Posted on 08/29/2014 2:38:54 PM PDT by Reno89519
Helmetta, New Jersey (My9NJ) - Steven Wronko is a Helmetta, New Jersey resident who recently taped local police officer, Richard Recine, saying that he doesn't have to follow the U.S. Constitution because President Obama doesn't. .... Well now, the Helmetta town council met last night to discuss an ordinance that would ban the unauthorized taping of a public official in a public municipal building, such as the recording Wronko uncovered of officer Recine. .... Wronko went to city hall to file an OPRA request related to the animal shelter because he suspected neglect. That is when and where officer Recine made the remarks about not following the Constitution. Recine has since resigned.
After attending last night's meeting, Wronko is questioning whether this new ordinance that passed is also unconstitutional.
“It's going to be against the law to record in public which I brought up is against the law. You're allowed to record public officials and public employees on public property, that includes a public building. They ignored me,” Wronko said.
(Excerpt) Read more at my9nj.com ...
Sounds like it’s time for the entire Helmetta town council to resign...
In my state only one person has to consent to taping another, which means the taper has that right over the taped.
Some states do not permit one party approved electronic recordings, I think Ca is one of them. I don’t know about NJ.
File a Doing Business As (DBA) as a reporter. Then all encounters will be considered as “on the record” unless it is understood that the conversation if “off the record”. Then market your writings as a “journalist.” Let them fight that one.
“Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”
- Louis D. Brandeis
Another town in New Jersey helping that state to stay in contention for the title of “The Nation’s Toilet.”
I thought that New Jersey had already won the “Nation’s Toilet” award, again.
From the text of the legislation:
11. Definitions In this Act: (1) Covered journalistI particularly find interest in the Judicial discretion section (in bold)...(A) Definition
The term covered journalist—
(i)
(I) means a person who—
(aa) is, or on the relevant date, was, an employee, independent contractor, or agent of an entity or service that disseminates news or information by means of newspaper; nonfiction book; wire service; news agency; news website, mobile application or other news or information service (whether distributed digitally or otherwise); news program; magazine or other periodical, whether in print, electronic, or other format; or through television or radio broadcast, multichannel video programming distributor (as such term is defined in section 602(13) of the Communications Act of 1934 ( 47 U.S.C. 522(13) ), or motion picture for public showing;
(bb) with the primary intent to investigate events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest, engages, or as of the relevant date engaged, in the regular gathering, preparation, collection, photographing, recording, writing, editing, reporting or publishing on such matters by
—
(AA) conducting interviews;
(BB) making direct observation of events; or
(CC) collecting, reviewing, or analyzing original writings, statements, communications, reports, memoranda, records, transcripts, documents, photographs, recordings, tapes, materials, data, or other information whether in paper, electronic, or other form;
(cc) had such intent at the inception of the process of gathering the news or information sought; and
(dd) obtained the news or information sought in order to disseminate the news or information to the public; or
(II) means a person who—
(aa) at the inception of the process of gathering the news or information sought, had the primary intent to investigate issues or events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest, and regularly conducted interviews, reviewed documents, captured images of events, or directly observed events;
(bb) obtained the news or information sought in order to disseminate it by means of a medium set out in subclause (I)(aa) of this section; and
(cc) either—
(AA) would have been included in the definition in subclause
(I)(aa) of this section for any continuous one-year period within the 20 years prior to the relevant date or any continuous three-month period within the 5 years prior to the relevant date;
(BB) had substantially contributed, as an author, editor, photographer, or producer, to a significant number of articles, stories, programs, or publications by a medium set out in subclause (I)(aa) of this section within 5 years prior to the relevant date; or
(CC) was a student participating in a journalistic medium at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) on the relevant date;
(ii) includes a supervisor, editor, employer, parent company, subsidiary, or affiliate of a person described in subclause (I) or (II) of clause (i); and
(iii) does not include any person or entity—
(I) whose principal function, as demonstrated by the totality of such person or entity's work, is to publish primary source documents that have been disclosed to such person or entity without authorization; or
(II) who is or is reasonably likely to be—
(aa) a foreign power or an agent of a foreign power, as those terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 );
(bb) a member or affiliate of a foreign terrorist organization designated under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) );
(cc) designated as a Specially Designated Global Terrorist by the Department of the Treasury under Executive Order 13224 (66 Fed. Reg. 49079);
(dd) a specially designated terrorist, as that term is defined in section 595.311 of title 31, Code of Federal Regulations (or any successor thereto);
(ee) a terrorist organization, as that term is defined in section 12(a)(3)(B)(vi)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(II) );
(ff) committing or attempting to commit the crime of terrorism, as that offense is defined in section 2331(5) or 2332b(g)(5) of title 18, United States Code;
(gg) committing or attempting the crime of providing material support, as that term is defined in section 2339A(b)(1) of title 18, United States Code, to a terrorist organization; or
(hh) aiding, abetting, or conspiring in illegal activity with a person or organization defined in items (aa) through (gg).
(B) Judicial discretion
In the case of a person that does not fit within the definition of covered journalist described in subclause (I) or (II) of paragraph (A)(i), a judge of the United States may exercise discretion to avail the person of the protections of this Act if, based on specific facts contained in the record, the judge determines that such protections would be in the interest of justice and necessary to protect lawful and legitimate news-gathering activities under the specific circumstances of the case.
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