[MindBender26]

There are important legal and tactical steps to take to prevent this problem of unconstitutional police interference.

You need to get a formal opinion letter from a good DC First Amendment lawyer about police rights to contain you in one area, move you once you are established in a place, make noise, etc. For example. in some jurisdictions, bull horns are perfectly legal.

You should then have a copy of that letter with you at all times.

Then, and this is important, always have multiple video camcorders at all rallies. At least one should be up close, accurately recording any confrontation with or orders from any LEO. If a separate wireless microphone is being used, it should be clearly visible so as to ensure no one accuses you of surreptitious taping.

The start of any confrontation should include politely speaking to the effect of "I'm now being approached by a man in a police uniform with a badge/shoulder patch reading X Y Z. The officer's name tag says John Whatever and his badge number is XXX.

Then politely say to the officer, "Sir, I want to give you the courtesy of letting you and your superiors know that we are video and audio recording this discussion. Now, what was it you wanted to say to us?"

If a LEO always have another person with you. If LEO asks something like "Does this concern you?" The answer is a simple "Yes." (It's hard to argue with a simple yes.)

If asked why. The first party simply says, "Because I want him/her here." Always be polite, but do not be intimidated. They may try to separate leadership from the group. Do not let them do so. Do not push a camera into anyone's face. Never touch the officer or yell at him/her in any way. Don't block a sidewalk, stand in road, etc.

If ordered to do anything that your lawyer says they can not make you do, say, "Our lawyers say we do not have to do that, and we don't want to, and we're acting on advice of our lawyers, and they asked me to give you this." Then politely hand the officer a copy of the lawyer's letter saying why you can stay/be where you are.

If LEO starts to read letter, move away from him/her a few feet and begin conversation with some other FReepers, acting as if your conversation/interaction with LEO is over.

Be respectful of LEOs. In any confrontation with LEO, uses phrases like, "I know you don't want to stifle protected First Amendment Free Speech any more than anyone else does......" Always be polite. Address LEO's as "Officer." If there are any hotheads or provocateurs in your group, get them away. They may be from lib side, trying to get us blamed for trouble.

Often, Feds will try to get local LEOs to do dirty work. In that case, something like "Just because some federal officer wants you to get into trouble denying us our First Amendment rights, that doesn't make it right or legal. Please read the lawyer's letter again and you will see how any such action can make you, your superiors, your deparmtent, the mayer, all liable for damages for this illegal action... and of course, officer, you have now have been formally informed of the law in these matters, in writing, so that makes any violation much worse."

Two cameras are better than one, because if they try to take first camera, second camera can record that. For a major confrontation, even have a third camera with a good long lens some distance away. If something serious goes down, quickly change tape in camera. Get the tapes out of the area ASAP. Cops may try to take them as "evidence."

If they try to intimidate you into not recording, simply say "Why are we recording this? Because we have an absolute legal right to do so, because our lawyers (plural) want a perfect record of everyone's conduct here, yours and ours, and the TV stations will want it too..... and if LEO still has a bad look on his face, add, "and because we all remember Rodney King."

Once they see you are not going to back down and will politely and legally stand up for your rights, and not be intimidated, they will usually go away and leave you alone.

[MindBender26]

Never stop recording. The harder they push you to stop recording, you know the more they want to do something and not have it recorded. If you record, they, not you, will be intimadated.

They remember Brother Rodney too.

There ARE some areas you cannot record, ie airport security screening ares, etc. but that restriction does not extend to "police operations."

[kristinn]

Thanks for the detailed advice. In more than five years of demonstrating, this is only the third or fourth time we've had a cop with a bad attitude. If it becomes more than that, we'll definitely look into following the steps you've outlined. Maybe we can get some National Lawyers Guild green hats to help us :-)

[ampat]

So much for the right to free speech.

[ironman]

MindBender26, this a whole lot of excellent advice. Many thanks.

Kristinn, thanks for being out there. I wish I could contribute more. It is really frustrating to have to deal with people who operate out of bounds like this officer. Same with the RATS who lie and cheat as standard operating procedure.

[Vets_Husband_and_Wife]

kristinn

Considering the political "climate" where you were and where you WILL BE doing future rallies (and doing un-believable work I might add!!) the suggestions from MindBender are excellent!

Not only for legal reasons, but from reading this post you could make a documentary from this day alone!

What you said to those entering and exiting was the truth. How you said it was un-believable. BRAVO!! What "TrueBlackman" said about "I WANT TO BE AMERICA'S 44TH WHITE PRESIDENT." was excellent!

I've always thought it was an INSULT to Black people everywhere to accept Bill Clinton as their first Black President! How ignorant is that? I can think of a few people that would make excellent Presidents!

Dr. Rice comes to mind! Colin Powell is another excellent choice. But to suggest Bill Clinton or John Kerry is an insult to all black people! Certainly TrueBlackman is more worthy than either of them!

One only has to look at the current administration vs. the last administration to see who "walks the walk". President Bush is the REAL thing when it comes to an equal opportunity employer. Clinton for 8 years was just hot air!

How sad people won't take off their rose colored glasses and "see" the light! It's the epitome of brainwashing! I'm not sure how it will ever change. Pretty frustrating to be quite honest.

[BufordP]

...If there are any hotheads or provocateurs in your group...

Hey, who told on me?!
;-)

Thanks for the sound advice.

[absalom01]

You know, I've never, not once, had a problem with any LE at a FReep, or similar type of public event. Have seen plenty of trouble for our side averted by the cops, though.

I guess the old adage "ymmv" applies here as well.