listening to on point on boston public radio while driving. they are talking about videoing cops and apparently its illegal in ma. ill post links if possible later
it is not illegal. it is a misinterpretation of a MA law from the 60's that requires "two-party consent" when taping. the law doesn't say anything about recording cops. there are many reasons that they could throw at you to arrest you but nothing would hold up in court. a broad interpretation of the law says if you are in a public place, and not using concealed recording equipment, you can record anyone doing anything.
I've always been under the impression that as long as someone is in a public place, they have no expectation of privacy-- therefore it's ok to film or take pictures. As long as they are not buying anything (and you can't see the product in the picture or video). Also, you can't sell images without consent, or make any profit without first getting consent.
speaking of cops... i got pulled over last night.. in my work van... after i had a couple glasses of scotch... ughhh. it was ALMOST really bad. I came to a stop light, looked all over the intersection for a no turn on red sign, didn't see one, so i went right on red.. Apparently i missed the sign. Anyways, just a warning. Then i got home, and used MSD's breathalyzer to see what I was at,it was a .06 (still legal.)
I've always been under the impression that as long as someone is in a public place, they have no expectation of privacy-- therefore it's ok to film or take pictures. As long as they are not buying anything (and you can't see the product in the picture or video). Also, you can't sell images without consent, or make any profit without first getting consent.
I would agree with your impression. Regardless people are being arrested (if not convicted) for these recordings. On top of that there are places, IL for example, where it definitely is illegal. In fact, in IL, it's a class 1 felony. Hopefully if/when this reaches the supreme court they take the sensible position and declare such laws unconstitutional.
cops break the law to catch others breaking the law. to say i can't video tape an interaction with a cop is like saying i dont have the right to bear arms. it's self defense.
cops break the law to catch others breaking the law. to say i can't video tape an interaction with a cop is like saying i dont have the right to bear arms. it's self defense.
wat
post by arkquimanthorn at Jun 15,2011 1:21pm
since you asked, he's saying holding evidence of interactions with public employees granted powers under law (cops) is the right of every citizen, and used in the citizen's defense, and in the interest of the taxpaying public, should the cop abuse those laws.
As Ark's links point out, this is all about the audio issue... Elsewhere in the country, photographers are also being bagged though, of course, often under alleged "homeland security" pretenses:
It appears he got away and didn't lose any pics, but that kind of detention is, in my eyes, tantamount to kidnapping, even if it only lasts a short time.
I wouldn't expect the fascist Roberts/Scalia/Thomas/Alito/Kagan SCOTUS to do the right thing by the 1st and 4th amendments, given the fact that the Patriot and FISA acts stand relatively undisturbed, as passed by the whores in Congress. The process of deifying police and security officials in US culture is so far advanced that I fear it will take some sort of revolution (ideally velveteen) to reassert the rights of common people over corporate property and the authoritarian/security class.
The fact that the prick Cambridge cop who entrapped Skip Gates after harassing Gates in his own home got an invite to the White House says it all...
Such bullshit; blatantly abusing national rights ...And obvious but the only reason the sentence is that high because they can't afford to have their corruption and faults on tape...Reporters do and so do citizens...Not actually that big of a deal for doing something like that...
