Appeals Court Rules It Is Not Illegal To Film Police

Americans still being arrested for recording cops as a consequence of mass hoax

Paul Joseph Watson
Prison Planet.com
Thursday, September 1, 2011


Despite the mass hoax still being promulgated by both the mainstream media and local authorities across America, the First Circuit Court of Appeals has ruled that it is not illegal for citizens to videotape police officers when they are on public duty.

“The filming of government officials while on duty is protected by the First Amendment, said the Court,” reports Daily Tech.

“The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity].,” said the Court. “Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of governmental affairs,” stated the ruling, adding that this has been the case all along, and that the right to film police officers is not just restricted to the press.

The case cited several examples where citizens were arrested for documenting acts of police brutality on recording devices, including that of Simon Glik, who was arrested after he filmed Boston police punching a man on the Boston Common.

Another case involved Khaliah Fitchette, a teenager who filmed police aggressively removing a man from a bus in Newark. Fitchette was arrested and detained for two hours before police deleted the video from her cellphone.

The court ruling also made it clear that bloggers who report news based on their recordings of police have equal protection under the law as journalists.

  • A d v e r t i s e m e n t

“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,” stated the court.

Despite the ruling, state authorities in Illinois are still trying to prosecute 41-year old mechanic Michael Allison for recording police officers in public. Allison faces a life sentence on five separate counts of “eavesdropping” that add up to 75 years.

The Attorney General’s Office is determined to make an example out of Allison in a bid to intimidate the public against filming the actions of police. In brazenly disregarding the law as well as legal precedent (every single charge against people for filming police, including a recent case in Illinois, has been thrown out of court), authorities are clearly using official oppression in their vendetta against Allison.

Despite innumerable cases where charges have been dropped against citizens arrested for filming police, the mass media still constantly invokes the misnomer that it is illegal to record cops in public.

The fact that arrests are still occurring on a regular basis nationwide also underscores how police are being trained to enforce a law that doesn’t exist, before hitting victims of this hoax with charges more severe than those a murderer would expect to receive and expecting them to back down and plea bargain, a startling reflection of the cancerous criminality that has set the United States well on course to becoming a police state.

*********************

Paul Joseph Watson is the editor and writer for Prison Planet.com. He is the author of Order Out Of Chaos. Watson is also a regular fill-in host for The Alex Jones Show.






 
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59 Responses to “Appeals Court Rules It Is Not Illegal To Film Police”

  1. “QUOTE” FROM DR.CHUCK BALDWIN – 62:11- *(GOOGLE )* A Nation Under Judgment

    “If you pass enough laws,if you make enough laws,you will,you will at some point,force
    good men,to be law breakers.I don’t know how, if ,you understand that.You make enough
    laws,and at some point you’ll force good men,to become law breakers.Because a man of
    honor,a man of character,a man of integrity,can not,and will not, dify his character,
    his honor, his integrity for the sake of a unjust law.That is a reality!”

    “Some of theses guys that responsible for some of theses laws know that and they are
    purposely createing laws in order to make honorable men,law breakers that they might
    in force judgement against good honorable, honest,men.”

    “Not everyone in prison is a criminal;Not everyone in prison is a law breaker;and not
    everyone walking around isn’t.Alot of people walking around that otta ta be in jail,and
    there’s alot of people in jail that otta be walking around.And the more a nation goes into
    corruption the more thoses two things are screwed up “.

    Isaiah 5:20-23
    King James Version (KJV)
    20Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!
    21Woe unto them that are wise in their own eyes, and prudent in their own sight!
    22Woe unto them that are mighty to drink wine, and men of strength to mingle strong drink:
    23Which justify the wicked for reward, and take away the righteousness of the righteous from him!

    Isaiah 13:11
    King James Version (KJV)
    11And I will punish the world for their evil, and the wicked for their iniquity; and I will cause the arrogancy of the proud to cease, and will lay low the haughtiness of the terrible.

  2. Hurrah, common sense at last. At least until some higher up judge reverses this.

  3. How about we all procure those tiny cams you can pin on and hide, lol. To know what they do when they know they are being recorded, imagine what we’d find if they didn’t know they were being recorded.

