[Music] so I’d like to start off today by
so I’d like to start off today by
so I’d like to start off today by showing you a brief video clip it shows
showing you a brief video clip it shows
showing you a brief video clip it shows several police officers in New York
several police officers in New York
several police officers in New York applying a chokehold to Eric garner and
applying a chokehold to Eric garner and
applying a chokehold to Eric garner and many of you may have seen this clip
many of you may have seen this clip
many of you may have seen this clip before but if you haven’t I do caution
before but if you haven’t I do caution
before but if you haven’t I do caution you it may be somewhat disturbing so
you it may be somewhat disturbing so
you it may be somewhat disturbing so let’s go to the video but this is also
let’s go to the video but this is also
let’s go to the video but this is also I’m minding my business please just
I’m minding my business please just
I’m minding my business please just leave me alone I told you the last time
leave me alone I told you the last time
leave me alone I told you the last time please leave me alone don’t touch me
put your hand behind okay to put that
put your hand behind okay to put that video shows the power of anyone armed
video shows the power of anyone armed
video shows the power of anyone armed with nothing but a smartphone today to
with nothing but a smartphone today to
with nothing but a smartphone today to expose police seemingly abusing their
expose police seemingly abusing their
expose police seemingly abusing their positions of authority and guess what
positions of authority and guess what
positions of authority and guess what you only know about the illegal
you only know about the illegal
you only know about the illegal chokehold placed on Eric garner because
chokehold placed on Eric garner because
chokehold placed on Eric garner because a bystander in New York happened to film
a bystander in New York happened to film
a bystander in New York happened to film it need more evidence of the power of
it need more evidence of the power of
it need more evidence of the power of the smartphone as a tool for
the smartphone as a tool for
the smartphone as a tool for accountability consider a video taken at
accountability consider a video taken at
accountability consider a video taken at April 2015 by a barber named Faden
April 2015 by a barber named Faden
April 2015 by a barber named Faden Santana as he happened to walk to work
Santana as he happened to walk to work
Santana as he happened to walk to work one morning in South Carolina the video
one morning in South Carolina the video
one morning in South Carolina the video that Santana took shows police officer
that Santana took shows police officer
that Santana took shows police officer Michael Slager fakely fatally shooting
Michael Slager fakely fatally shooting
Michael Slager fakely fatally shooting in the back multiple times and unarmed
in the back multiple times and unarmed
in the back multiple times and unarmed and fleeing Walter Scott now the video
and fleeing Walter Scott now the video
and fleeing Walter Scott now the video that Santana took became key evidence in
that Santana took became key evidence in
that Santana took became key evidence in the murder trial against Officer Slager
the murder trial against Officer Slager
the murder trial against Officer Slager it ended in a hung jury in December 2016
it ended in a hung jury in December 2016
it ended in a hung jury in December 2016 but here’s an important point in one
but here’s an important point in one
but here’s an important point in one that I want to come back to later
that I want to come back to later
that I want to come back to later Santana merely observed Officer Slager
Santana merely observed Officer Slager
Santana merely observed Officer Slager he did not interfere and
he did not interfere and
he did not interfere and non-interference in turn is key for
non-interference in turn is key for
non-interference in turn is key for helping to deescalate tensions between
helping to deescalate tensions between
helping to deescalate tensions between police and the communities that they
police and the communities that they
police and the communities that they serve the smart phone in brief should be
serve the smart phone in brief should be
serve the smart phone in brief should be a tool for accountability not for
a tool for accountability not for
a tool for accountability not for interference now none of this is
interference now none of this is
interference now none of this is particularly new people have been
particularly new people have been
particularly new people have been filming police for many years now think
filming police for many years now think
filming police for many years now think about the video taken by George holiday
about the video taken by George holiday
about the video taken by George holiday some twenty five-plus years ago from his
some twenty five-plus years ago from his
some twenty five-plus years ago from his Los Angeles apartment balcony it showed
Los Angeles apartment balcony it showed
Los Angeles apartment balcony it showed several Los Angeles police officers
several Los Angeles police officers
several Los Angeles police officers beating Rodney King with batons
beating Rodney King with batons
beating Rodney King with batons following a high-speed chase now that
following a high-speed chase now that
following a high-speed chase now that video sparked both civil and criminal
video sparked both civil and criminal
video sparked both civil and criminal trials against the officers involved and
