hipsters in LA will be locked up in no time.
Hopefully the publicity that these stories receive will make it easier for photo-enthusiasts to shoot in public without being harassed.
Freelance news photographer Phil Datz was recording the conclusion of a police chase from the opposite sidewalk last Friday when he was confronted by a police officer and commanded to “go away”. Though he politely obeyed and moved a block further from the scene, the officer decided to arrest him for “obstruction of governmental administration”. The latest news is that the department is planning to drop the charges and put its officers through “media relations training”.
Here’s a short clip from the talk show Stossel where American libertarian journalist Radley Balko talks about how cameras — especially mobile phone ones — are a powerful weapon against tyranny, and why laws should protect our rights to use them.
On June 21, 2011, non-profit organization Shoot Experience sent out six photographers to various parts of London to see the current state of photographers’ rights.
Some used tripods, some went hand held, one set up a 5 x 4.
All were instructed to keep to public land and photograph the area as they would on a normal day. The event aimed to test the policing of public and private space by private security firms and their reaction to photographers.
The result? Every one of the photographers was confronted at least once, and in three cases the police were called.
If ordinary citizens have the right to photograph police in public places, what about the other way around? That’s a question that’s sure to be asked often in the coming days, as 40 law enforcement agencies across the US are planning to use iPhones to photograph civilians for the purpose of identifying wanted perps. The system, called Mobile Offender Recognition and Information System (MORIS), costs $3,000 apiece and will be able to do facial recognition searches on a database of known criminals. Photographers’ rights will apply to cops too — police won’t be required to ask permission before snapping a photograph of your face!
Libertarian magazine Reason created this video about the erosion of photographers’ rights in the United States. One of the cases highlighted is the one involving Antonio Musumeci, who was arrested for filming a government building and came out victorious in a lawsuit with the help of the NYCLU.