  4. Smile you’re on Infowars.com-PrisonPlanet.tv

  5. I’m curious what constitutes a public place in this courts opinion. Obviously outside in public is a public place but how about areas like in Customs, or TSA security checkpoints, airports, courtrooms, etc. A clear idea of what a public place would have been nice. Did the court outline that in their ruling?

    • In a free nation,” a public place” is everywhere but a persons bedroom and bathroom.
      But, in the United States of Babylon, Who the hell knows??

    • I know not everything on the internet is true, lol… but here is an example I found…

      A public place is generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.

    • @ ElitistNut: YOU SHOULD GO AHEAD AND TEST THE SYSTEM, SO THAT WE ALL CAN LEARN, WHAT DOES FILMING IN PUBLIC MEANS.

  6. As a police officer, I want people to be able to video officers. It protects the innocent, whether the innocent is an officer or not. It also protects the safety of officers. Let me explain. This recent move by the mainstream and law enforcement to allow officers to operate in secrecy while on duty is very dangerous. The courts already take the word of an officer over the word of a non-officer, so without the ability to video to protect their innocence, individuals know that all an officer must do to ruin their life is to make something up or plant something. Without this protection, combined with not having any recourse within the law (as outlined in the constitution) against officers who commit these crimes, I am afraid that people will resort to killing officers, especially if they see that an officer is (or even if they think the officer may be) about to ruin their life anyway.

    • MORE OFFICERS LIKE YOURSELF, WOULD HELP TO REMOVE THE NEGATIVE STIGMA PLACED ON YOU GUYS. PLEASE NEVER LOSE YOUR PURE SENSE OF DUTY. THANK YOU. GOD BLESS.

      • Pure sense of duty? Do you think this cop has never done anything wrong or never covered up for one of his demented partners? I am going to assume he has as the cops assume every one of us civilians is guilty of some crime and deserves jail. I have a friend who is an ex-cop..very nice guy but has become a serious Jesus freak, he told me he is trying to atone for all his bad deeds when he was an officer, trampling peoples rights. Guilty one, guilty ALL.

    • ABSOLUTELY AGREE !!
      very glad to see a policeman that gets it, tyvm.

      so many people ARE like 1 ticket away from losing everything theyve ever known or owned because of the deliberate and treasonous economic sabotage “legalized” by DC. meantime the REAL criminals wearing the 3 piece suits who caused the situation are walking free laughing all the way to the bank, as they repo everything after causing the massive unemployment..

      yeah us regular folks are beginning to despise the kind of police who view us as chickens to be plucked slaughtered baked and served, the kind REAL police ought to be arresting, along with the judges who are the same kind of vampire parasites.

      stick around and learn more, do what you can when its appropriate if possible too thanks.

    • We(and a lot of “you”) are fully aware of this,
      but until you get the countrys chief Law dog(Obama)
      to stop this abuse from the AG down,
      you have two choices, quit being a cop, or become a PIG like them!

    • I’m afraid it is too little, too late for any explaination on behalf of cops. You may be a good cop but your rotten cronies have made you all hated in this country. Police officers used to be trusted and looked up to but your documented behavoirs may have cemented your fates. Now people are terrified of the cops, and rightfully so and you have no one to blame but yourself. I would like to live in a world where cops could be trusted and act like the servants that they are supposed to be. We need professionals in law enforcement, not a bunch of mental patients or a bunch of cowards who lie and cover for their demented brothers. If people start killing cops, it will be because they are fed up and tired of being guilty until proven innocent. We have a system that is supposed to give us recourse for any deviant behavior by the law. It is what you cops wipe your asses with daily and it is called the Constitution and the Bill of Rights. You all have dug your hole and now your scared that people will be killing cops. What a joke! Maybe some people feel the need to even the score. You are only given the power to enforce the law, not treat the very people who pay your salary like shit. Better get out on the road, I am sure there is an 80 year old grandmother in your territory who has forgotten her seat belt and she deserves punishment.

    • Saving this republic will demand mass rebellion of all law enforcement officers of good conscience. It’s time to stop serving the government and resume serving the people.

  7. Not to go down a rabbit hole, but the current returning of reporting/researching/investigating-researching/ producing and airing news by the PEOPLE, not by the big boys anymore, in effect “CITIZEN JOURNALISM” there is a legal question – if the public has the ability to take a picture/film an event/tape a public servant’s comments AND AIR it on Infowars/youtube/whatever website, to the public, does that make every citizen a member of the press???

