Community | August 29, 2011 | 73 comments

Court Rules Republicans Who Confiscate Cameras At Town Halls Are Violating 1st Amendment

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Schnookums
According to a recent Federal Appeals court ruling, Republican members of Congress who confiscate citizens’ cell phones or cameras and do not allow filming at town halls are violating their constituents First Amendment rights.

One of the ways that unpopular House Republicans have been trying to dodge the wrath of their angry constituents during the August recess is to not allow filming at their town halls. Last week, Rep. Steve Chabot of Ohio directed on duty police officers to confiscate the cameras of citizens who tried to film his responses at a recent town hall. Chabot justified this behavior as necessary for the protection of his constituents, but a Federal Court ruling on Friday makes it clear that the Republicans who engaging in this behavior are violating the First Amendment rights of their constituents.

The case brought before the court involved a man in Boston who was arrested for filming the police with his cell phone while they were making a separate arrest of a young man in public. The man who did the filming with his cell phone filed suit alleging that his First and Fourth Amendment rights had been violated. The district court ruled in favor of the person who filmed the arrest, and the state appealed.

The judge ruled,

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)).......

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http://www.politicususa.com/en/1st-amendment-town-halls
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73 comments // Court Rules Republicans Who Confiscate Cameras At Town Halls Are Violating 1st Amendment

  • CalgarC
  • FoosMaster
    • 0
      FoosMaster  
    • And what about the so-called "Free Speech" zones that the Shrub and Dick set up to corral protesters away from their events?

      The Republicans have NEVER been interested in the rights of the Public, only the Special Rights of the Rich!

    • 9 months ago
  • SIBob
    • 0
      SIBob  
    • Image
    • The political class does everything it can to control its image. Our local politicians here, in Staten Island, very rarely appear at any venue where the public will have knowledge about it before-the-fact. If it is announced, it is usually in a place where the makeup of the audience is determined by the politician or the party that stages the event. Our local newspaper, the Staten Island Advance, when they are in attendance, usually lobs up a “softball” piece when it is all over. This way the tough questions, if they get asked, are contained at the event. By the time the video was edited at the last two filmed events with Rep. Michael “Stick It To The Seniors and Sick” Grimm, you would have thought they were love-fests. One hand washes the other. The newspaper gets first “dibs” on a story the politician wants out, and the politician is able to project a “whitewashed” image, free of unwanted controversy.
      http://sibob.org/wordpress/

    • 9 months ago
  • faye59
    • +1
      faye59  
    • Those congressmen should be ashamed of themselves. They criticize Obama but I'd like to know why they are hiding from their own constituents?I guess it's hard to look people in the eye when your every action is screwing them over. Corporations do not vote do they? People must decide for themselves if this is the type of representation that they want...bunch of wusses who talk tough when in a crowd of cronies, but run away from the tough questions. Shameful behavior.

    • 9 months ago
  • theoutcrop
  • ThirdSection
  • faye59
    • 0
      faye59  
    • theoutcrop:

      With Roberts, Thomas and Alito they will find a way to protect those wusses. I truly hope Kennedy comes back from the dark side. Ordinary people need someone more people on the court who know the law and do not just disregard established law to protect corporations.It's disgraceful what Roberts has allowed the court to become.

    • 9 months ago
  • cherry5000
    • 0
      cherry5000  
    • kudos to that judge, when are these idiots who claim to know the constitution; are going to realize that the first amendment protect citizens the right to assemble in public.

    • 9 months ago
  • SerialGramma
    • +3
      SerialGramma  
    • GOP/TP will find a judge to rule in their favor OR they will continue to do what they did in WI, FL and a couple other places.... if/when somebody speaks (or take pics), arrest them, handcuff them, take to police station, sometimes jail them, then have DA say no charges will be forthcoming and release them. It conveniently stops their voices from being heard so this ruling doesn't make me think it will stop.

      And of course, they are now unwilling to hold town halls, or charge for them, or refuse to talk to constituents. So why then do they get a 5 wk recess?? Paid vacations?

