Attorney blogger told he is not allowed to shoot video in front of courthouse



Attorney Jon Katz, who runs the blawg (law blog) Underdog, was standing in front of a courthouse recording a video segment for his site when a bailiff told him he was not allowed to do so without a judge’s permission.

The incident occurred in Silver Spring, Maryland where three years ago, a private shopping mall was trying to ban photographs from a public sidewalk.

We’ve heard of several incidents where guards claim photography is not allowed in front of a courthouse, but this is the first case I’ve heard where a bailiff claims a judge’s permission is needed before shooting.

Although Katz knew he had the right to continue filming, he moved across the street to shoot his video where he offers advice on what to do when stopped by police.

This was Katz first video for his blog and he plans to do more, including shooting some clips standing in front of the Supreme Court where he will discuss cases.

Hopefully next time he gets harassed, he will capture the thugs on video.

Comments

Anonymous
Anonymous

Well at least this case sounds like the official maybe thought that this was a professional shoot? Wouldn’t that require a permit?

Anonymous
Anonymous

But the judges don’t hand out the permits.

Anonymous
Anonymous

Well I know who I WON’T be hiring as an attorney. Shame on this spineless wimp for not standing up for his rights and telling the balliff how wrong he was. I can only imagine what kind of brown-nosing he does when he’s in the courtroom. What he has done is simply enable more balliffs, and court security, to act like thugs towards law abiding photographers and videographers.

Anonymous
Anonymous

He sure talks a big game about how we have to stand up for our rights and not talk without a lawyer.

Funny how that contrasts with his own reaction to a bailiff telling him he couldn’t shoot his video with the courthouse in the background.

Puss.

Anonymous
Anonymous

The point of making the video flowed from Martin Luther King, Jr.’s, quote, and not from having attachment to the building — just three blockss from my office — where the quote is reproduced. Had a stayed, I would have been without my cameraperson, and would have had no video to make, not knowing at the time how to operate the equipment myself.

It is important to know when to hold and when to fold. I have known this bailiff for years, who was amiable, and who was either going on poor judgment, or by a directive he thought existed, whether or not it did. Before Carlos posted this blog entry, I prepared a letter that is going to the chief judge telling him about the incident and attaching a proposed order to let anybody and everybody photograph and videotape outside the courthouse.

Hire whomever you wish, although I hope you do not end up needing a criminal defense lawyer’s services. Jon
Jon Katz´s last blog ..Did the search warrant give a green light for caninicide?

Anonymous
Anonymous

I think what this lawyer doesn’t understand is the the video of the confrontation with the enforcer is normally much more entertaining and instructive than the original video that he is trying to make. All of these enforcer confrontations with videographers demonstrate how ignorant the enforcers are. This lawyer who has to practice in this courthouse doesn’t want to completely alienate the chief judge but the lawyer probably has read the courtroom rules and knows that the bailiff is interjecting a lot of BS. But, the lawyer still needs to make a living.

Anonymous
Anonymous

On the other hand, his conduct is also evidence that he is enough of a strategist to know the value of picking your battles.

Anonymous
Anonymous

This video like many make the very good point of erring on the side of being silent.

One question that never seems to get addressed is how to respond (politely and without provoking an aggressive response) to the aggressive questioning to which many photographers are subject.

e.g.
Officer: “Why are you taking pictures?”
Photographer: ” Officer, why are you questioning me?”

Photographer: “Ow.”

Anonymous
Anonymous

Now the question really is:

If this attorney is that easily persuaded that “photo’s of the courthouse taken from public property is not permitted without permission”.. then how good of a attorney is he really!!?

In the video he set himself out to be a “Human Rights” attorney, ie: “You have the right to say this, you have the right to say that, you have the right to”…. etc., etc.

If I was one of his clients, knowing what I saw and heard in the above video.. then I would be questioning his abilities toward my own cause, . After all, if he’s unwilling to defend himself on his own behalf, then how much effort is he going to do on mine!!?

Rail Car Fan

Anonymous
Anonymous

I agree. He replied to a response I left him on youtube, saying “I drafted a letter to the county’s chief District Court judge telling him what happened, and attaching a proposed order to allow anybody to photograph and videotape outside the courthouse.” We all know that letters like this go unanswered 95% of the time, and that the balliff will most likely never know about it, so he will continue to do the same thing. The attorney is just enabling the court officers to harrass more photographers outside the courthouse that have a legal right to be there. In my opinion, he wimped out.

Anonymous
Anonymous

“This is a rat writ-writ for a rat and service of same.” John Wayne True Grit

This is like asking a judge’s permission to film in front of his house.

Anonymous
Anonymous

There already is an order in effect that allows “anybody to photograph and videotape outside the courthouse.” It’s called the First Amendment, and lawyers and judges should know that.

I worry that if the judge denies this order or tries somehow to narrow its scope, it will have the chilling effect of restricting photographic/videographic activity outside the strict definitions of the order.

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