“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
On July 15th, U.S. Representative Edolphus Towns (New York) introduced Resolution 298 to help protect the first amendment rights of photographers. It is now and should always be legal for a photographer to video tape or take photographs in public places, even when law enforcement officers are the subject.
You can track the progress of the resolution at The Library of Congress: http://thomas.loc.gov/cgi-bin/query/z?c111:hc298:. The resolution has been advanced to the House Judiciary Committee.
Please take the time to write Rep. Towns, your local representatives and members of the Judiciary Committee, in support of this important resolution.
Below is the text of the resolution as introduced.
H.CON.RES.298 — Expressing the sense of Congress that the videotaping or photographing of police engaged in potentially abusive activity in a public place should not be prosecuted in State or Federal… (Introduced in House – IH)
HCON 298 IH
111th CONGRESS
2d Session
H. CON. RES. 298
Expressing the sense of Congress that the videotaping or photographing of police engaged in potentially abusive activity in a public place should not be prosecuted in State or Federal courts.
IN THE HOUSE OF REPRESENTATIVES
July 15, 2010
Mr. TOWNS submitted the following concurrent resolution; which was referred to the Committee on the Judiciary
CONCURRENT RESOLUTION
Expressing the sense of Congress that the videotaping or photographing of police engaged in potentially abusive activity in a public place should not be prosecuted in State or Federal courts.
Whereas prosecutors in several States are applying State wiretapping laws in the prosecution of individuals for the videotaping of police engaged in potentially abusive activity;
Whereas State and Federal wiretapping laws were not intended to be used for such charges;
Whereas some police departments have been using national security as a justification for the harassment, charges, or an arrest of individuals, based solely on a citizen recording, with no additional factors considered;
Whereas a study conducted by the U.S. Department of Justice in 2000 indicated that 22 percent of police officers claim their fellow officers sometimes, often, or always use excessive force; and
Whereas the privacy and safety rights of the police officers in the line of duty must be balanced carefully with the public’s right to transparency and accountability of public servants: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that–
(1) citizen recording fills in gaps in existing checks against law enforcement abuses, when balanced with the needs of law enforcement, police privacy, and citizen privacy;
(3) members of the public have a right to observe, and if they choose, to make video or sound recordings of the police during the discharge of their public duties, as long as they do not physically or otherwise interfere with the officers’ discharge of their duties, or violate any other State or Federal law, intended to protect the safety of police officers, in the process of the recording.
(2) national security alone is insufficient justification for harassment, charges, or an arrest for otherwise innocent behavior, such as videotaping; and