    • 9 months ago
  • attilatheblond
  • figgdimension
  • Paratus
    • -5
      Paratus  
    • Absolutely they are violating the First Amendment however, and this will probably be a big "however" on this board, that First Amendment violation extends to, are you ready for this..........BOTH PARTIES. Following the link provided revealed some of the courts ruling:

      "The court found that people have the First Amendment right to film government officials in public while they are carrying out their duties. In fact, this right is necessary in our democracy to counteract attempts by those who have power to suppress the rights of citizens. The act of not allowing the public to film the carrying out of congressional duties in public is an act of First Amendment suppression."

      Note that the court did not say that Republicans who confiscate cameras at town halls are violating the 1st Amendment, it stated that "government officials" who confiscate cameras are violating the First. Obviously only our poster thinks that only Republicans who do this do so at Constitutional peril.
      Now I will not accuse the poster of the lead article of being a dishonest political hack seeking to tell a little white lie to belittle even more the Republican party but clearly the fact that the court aimed the decision at government officials regardless of party seem to have slipped the eagle eyed notice of our author.

      Tell me, does your penchant for following the Constitution extend to the Second Amendment or any of the other stated Articles, Sections and Amendments of the Constitution or is that storied document only trotted out when it suits us??

    • 9 months ago
  • attilatheblond
    • +5
      attilatheblond  
    • Paratus:

      I like the 2nd and please be so kind as to point out a batch of DEM congressional reps who banned cameras cuz I must have missed all that. Been so busy reading about Grand Old Projectionist congressmen using the suppression tactic.

    • 9 months ago
  • Lisayou
    • +1
      Lisayou  
    • Paratus:

      Clearly you did “accuse the poster of the lead article of being a dishonest political hack seeking to tell a little white lie to belittle even more the Republican party.”

      When in fact the lead poster was pointing out in the second paragraph

      ”One of the ways that unpopular House Republicans have been trying to dodge the wrath of their angry constituents during the August recess is to not allow filming at their town halls.
      Last week, Rep. Steve Chabot of Ohio directed on duty police officers to confiscate the cameras of citizens who tried to film his responses at a recent town hall. Chabot justified this behavior as necessary for the protection of his constituents, but a Federal Court ruling on Friday makes it clear that the Republicans who engaging in this behavior are violating the First Amendment rights of their constituents.”

      I don’t think the Republican Party needs any help, they are belittling them - selves.

    • 9 months ago
  • Paratus
    • -4
      Paratus  
    • attilatheblond:

      If you read my post you will see that my statement is that the decision extends to government officials not just one party. The opening post said that the court ruled that Republicans who confiscated cameras are violating the First Amendment but what the court said was that "government officials", regardless of party affiliation, may not do this. The author of the opening post is misleading everyone else in his/her account. Is it your contention that it is OK for Dems to confiscate cameras?

    • 9 months ago
  • Paratus
    • -4
      Paratus  
    • Lisayou:

      If you read my first sentence you will see (ha, revelation!) that it is absolutlely a violation of the First Amendment but tell you what Lisayou, my response means whatever you want it to mean how about that. I'm not a Republican but reading the responses of Democrats or at least those I assume are Dems due to their defense of that party, I would rather have a son who is a piano player in a whorehouse than a Democrat brain surgeon.

    • 9 months ago
  • attilatheblond
    • +4
      attilatheblond  
    • Paratus:

      It's not OK for DEMs to confiscate cameras, it's just that it has only been Republicans who have pulled this crap, thus, your umbrage is amusing. Dissecting gnats is cute but as a defense, pointing fingers and pouting while saying 'what about them' when 'them' aren't the problem is somewhat unworthy.

    • 9 months ago
  • Lisayou
  • CreditFigaro
    • 0
      CreditFigaro  
    • Paratus:

      The equivalent of this conversation:

      Schnookums: Hey, Paratus! Do you want some breakfast? I'm cooking a little for everyone, you can have some if you like!

      ...Oh! Hold on, let me clean your plate so that you don't get disease from eating off of something dirty... You know, scientists have found that eating off of dirty plates could get you sick!

      Paratus: Absolutely we should clean the plate, however, and this will probably be a big "however" in this house, that concept extends to, are you ready for this..........THE PLATE AND THE FLOOR. Your assertion revealed some of the idea:

      "we have found that people have the right to eat from a clean surface. In fact, this right is necessary in our kitchen to counteract attempts by microbes who have power to make us sick from eating on dirty surfaces. The act of not allowing someone to eat off of a clean surface is an act of exposing them to pathogens."