    Can you envoke freedom of the press for covering an occurrence that is of interest to the public???

    Is Freedom of the Press only for CERTAIN PEOPLE, CERTAIN PRESS, not all? only government-approved press alla Pravda and Izvestia???

    Is an inquiring citizen reporting on their website and airing videos on youtube a member of the press???

    We’re basically in the beginning of the new form of mass communication, the same as when Guttenberg started using the press, but this is the people’s media produced by the people themselves, not transnational corporation that can’t be own except by a financier or a billion dollar hierarchy.

    What we have now is the media taken back into the public’s hands.

    So, in this revised media, does the public have the same rights as the press?

    Actually, they ARE the press – reporting what the heck happened here or there – and should have the protected constitutional freedom of “the Press”.

    • after Guttenberg should be “printing press” sorry…

    • Yes it does and that was the intent of the founders of this republic!

  8. They Don’t Want Another Zapruder on their hands.

    help fight the globalists, and UNLOCK minds

    infowarrior76. com has news articles in a drudge format

  9. This reminds me of when I was a kid back in East Alton, a small town in Southern Illinois // I hadn’t seen a friend, an older friend who had a drivers license and his own car, for a couple of days. And when he finally showed up he had this story of the local police giving him a traffic fine for making a U-turn on the otherside of town, a place I knew and a place with little traffic but apparently a hiding police officer there doing his duty in protecting the common everyday citizen from harm. God Bless America. Well, Larry paid the traffic fine, a couple of bucks, and then went about following that same police car doing so from a distance; and when the officers eventually made a U-turn as Larry guessed they might, Larry went straight back to the police station to register a complaint and make a citizen’s arrest. My friend went on to say they considered him a trouble maker, saying any citizen’s arrest was nonsense, saying the officer’s defense given by the officer then on duty at the station was they did nothing wrong, they most likely were chasing down a bad guy or two AND allowed to make a U-turn. Similar to what Larry was guilty and convicted of. Larry continued stating his purpose but was arrested on the spot and spent a couple of days and nights in jail for being a wise ass. An early education for those listening.

    • How many guns did he go out an purchase following his release?

    • The lesson is that it’s THEIR game, THEIR rules (which they make) and going head-to-head with them is a waste of time. placeofrefuge2012.com

      • Why don’t you give scripture instead of your goofy website?

        • the Word of God will set them free, not your foolish place of refuge website

        • They are interested only in capitalizing on peoples fears. Kinda like the advertisers on this site. God has nothing to do with it.

  10. The Attorney General’s Office is squeaky clean, I bet if ordinary citizens followed the attorney general around, they would not film him doing anything wrong.

    Or perhaps people that work in the Attorney General’s Office can record some innocent activity, and you tube it, whats good for the goose is good for the gander.

    After all, if you are not doing anything wrong , you have nothing to worry about, right?

    As a victim of 24/7 fusion center gang stalking for over 5 years, I am now great full that we Americans have so many well trained stasi, all they have to do, is change teams, and become patriots that protect Americans , and not the stasi leaders.

    Follow the stasi leaders, and film them, spy on them, they are the ones who are tearing this country apart.

    • you mean grateful………

  11. I think we all should carry cams around and film cops every chance we get.

    • Not only cams, wear a six shooter on your hip,
      cops really get a woody if you brandish a firearm WITH your camera!

  12. Especially it’s ok to film police if you believe a crime is being perpetrated.

  13. Im sure we really needed to waste tax payer money on a appeals court for this. Obvisouly your aloud to film cops or anyon else in a public place, what a waste of time money.

    • it isnt a waste of time and money at all, especially if this ruling is used to backtrack all the cases where the police, lawyers, prosecuting attorneys and judges are charged with treasonous miscarriage of justice and prosecuted themselves.

