Massachusetts Case Will Set Precedent Regarding Videotaping Of Cops

 

Four years ago, Boston police officers arrested a man for videotaping them making an arrest in a public park.

They charged Simon Glik with felony wiretapping, disturbing the peace and aiding the escape of a prisoner – even though all he did was hold up a video camera – and the man they were arresting did not escape.

The charges were quickly dropped and Glik eventually filed a lawsuit for false arrest, claiming his First and Fourth Amendment rights had been violated.

The police officers filed a motion to dismiss his complaint on the basis on “qualified immunity,” which is their way of claiming they had no idea videotaping cops in public was completely legal.

A judge denied that motion and they appealed, which brought the issue back to court last week.

Now another judge will decide whether the cops will be granted qualified immunity, which would set a legal precedent that cops can basically make unlawful arrests of citizens who videotape them without fear of repercussions.

The Citizen Media Law Project attended the first day of the hearing last week and did a thorough job of summarizing and analyzing the case on hand.

The ACLU has strongly backed Glik and has summarized the case on this site, including producing the above video, which shows the clip that got him arrested.

The case once again highlights the absurdity of police using wiretapping laws – which were created to prevent telephone conversations from being secretly recorded – to crack down on citizens videotaping them in public.

Massachusetts is a two-party consent state, meaning you are not allowed to secretly record another person without their knowledge.

But Glik was openly recording the officers in Boston Common as many other witnesses watched.  

However, because the cops were busy beating up on a man, they did not notice Glik recording them, so they are arguing that it was done in secret.

Under their interpretation of the law, as they told the judge, the man who videotaped the Rodney King beating  back in 1991 would have been committing a crime had it been done in Massachusetts instead of California.

 It’s pretty much an open-and-shut case, but police are doing all they can to wear Glik out in the hopes he gives up.

But Glik is a Massachusetts-licensed lawyer who emigrated from Soviet Russia, so apparently he is not taking the Constitution for granted.

Let’s hope the judge doesn’t take it for granted either.

Comments

A Russian that is more patriotic than a significant number of police. Let that sink in.

Most russians are more patriotic than the average WW2 veteran. At least about Russia.

:P

In America, you photograph police beating. In Soviet Russia, police photograph your beating.

How is it appropriate that a cop to claim ignorance on the law that is the same for the whole country when the average citizen can not to a law specific only to sub 1,000 resident town.

Because the people who set up the system are the same ones who enforce and punish, and so, all of those people are de facto above the law.

I think its bunk, just like qualified immunity. Just because you are employed the state, doesn't mean that you should be immune from lawsuits. In fact, I think because you are employed by the state, you shouldn't be immune.

If the police do not know the law ... ummmm ... THEY SHOULD NOT BE ENFORCING THE LAW ! (facepalm)

SteelToad - I couldn't have said it better

Off topic, but this may be of interest:

"Less than Picture Perfect: The Legal Relationship between Photographers' Rights and Law Enforcement" - Morgan Leigh Manning, University of Tennessee, Knoxville - College of Law, Tennessee Law Review, Vol. 78, p. 105, 2010

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1857623

I don't believe this is truly off topic, as this article addresses several of the issues that are pertinent in this case, as well as nearly every story here on PINAC. I highly recommend everyone here to read it thoroughly. I would even go so far as to suggest it as required reading to post on this forum ;)
and, yes, it is 58 pages. suck it up. ;)

Couldn't agree more Nathan. This artical is an absolute must read for anyone thats conserned about the erosion of photographers rights.

Jan and Nathan - thank you for your interest in my article. Feedback is welcome/appreciated!

Jan and Nathan - thank you for your interest in my article. Feedback is welcome/appreciated!

Thanks Jan. Great find, and not off topic at all.

Authority can shove their sovereign immunity up their ass, if ignorance is no excuse then it should be enforced equally to cops as it is to citizens

Why are government officials allowed to use "qualified immunity" as an excuse? If anything,they should know the law better than the average citizen. If I were to go to court and state, "Sorry your honor, I didn't know; I'd like qualified immunity," I would be told that ignorance is not an excuse.

Sadly, as a kid, I remember "Career Day" in school, and the auditorium filled with kids during the police presentation, and everyone looked up to and respected "Officer Friendly," the local role model.

Then you grow up and learn the truth.

"But Glik is a Massachusetts-licensed lawyer who emigrated from Soviet Russia"

Talk about messing with the wrong guy.

(shakes head)

Stupid, stupid cops.

My prediction is that no "Precedent" will
ever end this mindless persecution of photographers
in the USSA.
As long as the Police can fall back on "Qualified Immunity"--due to ignorance of the law--then the
law won't matter. It's that simple.

If ignorance of the law is no excuse for us mere civilians, how can it be an excuse for those charged with enforcing the law?

Asshatachusetts needs to update it's antiquated wiretapping laws to get in line with the 21st century.

Hmm, Freedom and Bravery in the face of tyranny and oppression knows, no Race, creed or color. The CORPORATE FOREIGN STATE POLICY ENFORCEMENT REGULATORY SERVANTS should not be acting like the secret police. Nor should they be afforded the ability to hide behind false doctrine.

So,what you're saying is: it's OK for government to probe our privates with electronic contraptions, or gloved fingers; analyze the contents of our pee pee and poo poo; and snoop through our every possession on any pretext whatsoever; but we the people are not allowed to videotape the government's excesses where it's possible to witness them?

There no such thing as "qualified immunity". I hope this guy moves this into a federal court and not the corporate joker state courts we have. And if they deny it in federal court, we need to have a revolution for real, cause these criminals are tramping on our god given, constitutional unalienable rights. Far as Im concerned it would be treason and they should pay the ultimate price, Death.

There no such thing as "qualified immunity". I hope this guy moves this into a federal court and not the corporate joker state courts we have. And if they deny it in federal court, we need to have a revolution for real, cause these criminals are tramping on our god given, constitutional, unalienable rights. Far as Im concerned it would be treason and they should pay the ultimate price, Death.

There no such thing as "qualified immunity". I hope this guy moves this into a federal court and not the corporate joker state courts we have. And if they deny it in federal court, we need to have a revolution for real, cause these criminals are tramping on our god given, constitutional, unalienable rights. Far as Im concerned it would be treason and they should pay the ultimate price, Death.

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
Sec. 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or
District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined
under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Title 18, U.S.C., Section 243
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

So again,, there is no such thing as immunity, Dont give up to them shit!!

Considering the horrendous court decisions of late. . Particularly the Indiana Supreme Court saying a policeman can enter your home for any reason, even for something illegal. . The Arizona SWAT team found "guiltless" for killing the 2 tour Marine Veteran, And the SCOTUS eviscerating the 4th Amendment yet again. .I'd say this case will go the same way.

You all need to understand, THEY consider US, as nothing more than criminals. It's mindset that's growing, and I don't see any change in sight. I fear this case will go the same way. . "We The People" mean nothing to the politicians who "govern" us. They only care about remaining in power. .

At least 90% of the time CAMERAS do Law Enforcement's Job for them. The same as the citizens do. We all should think about that......JACK

But, ossifer, I didn't know it was a crime to talk while you were beating me!

Shaddup, you're goin' tuh jail for contempt of a "police" officer. Besides, I see you're wearin' a belt! Thass agin the LAW here... an' ignorance of the LAW aint no excuse!

ON point, I think: Ignorance of the law does not excuse misconduct of anyone least of all in a sworn officer of the law, In Re McCowen (1917) 177 C 93.

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