Thursday, September 1, 2011

Glik v. Cunniffe - MAJOR Victory for those who videotape police and government officials.

OFF THE WIRE

Result of Glik v. Cuniffe court case. Glik was arrested and charged under MA wiretap law when videotaping police making an arrest in a public place. Police were incorrect, and violated Glik's rights, when they arrested Glik, alleging Glik violated the MA wiretap law, since his recording device was recording audio in addition to video in Boston.
GLIK V. CUNIFFE
US Court of Appeals, First Circuit,
"... citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment."http://www.citmedialaw.org/blog/2011/victory-recording-public

By way of background, the MA wiretap law was NOT put in place to protect police while on duty. It was put in place to protect privacy rights of individuals, and was originally created in order to limit intrusive surveillance of individuals by law enforcement. Cops could still bug (wiretap), but had to get permission either from the individual or by getting a judge to issue a warrant.
So, among major court case law worth remembering, it is Glik v. Cuniffe. Cite it if you need it.