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To: Tublecane

No, just that a member of the press has a right to record things that the rest of us don’t. I think the only reason that the press has “special rights” is that there are many things/events that simply don’t have the room for everyone to attend, so the press sort of represents everyone.

But that has nothing to do with what one can record in public spaces. A few years ago some guy was caught videotaping underaged girls in bikinis at some Florida beach, and a judge said that since it was in a public place it was legal.

And the guy who had a video camera on his motorcycle helmet and left it on after the stop, and the cop comes after him with gun pulled. And after the video went viral the cops hauled the guy back in for videotaping the cop while performing his duty.

I believe that anything that happens in a public place in the US is, legally speaking, fair game in the US for recording, both video or audio. This includes public officials doing their duty. It is because we are all equal and one of the things that makes the US constitution a unique document. It is literally one of the things that separates us from a banana republic or the old Soviet Union.

In public, if you can see it, you can record it. The only challenge may be if you try to present it for a paid audience (which is why people are asked to sign release forms).


25 posted on 08/29/2011 10:54:02 AM PDT by cuban leaf
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To: cuban leaf

“No, just that a member of the press has a right to record things that the rest of us don’t.”

I think it’s quite reasonable that, though our technology didn’t exist at the time the constitution was written, recording things is part of the essence of the press.

“I think the only reason that the press has ‘special rights’ is that there are many things/events that simply don’t have the room for everyone to attend, so the press sort of represents everyone.”

Not sure why you put “special rights” in quotation marks, which would normally imply they don’t actually exist. They do exist, though, since obviously the constitution singles them out for special notice in the first amendment.

“But that has nothing to do with what one can record in public spaces.”

Well, that’s what this decision said. And absolutely the press has something to don with recording (whether via cameras, notes, or perhaps just a reporter’s memory) events in public spaces.

“A few years ago some guy was caught videotaping underaged girls in bikinis at some Florida beach, and a judge said that since it was in a public place it was legal.”

Was this a constitutional issue? Was there an actual law the judge set aside because he personally thinks what happens in public is open season? Or did he declare the law violate simply because he didn’t like it, without reference to any rights whatsoever?

“And the guy who had a video camera on his motorcycle helmet and left it on after the stop, and the cop comes after him with gun pulled. And after the video went viral the cops hauled the guy back in for videotaping the cop while performing his duty”

I saw that.

“I believe that anything that happens in a public place in the US is, legally speaking, fair game in the US”

I believe such laws may be stupid and wrong, but what do you mean, “legally speaking”? To what legal principle are you referring?

“It is because we are all equal and one of the things that makes the US constitution a unique document.”

I’m sorry, but this is just mumbo-jumbo. No actual legal principle is involved.


28 posted on 08/29/2011 11:05:16 AM PDT by Tublecane
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