trials against the officers involved and
trials against the officers involved and ultimately led to riots in the city of
ultimately led to riots in the city of
ultimately led to riots in the city of Los Angeles now much has changed since
Los Angeles now much has changed since
Los Angeles now much has changed since then with regard to technology back then
then with regard to technology back then
then with regard to technology back then it was the handheld camcorder and today
it was the handheld camcorder and today
it was the handheld camcorder and today it’s it’s just a smartphone but nothing
it’s it’s just a smartphone but nothing
it’s it’s just a smartphone but nothing has changed about the impact that these
has changed about the impact that these
has changed about the impact that these videos have on the criminal justice
videos have on the criminal justice
videos have on the criminal justice system and all of this today takes place
system and all of this today takes place
system and all of this today takes place within a much larger conversation one
within a much larger conversation one
within a much larger conversation one about police and community relations
about police and community relations
about police and community relations today police find themselves working
today police find themselves working
today police find themselves working under a microscope they have some
under a microscope they have some
under a microscope they have some several shootings of African Americans
several shootings of African Americans
several shootings of African Americans helped to spark the black lives matter
helped to spark the black lives matter
helped to spark the black lives matter movement and thus today anyone armed
movement and thus today anyone armed
movement and thus today anyone armed with a smartphone could help hold police
with a smartphone could help hold police
with a smartphone could help hold police accountable for their actions and yet
accountable for their actions and yet
accountable for their actions and yet just as significantly videos can also
just as significantly videos can also
just as significantly videos can also help police
help police
help police now how so you might wonder how might
now how so you might wonder how might
now how so you might wonder how might that be that a video could help a police
that be that a video could help a police
that be that a video could help a police officer well imagine an officer was
officer well imagine an officer was
officer well imagine an officer was falsely accused of abusing a suspect a
falsely accused of abusing a suspect a
falsely accused of abusing a suspect a video could show what really happened a
video could show what really happened a
video could show what really happened a video in turn could clear the officer of
video in turn could clear the officer of
video in turn could clear the officer of any wrongdoing and yet unfortunately
any wrongdoing and yet unfortunately
any wrongdoing and yet unfortunately we’ve seen several incidents where
we’ve seen several incidents where
we’ve seen several incidents where citizens have had their smartphone
citizens have had their smartphone
citizens have had their smartphone seized and smashed simply because they
seized and smashed simply because they
seized and smashed simply because they were recording an officer from a public
were recording an officer from a public
were recording an officer from a public sidewalk in yet on the other hand
sidewalk in yet on the other hand
sidewalk in yet on the other hand sometimes police rightfully worry that
sometimes police rightfully worry that
sometimes police rightfully worry that those filming them will interfere with
those filming them will interfere with
those filming them will interfere with the often dangerous and deadly work that
the often dangerous and deadly work that
the often dangerous and deadly work that it is being an officer so what’s the
it is being an officer so what’s the
it is being an officer so what’s the solution the solution is for both sides
solution the solution is for both sides
solution the solution is for both sides police and citizens to know and
police and citizens to know and
police and citizens to know and understand their rights when it comes to
understand their rights when it comes to
understand their rights when it comes to filming police in public spaces and this
filming police in public spaces and this
filming police in public spaces and this leads to the big picture question is
leads to the big picture question is
leads to the big picture question is there a constitutional right to film
there a constitutional right to film
there a constitutional right to film police in public spaces such as parks
police in public spaces such as parks
police in public spaces such as parks sidewalks and streets and that’s a
sidewalks and streets and that’s a
sidewalks and streets and that’s a question that I’ve studied now for
question that I’ve studied now for
question that I’ve studied now for several years and what I found is that
several years and what I found is that
several years and what I found is that it’s a two-sided issue and I want to
it’s a two-sided issue and I want to
it’s a two-sided issue and I want to tell you today about both sides first
tell you today about both sides first
tell you today about both sides first citizens must respect police and not
citizens must respect police and not
citizens must respect police and not interfere with their jobs and yet on the
interfere with their jobs and yet on the
interfere with their jobs and yet on the other hand police must respect the First
other hand police must respect the First
