[nathanbedford]

The definition and meaning of the "press" is at stake here.

If an individual with a cell phone can be arrested and prosecuted for doing what any television station can and routinely does with impunity, we have foreclosed part of the First Amendment from the general public and we have left ourselves even more dependent on an untrustworthy media.

More, we have left the decision of whether someone is a reporter or merely an officious intermeddler, a despicable voyeur, or a crass commercial opportunists wholly in the hands of the police to be remedied only by successful defense of a criminal charge. Since when has the media, that is the "press" acted other than as officious intermeddlers, despicable voyeurs or crass commercial opportunists?

In a society which is so litigious any good Samaritan is subject to some sort of potential civil liability even if a good Samaritan law exists. Why cannot someone approaching injured people in an automobile in this case film the experience as evidence that is approach and participation were reasonable and not actionable?

One of the most important technological advances that favor democracy is the ubiquity of our cell phones with their cameras. In jurisdiction after jurisdiction the police have demonstrated their hostility to transparency created by these phones. The evidence generated by the accused taking these pictures or films might be very valuable in an action against the third-party who might've caused the accident to catalog the extent of personal injuries. This prosecution takes away from the injured party that tool and for no good reason except to satisfy the moral outrage of the police or to provide expression of their general hostility to citizens with cameras.

[wardaddy]

Do you read the whole context.

[kingu]

I don’t agree. Entering the car is breaking the barrier between reporting and being news. Even the police took the time to point out that difference. I’m very comfortable with this distinction; or are you saying that reporters (citizen journalist or so called professionals) should do the same? Instead of photographing a celebrity’s vehicle, they should open the car door?

[Taliesan]

Implied consent is where the clarity lies on this one. You’re right, the police don’t get to decide who is the press and who is not. But if you enter private property for some purpose other than one the owners may presume to be consenting to - and you may reasonably be expected to understand the owners’ wishes - you’re a criminal. You enter my house to dowse a fire you saw from the street and you’re my friend. You enter my house to film the fire and you’re a burglar.

This applies to people with “New York Times” cards in their wallets just as well.

[MaxMax]

During the 1900 Hurricane in Galveston photographers were going around taking
pictures of the dead naked women. They were hanged immediately by the
neck until dead.

Sure they had the right, but not to a sane society.

[mad_as_he$$]

Watch the movie “Nightcrawler”. It is on Netflix.

[DH]

“Freedom of Speech” has undergone a continual attack since 1964 and with each passing year we have lost and ever increasing chunk of it. It has now reached the “tipping point” and is serious danger of being totally ignored by our government.

The year 2015 will go down in history as the year the Constitution and Bill of Rights were reduced to just another piece of paper.

Proof of that fact was certified when the government forced the acceptance of gay and transgendered lifestyles upon our religious freedoms and the crowning glory was the vicious attack upon the Confederate flag and the expression of free speech.

In all, our political lemmings followed suit with vigor to do the bidding of our Marxist President and social media. It’s as if we are repeating the days of early Russia...and we are!

This upcoming election is the last gasp of freedom we have left and if we do not elect a non-politician to save us, we are totally doomed for ALL career politicians have made it a career by “going along to get along” to the point that we now are at.