Recently there has been a spate of events where police have prevented ordinary people from recording them and even public meetings of congresspeople.

In a ruling on Friday, the First Circuit Court of Appeals has now said that such prohibitions violate the First Amendment.

Simon Glik was arrested for using his cell phone’s digital video camera to film several police officers arresting a young man on the Boston Common. The charges against Glik, which included violation of Massachusetts’s wiretap statute and two other state-law offenses, were subsequently judged baseless and were dismissed. Glik then brought this suit under 42 U.S.C. § 1983, claiming that his arrest for filming the officers constituted a violation of his rights under the First and Fourth Amendments.

In this interlocutory appeal, the defendant police officers challenge an order of the district court denying them qualified immunity on Glik’s constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly-established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.
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It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws “abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, “the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” First Nat’l Bank v. Bellotti, 435 U.S. 765, 783 (1978); see also Stanley v. Georgia, 394 U.S. 557, 564 (1969) (“It is . . . well established that the Constitution protects the right to receive information and ideas.”). An important corollary to this interest in protecting the stock of public information is that “[t]here is an undoubted right to gather news ‘from any source by means within the law.'” Houchins v. KQED, Inc., 438 U.S. 1, 11 (1978) (quoting Branzburg v. Hayes, 408 U.S. 665, 681-82 (1972)).

The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Mills v. Alabama, 384 U.S. 214, 218 (1966). Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.'” First Nat’l Bank, 435 U.S. at 777 n.11 (alteration in original) (quoting Thomas Emerson, Toward a General Theory of the First Amendment 9 (1966)). This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties. Cf. Gentile v. State Bar of Nev., 501 U.S. 1030, 1035-36 (1991) (observing that “[t]he public has an interest in [the] responsible exercise” of the discretion granted police and prosecutors). Ensuring the public’s right to gather information about their officials not only aids in the uncovering of abuses, see id. at 1034-35 (recognizing a core First Amendment interest in “the dissemination of information relating to alleged governmental misconduct”), but also may have a salutary effect on the functioning of government more generally, see Press-Enter. Co. v. Superior Court, 478 U.S. 1, 8 (1986) (noting that “many governmental processes operate best under public scrutiny”).

In line with these principles, we have previously recognized that the videotaping of public officials is an exercise of First Amendment liberties. (All emphases mine)

This is an important blow against the repressive use of the state apparatus.

I tend to be generally optimistic about progress in almost all areas of life. For example, I think we are making progress on important areas of social values. We have seen huge improvements in attitudes on race and gender and it is only a matter of a short time before equal rights for gays will also be taken for granted. The rights of animals are also increasingly being respected. Compared to even just a century ago, we have made tremendous advances in expanding the circle of those we think worthy of treating justly.

On the religious front too, the prognosis is good. I think the decline of religion is irreversible. We may never be able to eliminate religion completely but relegating it to irrelevancy is likely although that will take time and pockets of religious fervor will continue to exist. I think that religion will end up like astrology, something that never goes away but becomes largely harmless, with those who take it seriously being looked upon with amused indulgence.

When it comes to the environment, I have mixed feelings. While there is some serious concern about the degradation we have caused, I think that there is still hope that it can be turned around and that we have not passed the point of no return.

The one exception to this generally sunny outlook is when I turn my gaze to the economic and political situation in the US. Here I think the future looks very bleak indeed and I see nothing but disaster in store. The rapacious looting by the oligarchy, the domestic war being waged to further impoverish the poor and middle class, the interminable and multiplying foreign wars (Iraq, Afghanistan, Yemen, Somalia, Libya, the semi-war in Pakistan, and possible soon-to-be wars in Iran and Syria), coupled with a political system that seems increasingly disconnected from reality, have created the conditions for collapse.

The US ruling class elite are in a state that is typically found during the last gasp of an empire: greedy, wasteful, bloated, hypocritical, contemptuous of the needs and feelings of the mass of people, arrogant in its view that its military supremacy will enable it to meet all challenges, and unmindful of the rot that is eating away at the foundations of the republic

I occasionally get the question as to what we should do to reverse this trend. To be quite honest, I don’t know that we can. I feel like we are on a massive ocean liner headed straight towards a reef. Although the speed does not seem to be that great, the sheer momentum of the massive vessel is such that there is nothing that can be done to stop or reverse its direction in time before the crash occurs, even assuming that the people on the bridge commanding the vessel (i.e., the oligarchs) want to do so. The only thing to be done is to alert people so that they can brace themselves for the impact and prepare them to start anew picking up the pieces and repairing the damage.

What form the crash will take and what the fallout from the crash will be is something that I cannot foresee, just as I cannot predict what will emerge from the rubble. Post-collapse situations, like post-revolutionary ones, are highly unpredictable and their direction can be swayed by relatively minor events. What we can say for sure is that many people are going to be hurt.

When the crash will occur is also hard to predict. What keeps civilized societies functioning is the social compact that persuades people to voluntarily obey certain norms of behavior with the expectation that others will too. When that compact is seen as being ignored with impunity by some people, you breed general contempt for the norms and open the door to chaos. When people see how the ruling class loots in open contempt of the general expectation of having responsibility for the greater good, they begin to wonder why they should subject themselves to those norms. The symptoms of impending trouble are a rising level of social unrest consisting of grumblings, protests, demonstrations, strikes, vandalism, and even rioting as people begin to realize how bad things are, how bleak their own futures are, and start to take the law into their own hands.

The warning signs are so obvious that I cannot believe that the oligarchy and its political and media lackeys do not see them. I think they do, which is why the looting has reached such reckless levels. In the excellent documentaries Enron: The Smartest Guys in the Room (2006) and Inside Job (2010) you see the top people on the inside realizing that the situation is unstable and too far gone to remedy, that the crash is coming, and trying to make as much money as possible and escape while they can, destroying the lives of millions of people in the process. It would be a big mistake to think that the corruption was confined to just the institutions depicted in the films. They are merely indicators of a rot writ large.

In watching the Enron documentary, what struck me was that the key perpetrators of that fraud were actually prosecuted, convicted, and sent to jail. Chairman Ken Lay (a close friend of the Bush family) was found guilty in 2006 and faced 20 to 30 years in prison but died before sentencing. Chief Executive Office Jeffrey Skilling was sentenced to 24 years in jail and fined $45 million. Chief Financial Officer Andrew Fastow was sentenced to six years in prison and fined.

Those were the good old days. It seems so quaint that at one time people actually went to jail for major financial crimes. The oligarchy soon put a stop to that nonsense. Now they control the government and the regulatory agencies so thoroughly that no one risks going to jail for using their big institutions to enrich themselves at the expense of others. Despite the massive scale of malfeasances during the financial debacle of 2008, as far as I am aware not a single person went to prison. The only people who are prosecuted are relative small-timers like Bernie Madoff who make the mistake of swindling other rich people.

We now have a class of people who seem to believe that they have immunity from any legal consequences for their financial actions. That should tell us all we need to know about how bad the situation is.

Investigative reporter Jeremy Scahill says that the US government and the CIA now use secret prisons in Mogadishu, Somalia to house and torture prisoners that they pick up in the rest of the world.