other hand police must respect the First Amendment a basic civil right now I’m a
Amendment a basic civil right now I’m a
Amendment a basic civil right now I’m a First Amendment advocate and I have been
First Amendment advocate and I have been
First Amendment advocate and I have been for years at least since the time I was
for years at least since the time I was
for years at least since the time I was editor of my high school newspaper but I
editor of my high school newspaper but I
editor of my high school newspaper but I do understand one thing
do understand one thing
do understand one thing and that is if there is to be a First
and that is if there is to be a First
and that is if there is to be a First Amendment right to film police that it
Amendment right to film police that it
Amendment right to film police that it cannot be an absolute right what does
cannot be an absolute right what does
cannot be an absolute right what does that mean not in absolute right that the
that mean not in absolute right that the
that mean not in absolute right that the right must be subject to some
right must be subject to some
right must be subject to some limitations particularly when safety
limitations particularly when safety
limitations particularly when safety concerns are involved so here’s what I
concerns are involved so here’s what I
concerns are involved so here’s what I found from my research the right to film
found from my research the right to film
found from my research the right to film police in public places flows from the
police in public places flows from the
police in public places flows from the First Amendment to the United States
First Amendment to the United States
First Amendment to the United States Constitution the First Amendment
Constitution the First Amendment
Constitution the First Amendment protects free speech and Free Press
protects free speech and Free Press
protects free speech and Free Press against government censorship so how is
against government censorship so how is
against government censorship so how is the First Amendment going to be relevant
the First Amendment going to be relevant
the First Amendment going to be relevant here
here
here well first of all videos are a form of
well first of all videos are a form of
well first of all videos are a form of speech and second police are members of
speech and second police are members of
speech and second police are members of the government therefore the First
the government therefore the First
the government therefore the First Amendment is relevant but ultimately it
Amendment is relevant but ultimately it
Amendment is relevant but ultimately it is up to the United States Supreme Court
is up to the United States Supreme Court
is up to the United States Supreme Court the nation’s highest court to tell us
the nation’s highest court to tell us
the nation’s highest court to tell us what those words in the First Amendment
what those words in the First Amendment
what those words in the First Amendment mean Congress shall make no law
mean Congress shall make no law
mean Congress shall make no law abridging freedom of speech or the press
abridging freedom of speech or the press
abridging freedom of speech or the press well unfortunately and perhaps
well unfortunately and perhaps
well unfortunately and perhaps surprisingly the United States Supreme
surprisingly the United States Supreme
surprisingly the United States Supreme Court has never actually considered a
Court has never actually considered a
Court has never actually considered a case directly involving the right to
case directly involving the right to
case directly involving the right to film police in public now I said that
film police in public now I said that
film police in public now I said that might seem surprising but it’s really
might seem surprising but it’s really
might seem surprising but it’s really not and that’s because the law always
not and that’s because the law always
not and that’s because the law always lags behind technology consider it a
lags behind technology consider it a
lags behind technology consider it a tech lag as it were as they say the
tech lag as it were as they say the
tech lag as it were as they say the wheels of justice often grind slowly so
wheels of justice often grind slowly so
wheels of justice often grind slowly so without any guidance from the United
without any guidance from the United
without any guidance from the United States Supreme Court lower courts across
States Supreme Court lower courts across
States Supreme Court lower courts across the nation have been left us sorted out
the nation have been left us sorted out
the nation have been left us sorted out for themselves and while some have
for themselves and while some have
for themselves and while some have reached different answers and some
reached different answers and some
reached different answers and some frankly haven’t even addressed the issue
frankly haven’t even addressed the issue
frankly haven’t even addressed the issue at all the growing consensus seems to be
at all the growing consensus seems to be
at all the growing consensus seems to be this that there is a First Amendment
this that there is a First Amendment
this that there is a First Amendment right to film police in public places
right to film police in public places
right to film police in public places like parts but it is subject to what
like parts but it is subject to what
like parts but it is subject to what courts call reasonable restrictions in
courts call reasonable restrictions in
courts call reasonable restrictions in other words it’s not an absolute right
other words it’s not an absolute right
