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

[Brooks, Kurt]

I did not mention this yesterday, but last night I spent four hours with MPD at their training academy on this very issue. The invitation was a result of the altercation I had with MPD at 11th & M Streets NW last month.

The training session had a goal of promoting understanding between the media (most specifically photographers) and the police. The session involved a half hour presentation by Gwendelyn Crump, PIO; an hour and a half with Mickey Osterreicher, General Counsel for the National Press Photographers Association; and then speaches by various still and video photogs, myself included.

Personally I gained the most from Mickey's presentation, where he made it clear that courts are ruling in favor of the First Amendment, and attemps such as Maryland's to apply wiretap law to video made in public places are laughable. The courts are also making no distinction between media and civilians with cameras. In short if you are in a public area you may videotape, no exceptions.

Sadly (and to no surprise), another thing I gained from this interaction was the reality that the police do maintain a group mentality, tend the view the media as a whole as 'out of control', and they believe it is at times their duty to protect citizens from the prying cameras of the media. Also I was a bit dismayed when I came to recognize that officers were all to ready to admit their human nature when dealing with others, but seemed forgetful that they posess and utilize police powers and authority, something the rest of us do not have. I think I left the meeting more disappointed by this notion than anything else.

If the idea was to help teach officers how to deal with the media I am not sure that was accomplished, but I can say I learned a lot about the state and clarity of rights in this country, and found them in better shape than I had hoped.

Kurt Brooks

________________________________________
From: scan-dc-bounces at mailman.qth.net [scan-dc-bounces at mailman.qth.net] On Behalf Of Dewey [dewey3 at gmail.com]
Sent: Wednesday, January 25, 2012 4:23 PM
To: Scan-DC at mailman.qth.net
Subject: Re: [Scan-DC] Gazette editorial on journalist's arrest

I am not a lawyer, nor do I play one on TV.

Now, with that disclaimer out of the way, there are two things to consider concerning wiretapping.   1) Jurisdiction , and 2) consent.  MD, unlike DC and VA is a 2-party state.  All parties privileged to the conversation must be made aware that they are being recorded (there are a very small number of criminal investigations where this is not the case).  DC and VA are 1-party states.  Just one person in the conversation, no matter how many, needs to know that the conversation is being recorded.  This is what got Linda Tripp in trouble in the beginning.  Had her recorded conversation with Monica taken place in DC or VA, there would not have been an argument concerning the recording.  Then number two, was consent given.  I'm with Kurt on this issue.  Since the entire event occurred in open public, my argument would be more geared at where is the expectation of privacy in public?  Does that mean two people in public and whispering in quiet do not have an expectation of privacy... no... they do to an extent.  But this is why they are whispering.  If this event is to be approached from a "wiretapping" perspective, it would have been better for the officer to express that.

Again, just my opinion.
Dewey