[Scan-DC] Gazette editorial on journalist's arrest

[michael rumberg]

the article is pretty good but unfortunately ends with information out of context:

 David Rocah, a staff attorney with the American Civil Liberties Union 
of Maryland told The Gazette. “Independent of the First Amendment 
issues, there are no state laws that prohibit any of those things. 
There’s no law that prohibits photographing a police officer; no law 
that prohibits videotaping a police officer.”

He is correct as far as "photography" goes - however, videotaping is something altogether different.  Most video recording devices also capture audio.  But most states have laws that prohibit the interception of private conversation to which one is not a party.  And it is that audio content part on which police departments hang their hats when confiscating and charging people for videotaping them.  

My understanding is that this is why when you see TV news footage of events it is usually without audio - and that the newscasters provide voice-over.  Perhaps Kurt Brooks can shed some insight into this and maybe how professional TV news crews have been instructed? 

I suspect that had that journo in questions only been taking still photographs the cops wouldnt have been happy but wouldnt have been able to do anything.

Until laws get changed to allow the recording of conversations of public officials performing their duties in public, my suggestion is that cell phone and video recording device manufacturers should include a button that allows the user to cancel the audio recording.  Police will continue to meet out some street justice and possibly confiscate the device and memory but when its proven that there is no audio portion on the recording, then they will have to give it back.  

Ironically, police are allowed to audio record our interaction with them without permission, but we cant record our interaction with them without permission.


> From: oldsdoug at hotmail.com
> To: scan-dc at mailman.qth.net
> Date: Wed, 25 Jan 2012 12:36:30 -0500
> Subject: [Scan-DC] Gazette editorial on journalist's arrest
> 
> 
> Below is a link to an editorial in the Gazette newspapers concerning the arrest of the journalist from Kensington:
> 
> http://www.gazette.net/article/20120125/OPINION/701259491/-1/a-journalist-s-arrest-and-the-public-s-right-to-know-about-the-police&template=gazette
> 
> There has been some related discussion here.
> 
> DK
>