other words it’s not an absolute right there’s some caveats and exceptions to
there’s some caveats and exceptions to
there’s some caveats and exceptions to it and this actually makes sense with
it and this actually makes sense with
it and this actually makes sense with much of free speech law the First
much of free speech law the First
much of free speech law the First Amendment doesn’t give you blanket
Amendment doesn’t give you blanket
Amendment doesn’t give you blanket protection to say anything you want
protection to say anything you want
protection to say anything you want anytime in any location you can’t after
anytime in any location you can’t after
anytime in any location you can’t after all falsely shout fire in a crowded
all falsely shout fire in a crowded
all falsely shout fire in a crowded theater but back to what that term
theater but back to what that term
theater but back to what that term reasonable restrictions means
reasonable restrictions means
reasonable restrictions means unfortunately it’s a gray cloudy German
unfortunately it’s a gray cloudy German
unfortunately it’s a gray cloudy German and the only thing really certain is
and the only thing really certain is
and the only thing really certain is that citizens cannot interfere with
that citizens cannot interfere with
that citizens cannot interfere with police when doing their job and that’s a
police when doing their job and that’s a
police when doing their job and that’s a point that I raised earlier with regard
point that I raised earlier with regard
point that I raised earlier with regard to the video that Faden Santana took of
to the video that Faden Santana took of
to the video that Faden Santana took of the shooting of Walter Scott
the shooting of Walter Scott
the shooting of Walter Scott Santana merely observed he did not
Santana merely observed he did not
Santana merely observed he did not interfere so what constitutes then
interfere so what constitutes then
interfere so what constitutes then reasonable restrictions what courts tend
reasonable restrictions what courts tend
reasonable restrictions what courts tend to weigh several factors first they
to weigh several factors first they
to weigh several factors first they consider the dangerousness of the
consider the dangerousness of the
consider the dangerousness of the situation the interaction between the
situation the interaction between the
situation the interaction between the officer and the suspect involved and
officer and the suspect involved and
officer and the suspect involved and second they also tend to consider safety
second they also tend to consider safety
second they also tend to consider safety factors public safety and citizen safety
factors public safety and citizen safety
factors public safety and citizen safety and suspect safety but what does all
and suspect safety but what does all
and suspect safety but what does all this really mean in the real world well
this really mean in the real world well
this really mean in the real world well what it really means is that both sides
what it really means is that both sides
what it really means is that both sides both citizens and police need to respect
both citizens and police need to respect
both citizens and police need to respect and to understand their rights and if
and to understand their rights and if
and to understand their rights and if they did so I think a lot of things
they did so I think a lot of things
they did so I think a lot of things would happen in particular the tensions
would happen in particular the tensions
would happen in particular the tensions between communities and police today
between communities and police today
between communities and police today that exists might go down so what are
that exists might go down so what are
that exists might go down so what are then some real steps some concrete steps
then some real steps some concrete steps
then some real steps some concrete steps that both citizens and police can take
that both citizens and police can take
that both citizens and police can take to help lessen those tensions that I
to help lessen those tensions that I
to help lessen those tensions that I just mentioned well first let’s talk
just mentioned well first let’s talk
just mentioned well first let’s talk about citizens citizens must not
about citizens citizens must not
about citizens citizens must not interfere with police when filming them
interfere with police when filming them
interfere with police when filming them in second they shouldn’t stand too close
in second they shouldn’t stand too close
in second they shouldn’t stand too close now unfortunately how close is too close
now unfortunately how close is too close
now unfortunately how close is too close is a gray area standing 25 feet back may
is a gray area standing 25 feet back may
is a gray area standing 25 feet back may be perfectly permissible but just five
be perfectly permissible but just five
be perfectly permissible but just five feet back less than two yards maybe not
feet back less than two yards maybe not
feet back less than two yards maybe not so exercise some common sense when
so exercise some common sense when
so exercise some common sense when filming in terms of how close you come
filming in terms of how close you come
filming in terms of how close you come second people need to think about
second people need to think about
second people need to think about whether it’s night or day and whether
whether it’s night or day and whether
whether it’s night or day and whether one officer is surrounded by a hostile
one officer is surrounded by a hostile
one officer is surrounded by a hostile crowd of dozens that’s a basic
