Peter Gabriel fights injustice
Power & the Rule of ManIn this talk, Pater Gabriel spoke about WITNESS. According to its website, this 20-year-old nonprofit organization enables people to create video documentaries to tell the world about human rights abuses.
Gabriel described the individual photographers as brave. The violent subject matter of the WITNESS recordings suggests “bravery” is an understatement. Authorities with power know the significance of video documentation. After all, many people understand power corrupts. Indeed, there are those who know it corrupts absolutely.
Power v. the Rule of LawOn November 26, 2012, an ABA Journal item addressed recording government authorities in America. The United States Supreme Court refused to review a Seventh Circuit decision about an Illinois criminal statute on Constitutional Grounds. The statute created a felony for one to record the audio of “all or any part of any conversation” unless all parties to the conversation give their consent. A defendant four to fifteen years if one of the recorded individuals were performing duties as a police officer. American Civil Liberties Union of Illinois v. Anita Alvarez, No. 11-1286 (7th Cir. 2012) available at http://www.ca7.uscourts.gov/tmp/OE0MH5TM.pdf.
In this case, ACLU-Illinois had planned a “police accountability program” in Chicago. This involved openly recording official police conduct in public places. In addition to recording video, the activists were also to record audio of police and individuals speaking at a volume bystanders could hear.
ACLU-Illinois intended, among other things, to record police at protests and demonstrations (“expressive activities”) on streets, sidewalks, plazas, and parks (“public fora”). The organization also planned to record police at expressive activities carried out by its members. To protect videographers from criminal charges, ACLU sought to prevent enforcement of the statute on First Amendment grounds.Ibid.
Rule of Law PrevailsThe Seventh Circuit found the statute restricted far more speech than necessary to protect its legitimate interests. Applying the principle that audio and video recordings are among expressive media commonly used to preserve and share information and ideas, the Circuit Court determined the First Amendment also protects making these recordings. Thus, the Circuit Court found the statute would violate the First Amendment’s free-speech and free-press guarantees if applied to ACLU videographers.Ibid.
Notably, the Seventh Circuit ruling is limited to the Illinois statute. Other jurisdictions have considered the issue, including but not limited to the First Federal Circuit, and the State of Oregon. Laws may vary in different jurisdictions. To avoid legal consequences, one ought to find out the law where one lives and plan one's course of conduct accordingly.
Michael A. Smolensky, Esquire, fights injustice in courtrooms across New Jersey.
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