  14. This is another point in time where I say it is GREAT to be an American. I know people on the site spend a lot of time harping on the US as a police state and control grid, but the reality is, once people stand up and fight for their rights, the positive end results come to fruition. The justice system here in the US is cracking, but the respect for the constitution and the rule of law is still strongly upheld by many in the courts and public sector. I used to live in the UAE (like Dubai).. Everybody think it’s so fancy and modern, which in some sense it is, but guess what..if you even Mutter badly against the government, you are detained immedietly, deported, tortured, or worse. If you try to film a police officer, THAT IS IT for you. People in the US need to wake up and realize two things, A.) their freedoms are preserved in pockets of society, BUT it comes with responsibilities. B.) IT really is not THAT terrible here. Every place has it’s problem, but imagine you and your family were living in Sudan, Iran, Saudi, or under any other oppressive state regime that would literally kill you if you speak out. WE HAVE RIGHTS here, and although there are times where power players want to trample that power, we have legal recourse to put them back in their places!

    • The constitution is not being served if on one hand the court says it is legal, yet the police and prosicutors are still arresting and charging people with filming. Intimidation is still happening and the upper courts and the attorney general of the US still allow this to happen without going after those that abuse thier power. This should be a done deal no more arrests for filming. Destroying a persons life with just the cost and time of fighting this outrage is enough to bankrupt most people. And then to have the court say oh sorry you can do this. Where is the justice in that.

    • You’re absolutely right about us having rights in this country, and about them being trampled on as well. Thats why I’ll be damned if were not going to make as big of a fuss as possible in order to preserve these rights before violating them becomes common place. But you also have to remember the frog analogy as well and understand that many things that used to be completely legal and therefore cops would never even think about arresting you for have either become illegal or the police have abused their power to arrest innocent people that have to spend time, however short, in jail, unnecessarily. Whether the charges are dropped immediately or if you have to take it to trial in order to prove your innocence, it usually takes time and money and is a way of keeping people afraid of their own rights. This is a completely different form of oppression, rather than the “gun in your face” tactic that third world countries use, but it is still a form of oppression.

      FLEX YOUR RIGHTS EVERY CHANCE YOU GET

      RESTORE THE REPUBLIC

  15. How about slamming into them with cars and later staging a kidnapping. Is that legal?

    Learn what Obama, Osama, Biden, Bin Laden, the FBI’s Most Wanted Terrorists, and Sarah Palin had to do with the last presidential election and the military’s overthrow of our government. Search PalinsDirtyLittleSecret.blogspot and share it with the world before I’m tortured to death.

  16. This is a victory for freedom! At least for now!

  17. Something learned from the G20 in Canada is ” Just cuz the cops say it’s illegal, doesn’t mean it really is ” They all lie, to serve their own agenda.

  18. Show your love.
    Record a cop doing his job, today!
    After all, he works for you!

  19. Excellent! Glad to hear this news.

    Beacon

  20. IS THIS A GOOD ‘PRECEDENT’ FOR THAT IL.–LEGAL, SHIT CASE…? ANY ‘LEGAL EAGLES’, OUT THERE…? I would think it just may be…!

  21. NICE JOB SIMON!!!!!!! GIT’N IT DONE BROTHA!!!!!!!

  22. BRAVO!!

    Truth and Justice will prevail. Love conquers all, and there can be no love without truth

  23. …FIRST OF ALL… ))—–”THEY ARE ‘SERVANTS’ OF THE PUBLIC”—–(( “WE-PAY-THEM”…! “THEY-WORK-FOR-US…!” …PERIOD…!!!

    • I KNOW I WAS ARGUING WITH SOME DUMMIES ON HERE THAT THEY WERE TRYING TO USE A BULLSHIT OLD LOOPHOLE TO TRY AND STOP THEMSELVES FROM BEING CAUGHT WITH THEIR HANDS IN THE COOKIES JARS SO TO SAY.. HE WAS LIKE IT’S A LAW IN MA THAT U CAN’T FILM THEM.. I TOLD HIM NO IT’S NOT THAT WIRETAPPING LAW WAS MADE FOR SOMETHING COMPLETELY DIFFERENT.. AND EITHER WAY IF THEY KNOW THEY ARE BEING RECORDED IT’S LEGAL! AND IT’S LEGAL ANYWAYS! WE NOW KNOW THEY WON’T BE TRYING TO CLAIM THIS WIRETAPPING NONSENSE ANYMORE… BTW…. BOSTON RESIDENT

      • Wow what is with all the shouting in here, alot of screamers AAAHHHHHHH!!!! oh yes I feel much better now.