crowd of dozens that’s a basic
crowd of dozens that’s a basic consideration of officer safety and
consideration of officer safety and
consideration of officer safety and third citizens need to understand that
third citizens need to understand that
third citizens need to understand that courts do consider some types of
courts do consider some types of
courts do consider some types of interactions between police and suspects
interactions between police and suspects
interactions between police and suspects to be inherently dangerous so for
to be inherently dangerous so for
to be inherently dangerous so for instance traffic stops are considered to
instance traffic stops are considered to
instance traffic stops are considered to be inherently dangerous interactions
be inherently dangerous interactions
be inherently dangerous interactions thus when filming a traffic stop don’t
thus when filming a traffic stop don’t
thus when filming a traffic stop don’t come too close and fourth and finally if
come too close and fourth and finally if
come too close and fourth and finally if you’re recording a police officer
you’re recording a police officer
you’re recording a police officer don’t yell yelling only escalates
don’t yell yelling only escalates
don’t yell yelling only escalates tensions take the high ground and record
tensions take the high ground and record
tensions take the high ground and record as a neutral observer again the
as a neutral observer again the
as a neutral observer again the smartphone should be a tool for
smartphone should be a tool for
smartphone should be a tool for accountability not for interference now
accountability not for interference now
accountability not for interference now what about police what can they do well
what about police what can they do well
what about police what can they do well several things first they need to
several things first they need to
several things first they need to understand that when they work in a
understand that when they work in a
understand that when they work in a public space they have no reasonable
public space they have no reasonable
public space they have no reasonable expectation of privacy and second they
expectation of privacy and second they
expectation of privacy and second they also need to understand that indeed the
also need to understand that indeed the
also need to understand that indeed the vast majority of courts have held that
vast majority of courts have held that
vast majority of courts have held that there is a First Amendment right to film
there is a First Amendment right to film
there is a First Amendment right to film police in public spaces subject to those
police in public spaces subject to those
police in public spaces subject to those reasonable restrictions and third if
reasonable restrictions and third if
reasonable restrictions and third if they believe that someone who is filming
they believe that someone who is filming
they believe that someone who is filming them is standing too close they should
them is standing too close they should
them is standing too close they should order them to stand back rather than
order them to stand back rather than
order them to stand back rather than seizing their phone or worse yet
seizing their phone or worse yet
seizing their phone or worse yet grabbing it and smashing it to the
grabbing it and smashing it to the
grabbing it and smashing it to the ground again de-escalating tensions is
ground again de-escalating tensions is
ground again de-escalating tensions is key on both sides of the equation so
key on both sides of the equation so
key on both sides of the equation so ultimately the bottom line is that both
ultimately the bottom line is that both
ultimately the bottom line is that both police and citizens need to take each
police and citizens need to take each
police and citizens need to take each other’s perspectives in doing so they
other’s perspectives in doing so they
other’s perspectives in doing so they need to understand that there is a First
need to understand that there is a First
need to understand that there is a First Amendment right to film police but it
Amendment right to film police but it
Amendment right to film police but it has its limits
has its limits
has its limits and in particular it ends when observing
and in particular it ends when observing
and in particular it ends when observing crosses the fine line into interfering
crosses the fine line into interfering
crosses the fine line into interfering if both sides knew and did this I think
if both sides knew and did this I think
if both sides knew and did this I think several things would happen one tensions
several things would happen one tensions
several things would happen one tensions between police and communities would
between police and communities would
between police and communities would de-escalate police accountability would
de-escalate police accountability would
de-escalate police accountability would increase and finally the First Amendment
increase and finally the First Amendment
increase and finally the First Amendment would be safeguarded so the final lesson
would be safeguarded so the final lesson
would be safeguarded so the final lesson then is this know your rights exercise
then is this know your rights exercise
then is this know your rights exercise your rights but know their limits the
your rights but know their limits the
your rights but know their limits the line between observing and interfering
line between observing and interfering
line between observing and interfering is a fine one thank
”
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