Three years ago, an Illinois man named Michael Allison was arrested for videotaping police in public in accordance with the state’s extremely strict wiretapping laws. He faced up to 75 years in prison for his crime, but a few months ago an Illinois judge ruled that the laws were unconstitutional and threw out the case. However, the State of Illinois is now appealing to the Supreme Court to have the dismissal overturned.
Boston lawyer Simon Glik was arrested on October 1, 2007 when he used his cell phone to record officers making a drug arrest, and later sued the city and the officers for violating his rights. After the officers tried to having the lawsuit dismissed on the basis of qualified immunity, a Federal Appeals Court denied the motion last week and ruled that filming and photographing police is in fact protected by the First Amendment. They also note that the rights extend not just to professional news gatherers, but ordinary citizens as well:
[...] changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.
This is great news for photographers’ rights (in the United States, at least).
Charges have been dropped against Anthony Graber, a motorcyclist who filmed a plainclothes Maryland State Trooper during a traffic stop and uploaded the video to YouTube. According to the Baltimore Sun,
Judge Emory A Pitt Jr. tossed all the charges filed against Anthony Graber, leaving only speeding and other traffic violations, and most likely sparing him a trial that had been scheduled for Oct. 12. The judge ruled that Maryland’s wire tap law allows recording of both voice and sound in areas where privacy cannot be expected. He ruled that a police officer on a traffic stop has no expectation of privacy.
“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”