  24. my question now is ,if a cop comes up to someone an takes the camra or trys to an the person fights back .hits the cop knowing the cop is in the wrong an is stealing ones camra.what will happen to that person ,when the cop is in the wrong.

    • Find a lawyer that may help you…you should’nt make any reason for the police to look as though they were in trouble, they may lie, ya know…? Just let them take the camera and fight it in court…! Look like the victim……………………………….NOW FOR ‘SPELLING’, ‘OPEN A NEW WINDOW’, THEN ‘SPELL’ THE WORD IN QUESTION…IT USUALLY POPS UP WITH THE CORRECT SPELLING…(JUST A THOUGHT, DUDE…!) WORKS FOR ME …!

      • thanks man

    • The sticking point here is that one must dutifully “submit to authority” (apparently) regardless of one’s understanding or perception of your rights. This is a “chicken and egg” sort of a conundrum that is a gray area of the law taken advantage of by law enforcement miscreants.

      I say the layer of the egg is the “chicken”, but the issue is who has the tazer.

      • as Bob Dylan sang “this world is ruled by violence”.

        • Hey ‘agent’, nice thought on that legal mumbo-jumbo…!!! Now for the ‘egg vs chicken’ item of curiosity…the egg is the environment from whence the ‘organism’ ‘developed’. It might be similar to the first chickenlooking creature, but that said it had to come from somewhere and inside the egg is where the ‘new organism’ came from. We see ‘evolution’ all over the place in microbial worlds, ‘bacterial strains’, becoming tolerant of anti microbial medicines,for example…because their generations pass so quickly…the ‘creature that laid the egg’ was not the chicken,te chicken ‘became’ the chicken in the egg…!

        • @ Blindfaith. Evolution is just as religious as creation. Evolution says something came from nothing, it blew up and created everything. Creation says something created everything from nothing. They both require faith to believe when it comes to origin. Question is, which faith has the greatest amount of evidence supporting it? Well I’ll leave that up to y’all to decide, my bet is creation though, the evidence is overwhelming that there aren’t any intermediate fossils laying around as Charlie Darwin predicted there would be millions if evo were to be true.

  25. “Despite the ruling, state authorities in Illinois are still trying to prosecute 41-year old mechanic Michael Allison for recording police officers in public. Allison faces a life sentence on five separate counts of “eavesdropping” that add up to 75 years.”

    Illinois is not bound by a ruling in the first circuit, hopefully the Illinois courts will find the opinion persuasive and the charges get dismissed. The only people that know for certain that they can film cops on duty with total impunity are those filming in the New England states.

    But this ruling is good news for Michael Allison because at the very least he will be sure to get appeals and possibly a Supreme Court Appeal if the Circuits disagree. The bad news is I don’t trust the Supremes to come down on the side of liberty, especially with some of the new judges Obama appointed. Kagen and Sotomayor look pretty evil to me.

    • These false charges by the criminal prosecutors in the corrupt gangland of Illinois are unsupportable and indefensible – they are doomed to failure. There is no way that any harm, impropriety of conduct nor perception of harm can be proven against the innocent Mr Allison.

      To say that the recording of such documentary evidence of public conduct in a public place is “eavesdropping” is to accuse every witness to every crime on the planet is somehow a criminal.

      These queer “eavesdropping” charges are an outrage.

      • The prosicutor in this and other cases do not care if it is thrown out later, thier objective is intimidation and persicution of the public. If they can convince enough people that they will be arrested they have won.

  26. no shite??? now….. ABOUT THE CHINESE PLANNING SNEAK ATTACKS?

    • COME ON MAN—’DON’T BELIEVE THE HYPE’— IF THEY WANT TO BRING BACK THE 60′S THREATS AND BULLSHIT LIKE THAT, BRING BACK THE 60′S ECONOMY AS WELL…!

      • BE ON THE LOOK OUT FOR BRAIN WASHED MIND CONTROLLED ZOMBIES TODAY!!!!!!! AS IT IS 9/1/11 BE VIGILANT MY GUARDIAN ANGELS OF LIGHT !!!!!!! THE FALLEN WILL STAY THERE!!!!!!! THE TRUE WILL RISE!!!!!!!

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