      Note that the idea did not say that eating on a dirty plate is violating the concept, it stated that eating on a dirty surface is. Obviously only our "chef" thinks that only cleaning the plate is necessary.

      attilatheblond: No one eats on the floor, I've only ever seen anyone eat on a plate.

      tlbuffin: ... o_O ...he was talking about cleaning your pla...

      Paratus: Now, I will not accuse the scientists of telling us to eat on a dirty floor, but clearly the fact that the concept of eating on a clean surface, regardless of what it is, seems to have slipped the eagle eyed notice of Schnookums.

      Lisayou: ... but we weren't going to eat on the floor, YOU accused her of wanting to eat on the floor. No one here has ever eaten on the floor. What are you ta...

      Paratus: Tell me, does your penchant for following Science only extend to cleaning a surface you eat on, or any of the other stated theories about biology, physics or chemistry, or do we just eat on clean plates when it suits us??

      Creditfigaro: ... Well... what?... yeah, I think... what the hell have you been smoking?

      :Fin:

    • 9 months ago
  • good_stuff
    • +1
      good_stuff  
    • Just wait until this is appealed to the supreme court. They'll find a reason to not allow filming of state officials on official state business in public places. I'm imagining the transcripts will be as follows:

      Scalia/Roberts: "A bathroom is a public place. Do we really want to allow people to film politicians and/or police in a public bathroom?"

      Sotomayor: "We already have laws against filming people in public and private restrooms, I don't think we need to worry about that. The question before us today is about this particular instance, where poeples rights were clearly violated"

      Scalia/Roberts: "Shut up Sotomayor, you don't have enough votes, so your opinion doesn't matter. It is a privacy concern to allow filming of poeple who don't want to be filmed, and that is the way it will be"

      Sotomayor: "What about individuals who are filmed by government officials in public spaces everyday. Shouldn't they get the same level of privacy"

      Scalia/Roberts: "We aren't talking about the general public in this case, we're only talking about public officials."

    • 9 months ago
  • Joeydee44
  • derk
  • Warren_Merrill
  • Joeydee44
  • CreditFigaro
  • Warren_Merrill
  • CreditFigaro
  • Schnookums
  • attilatheblond
  • bike10
  • TrishR
  • wolfess
    • +6
      wolfess  
    • How in the hell did all these retarded reps get voted into office when their lack of intelligence is soooo obvious? Vote their @$$es OUT!
      Pwr 2 the peons! Dismember the elected reptards!

    • 9 months ago
  • attilatheblond
  • crabbyoldguy
  • Gillian_Marktoo
    • +4
      Gillian_Marktoo  
    • crabbyoldguy:

      While that may be the case, a trial in court is important to a limited number of parties. Far smaller group in that situation than the entire public. In some cases it would be difficult to give a fair trial to the accused.

      If you want to look at it from a fiscal point of view, it is cheaper for our gov't to keep camera's out than it is to sequester a jury.

    • 9 months ago
  • Schnookums
  • TrishR
    • +1
      TrishR  
    • crabbyoldguy:

      Whether cameras are permitted in U.S. courtrooms is usually up to either state legislation or left up to the judge in the particular case, meaning there's no consistent policy on cameras in the courtroom. Some courts never allow cameras, some allow gavel-to-gavel recordings, some permit videotaping of the opening & closing arguments only.

      The U.S. Supreme Court has consistently refused to have cameras in their proceedings, which are by virtue of the Constitution, supposed to be open to the public. Considering the nationwide, even worldwide, impact of the rulings that come from the Supreme Court, and that the public that is theoretically permitted to attend any Supreme Court proceedings mostly lives too far away to personally attend these proceedings, it smells bad to this citizen that there aren't cameras in Supreme Court proceedings as a matter of course.

