Words matter. Reporting matters. But sometimes, its a video that matters most.
When a Minneapolis police officer knelt on George Floyds neck for more than eight minutes while he died, gasping for breath, a cellphone video shot by a teenage girl on her way to get a snack made the horror undeniable.
The world needed to see what I was seeing, Darnella Frazier told the Minneapolis Star Tribune.
Days later, when Buffalo police knocked down 75-year-old protester Martin Gugino and a pool of blood spread under on the sidewalk under his head, a cellphone video enraged people all over the world.
It just so happens I was in the right place at the right time with exactly the right angle, Mike Desmond of the local public radio station WBFO explained to the Buffalo News.
Video can change the world or at least a few million opinions. But what about the potentially explosive video that cant be shot or never gets seen because law enforcement has confiscated cameras or arrested the people using them?
This week, New York Universitys First Amendment Watch released A Citizens Guide to Recording the Police a primer for amateur videographers on the rights they are entitled to in these encounters. The guide explains why, under most circumstances, the police can neither seize nor demand to view such recordings though some may try and it provides case-law examples to back up its assertions.
It comes along at a crucial time.
In this new era, we have armies of citizens out on the streets capable of producing evidence that checks the conduct of public officials, said Stephen Solomon, the organizations founding editor. The First Amendment right to record public officials, such as the police performing their official duties in public, is central to our democracy, he said.
Who can forget the bizarre and disturbing arrest of Omar Jimenez and a CNN crew while on live television in Minneapolis on May 29? That incident was roundly denounced by press freedom groups and resulted in an apology from Minnesota Gov. Tim Walz: There is absolutely no reason something like this should have happened.
But less heralded and far less visible offenses have happened throughout the United States, as the U.S. Press Freedom Tracker makes clear.
Sue Brisk, a freelance photographer, told the Tracker that she was photographing demonstrations at 42nd Street in Times Square that same day with her NYPD-issued press pass clearly displayed. I watched the police beat people with billy clubs and then they threw a woman up against a pole right in front of me, Brisk said. After that its a blur.
Brisk said that, before she knew what was happening, her head was slammed to the ground and she found herself pinned under at least three New York City police officers. Weeks later, she was still trying to retrieve her camera.
By the Trackers count, well over 400 aggressions against the press including dozens of examples of equipment being damaged have marred recent Black Lives Matter protests.
The NYU guide cites a 2012 U.S. Court of Appeals for the 7th Circuit decision that drew a direct connection between the creation of a recording and something thats better understood to be constitutionally protected: the publication or dissemination of a recording.
The right to publish or broadcast an audio or audiovisual recording would be insecure, or largely ineffective, the decision in ACLU v. Alvarez stated, if making the recording were unprotected. Restricting the use of [a recording] device suppresses speech just as effectively as restricting the dissemination of the resulting recording.
However, the right to record police isnt, well, bulletproof, at this moment.
About three-fifths of the U.S. population lives in states where federal appeals courts have recognized a First Amendment right to record the police in public, the guide says. The U.S. Supreme Court hasnt ruled directly on the issue.
That means legal protections arent nailed down everywhere. Yet the outlook is good: Given the resounding support so far for this First Amendment protection, it seems highly likely that the remaining federal appeals courts would reach the same conclusion if the issue appears on their docket.
Of course, the legal right to record is no guarantee of respectful treatment when events are unfolding. And they are small comfort to journalists or members of the public who have been injured or had their equipment seized as they tried to document protests.
Still, Solomon told me, its helpful to know your rights to confidently assert them when it matters most. After all like 17-year-old Darnella Frazier who started a movement by pointing her cellphone almost anyone can capture evidence of what the world needed to see.
Should that happen, its good to know the First Amendment has your back.
Read more:
Taking a cellphone video of police? Theres a First Amendment for that - Seattle Times
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- John Dukes on First Amendment - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Endangered Speeches - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News media challenges ban on journalism drones [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- History Project: First Amendment. - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- City Charter amendment passes 581-556 [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Facebook SUCKS! - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Reid backs campaign spending limit [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]