In the statement filed this week in a federal court in Maryland, the Justice Department argues that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and 14th Amendment rights protecting them from having those recordings seized without a warrant or due process. The DOJ urges the court to uphold these rights and to reject a motion to dismiss from Montgomery Co. in Garcia v. Montgomery Co., a case that has implications for an increasing crop of litigation on the subject in the era of ubiquitous smartphones.
The United States DOJ is concerned that discretionary charges, such as disorderly conduct, loitering, disturbing the peace and resisting arrest, are all too easily used to curtail expressive conduct or retaliate against individuals for exercising their First Amendment rights. … Core First Amendment conduct, such as recording a police officer performing duties on a public street, cannot be the sole basis for such charges,” wrote the DOJ Civil Rights Division.
The contention by these cops that they can't be recorded, performing their public duties, ostensibly in service of the citizens of their respective communities, is outrageous. Police officers in this country are in many cases a law unto themselves, too quick to use their fists, batons, tasers, mace and firearms against the public they are sworn to protect. Glad to see the Obama admin and the courts treating this ridiculous position with the contempt it deserves. In my opinion, every cop should have a go-pro camera attached to their person at all times, for their own sake and for the sake of the public
Our founding fathers KNEW that ALL rights come from God. Natural rights are rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable.
GOD Bless America!
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