    • 9 months ago
  • attilatheblond
  • GRC54
    • +4
      GRC54  
    • What they should have said to the cops while they were taking their cameras and cell phones is this.
      You can't have it and if you forcefully take it off my person I will sue you, your department and the politician who ordered you to do this for violating my constitutional right to free speech and also for violating my civil rights in a federal court of law. You cannot arrest me nor can you remove me from these premises asI am not being disruptive. So if you want to take the chance go for it.
      Law enforcement knows the law and since this was a public, Not Private, Assembly they had no right to do it.
      It would have only taken one person to do this.

    • 9 months ago
  • wtthfkovr
    • 0
      wtthfkovr  
    • GRC54:

      Law enforcement may know the law but their not above abusing the laws either, and if forced them to take it off your person they would say that you fought them or they feared for their safety and kick the holly shit out of you, and our wonderful republican representative would remark how great it was that the cops used such restraint. So may be we need some one to secretly film them confiscating the camera

    • 9 months ago
  • crabbyoldguy
    • +3
      crabbyoldguy  
    • I'd like to see cameras in every politicians office, with audio, streamed on the web but them I'd guess they would take all their meetings across the street.

    • 9 months ago
  • TrishR
    • 0
      TrishR  
    • crabbyoldguy:

      Right on! The use of "security" technology has built a wall between citizens, who have as part of their Constitutional rights the right to petition for redress of grievances, and the officials that by law work for us. It's only fair that if technology exists that makes it easier for us to know what our elected officials are doing, and to make it easier to petition our elected officials, that use of such technology should be a matter of course.

    • 9 months ago
  • Slfriend79
  • Leen61
    • +7
      Leen61  
    • "Court Rules Republicans Who Confiscate Cameras At Town Halls Are Violating 1st Amendment"
      No shit. This should be common knowledge. But anyway, I'll take it. It's good news. Power to the people!

    • 9 months ago
  • wolfess
  • Leen61
  • wolfess
    • +1
      wolfess  
    • Leen61:

      Yeah, but I really was agreeing with you :-) -- doesn't really matter how it's said, just matters that it IS said!!! And look at it this way -- if both of us are saying it in our own way it's gonna reach more people and that's all I ever wanted in the first place.

      How are things with you? Haven't seen you around here much lately -- hope that's b/c you've been crazy busy and haven't had time to do anything but count all that money you guys are earning :-)!

      I watched the vids on Paul Ryan -- what a piece of shit -- that S.O.B. needs to be filing for unemployment yesterday!
      Pwr 2 all good liberal peons! Dismember all reptard infidels!

    • 9 months ago
  • Leen61
    • +1
      Leen61  
    • wolfess:

      "And look at it this way -- if both of us are saying it in our own way it's gonna reach more people." That correct, wolfess. :)

      "Haven't seen you around here much lately " That's because WI summer's are so short and my husband and I enjoy them as much as we can. The weather has been beautiful here, lately. Nope, it's not because we won POWERBALL...yeah...I wish.

      "I watched the vids on Paul Ryan -- what a piece of shit -- that S.O.B. needs to be filing for unemployment yesterday! "

      Tell me about it, wolfess. Total scumbag!

    • 9 months ago
  • wolfess
    • +2
      wolfess  
    • Leen61:

      Have ya noticed that once ya hit 39 time seems to go waaaay too fast :-)? I know what you mean about enjoying the nice weather while we have it -- it was really hot here for a few weeks but a couple weeks ago it dropped back down to the high 70s and low 80s and for the most part it's stayed there.
      My garden's doing really well but I have to keep telling the dogs to stay away from the tomatoes -- I've had a caprese salad already -- it's soooo much better with homegrown tomatoes and basil :-)!!!
      Next week I'm powerwashing and staining the deck; tried hiring someone to do it last spring but refused to spend a thousand when I could get a power washer for a couple hundred!
      Enjoy the rest of your summer and stay well.
      Pwr 2 the peons! Recall Scott Walker!

    • 9 months ago
  • Leen61
    • +1
      Leen61  
    • wolfess:

      "Have ya noticed that once ya hit 39 time seems to go waaaay too fast :-)?" Do I hear you on that! The years go by quicker and quicker. Too fast for me. This coming weekend is Labor Day weekend already. Then it's Fall and before you know it, hubby and I will be facing another WI winter....now that's depressing. Sounds like the weather has been nice by you, too. Enjoy your garden and good luck with the deck.
      Take care, have fun and you stay well also. :)
      Recall Walker!

    • 9 months ago
  • wynnmeg61
    • +8
      wynnmeg61  
    • The other part of these GOP townhalls that make me angry, is the bit of charging a cover fee so to speak. I realize that W did this alot, making sure that only supporters were allowed in. However, I find it even more odious that House members are doing this to their constituents, and then have the nerve to call themselves "Constitutionalists". Yeah right, Representatives of the people, my Aunt Sally's goat is more a representative of the people.

    • 9 months ago
  • cherry5000
  • Richard_Wyatt
  • freedomsings
    • +6
      freedomsings  
    • One here for the people. So sick of the one sided media, this is not America any longer though. Lets hope the people keep fighting for truth and justice.

    • 9 months ago
  • bailey78
    • +5
      bailey78  
    • Look folks if you don't already have a video camera Please get one. Then anytime you see something that looks like it should be recorded do so. When the police come to your door or if you are in a wreck or if you see a wreck just click record. They have cameras pointed at us so lets fight back every chance we can... Peace an Love Bailey.

    • 9 months ago
  • TrishR
    • +1
      TrishR  
    • bailey78:

      I'd like to note that even most mid-price cell phones have built-in video recording capabilities. If you don't want to carry a camera, you can get a phone that will serve the purpose, too (and, with the right kind of service, one could send important video to someone else quickly....)

    • 9 months ago
  • bailey78
  • crabbyoldguy
    • -3
      crabbyoldguy  
    • Ya it's an outrage, like that damn Bush not letting the media film the caskets of the troops comming into Dover. Opps, sorry I guess Obama did the same thing when the helicopter with 30 troops was shot down. It is strange that Obama would do that after fighting with the Bush administration to let the media film the returning caskets. It smells of, get ready for it, here it comes, sit down if you're standing, hypocrisy.

      Lets all remember that when Bush was in office the media brought us "death toll updates" as they happened, with a weekly summary on Sunday. Now with the president of peace(aka Nobel Laureate Peace Prize Winning Obama) in office the media puts the "death toll updates" on the back burner.

    • 9 months ago
  • Schnookums
  • crabbyoldguy
  • Schnookums
  • CreditFigaro
    • +1
      CreditFigaro  
    • crabbyoldguy:

      Ah yes, the old deflection trick. Unfortunately we are talking about republicans confiscating cameras at public town hall meetings (!?), not the entirely separate issue of casket filming.

      Are you not outraged at anyone trying to limit explicit free speech?

    • 9 months ago
  • cmc101
    • 0
      cmc101  
    • crabbyoldguy:

      If I remember correctly Obama ask the family members to choose whether to allow or not The filming of our soldiers returning to Dover.
      You are right.
      "(the media puts the "death toll updates" on the back burner)"
      Do you agree?

    • 9 months ago
  • cmc101
  • crabbyoldguy
    • 0
      crabbyoldguy  
    • CreditFigaro:

      No tricks just stating facts. Wouldn't the same constitutional rights apply in both cases?
      Issues like this occur in both parties, and politicians pander to their constituents, and pundits doctor videos to make their points. Free speech is a good thing,

    • 9 months ago
  • crabbyoldguy
    • 0
      crabbyoldguy  
    • cmc101:

      In the Helicopter crash the Pentagon said that they didn't have all the body parts sorted out yet so permission couldn't be obtained for individual caskets. It seems odd to me that one needs permission to take pictures of a flag drapped casket since no identification is visible.

    • 9 months ago
  • lazloman
  • timelord999
  • lazloman
  • TrishR
    • 0
      TrishR  
    • timelord999:

      It seems to me that the Republicans' attitude toward the Constitution is like the pre-Vatican II Catholic church attitude toward the Bible: When we make reference to the revered document, that ends your right to argue, but you're not qualified to read or interpret the sacred document for yourself.

    • 9 months ago
  • Schnookums
  • wynnmeg61
    • +1
      wynnmeg61  
    • Schnookums:

      Oh snookums you make me laugh, I know you have paid close attention to their various interpretations of the Constitution. I think they must be reading their constitution under the influence of hallucinogentics.

    • 9 months ago
  • Schnookums
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