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Back To Jail (talking-points-memo)

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Cop: 'First Amendment rights can be terminated'

Video from March 2012 shows Chicago police taking members of the media into custody.

By Bob Sullivan

The video is chilling, but it's also a sign of the times.

"Your First Amendment rights can be terminated," yells the Chicago police officer, caught on video right before arresting two journalists outside a Chicago hospital.? One, an NBC News photographer, was led away in handcuffs essentially for taking pictures in a public place.? He was released only minutes later, but the damage was done. Chicago cops suffered an embarrassing "caught on tape" moment, and civil rights experts who say cops are unfairly cracking down on citizens with cameras had their iconic moment.

Tales of reporters, protestors and citizen journalists being threatened or arrested for filming law enforcement officials during disputes are on the rise, critics say, with Occupy Wall Street protests a lightning rod for these incidents. The National Press Photographers Association claims it has documented 70 such arrests since September and, in May, called on U.S. Attorney General Eric Holder to focus attention on the issue.

---

"The First Amendment has come under assault on the streets of America," the photography association said in a letter to Holder that was also signed by several other interest groups. "Police have arrested dozens of journalists and activists simply for attempting to document political protests in public spaces.?

Such allegations are ironic, given the sharp rise in police surveillance technology, which gives cops vast capabilities to film citizens, said Catherine Crump, an American Civil Liberties Union attorney.

"It is true that Americans are photographed more and more today as they walk around in public spaces," Crump said. "And it is ironic that law enforcement agencies are objecting when the same activity is being used to film their activities. But it's not surprising because there's often a double-standard in this space."

There's always been a tense relationship between cops and cameras, but that relationship is being pushed to the brink now that half of U.S. adults carry smartphones, nearly all of them capable of filming and sharing visuals instantly with the whole world via the Internet.? Cops at Occupy Wall Street protests -- such as those at Zucotti Park in New York City -- routinely deal with dozens of amateur photographers shoving cameras in their faces, many of them aggressive.? It's not hard to see how the cameras can escalate an already tense situation.

But First Amendment law is clear: Citizens in public spaces have a right to film things they see in plain sight. Courts have repeatedly upheld that right in high-profile cases.

Court rulings sometimes have no bearing during intense situations, however.

"It wouldn't really matter with some police officers if you had an original copy of Bill of Rights with you," said Mickey Osterreicher, a lawyer for the press photographers association. He said he deals with new cases nearly every day involving photographers who he believes have been wrongly arrested.

"The sign on my desk that reads, 'Bang head here,' is getting worn out," he said.

In April, Connecticut's State Senate passed a law that clearly defined citizens' right to film, but the state's lower house failed to act on the measure. The proposal was introduced by Sen. Majority Leader Martin M. Looney , D-New Haven, after a series of incidents involving cops in that state's capital city. In one, a police officer is caught on camera saying ?You don?t take pictures of us,? before making an arrest. In another incident, 26-year-old Luis Luna was arrested for filming an arrest, and video files on his iPhone were deleted.

"In the past several years, police officers have wrongly arrested members of public for using video cameras or cell phone cameras," said Adam Joseph, a spokesman for Looney.? "In the opinion of a number of senators, there were far too many instances, and that demonstrated the right to videotape needed to be codified and is unfortunately necessary."?

The proliferation of devices that can film and share has made this conflict almost inevitable, but there are other causes, too.

?So many mainstream journalists have been laid off and are freelancing,? said Osterreicher, the press association lawyer. ?Then you have people who consider themselves citizen journalists. They have ?pro-sumer? devices capable of taking video and still images with the same quality as pro equipment, and can share them with the world, without mainstream media. That?s something we've never seen, until recently.?

'Threatening act'
As a result, civil liberties lawyers have beaten a path to courthouses around the country, said Crump.

"We do hear about these more frequently now because everyone walks around with cell phone cameras,? she said. ?Law enforcement officers sometimes react badly to this, and view it as a threatening act.?

The most celebrated case involves Simon Glik, who in 2007 filmed police arresting a homeless man near Boston Commons. Glick was arrested and charged with violating the state's wiretapping law.? His case was dismissed, but he then brought a federal civil rights lawsuit against the city. In August 2011, the First U.S. Circuit Court of Appeals for the First Circuit ruled unanimously in his favor.

"That decision is 24 pages of pure gold," Osterreicher said.? "The judges talked about the right to record in public. They said the First Amendment right is self-evident. They took judicial notice of the fact that news is as likely to come from someone with a cellphone as anyone. And they talked about the fact that police officers ? should expect to be recorded when out in public."

In March of this year, Boston paid Glik $170,000 to settle the suit.

"It's really not up to police officers to decide what is and isn't newsworthy," Osterreicher said. "It's a shame Boston had to learn an expensive lesson."

Other rulings have offered a similarly strong endorsement of the right to film, Crump said.

"The First Amendment is strongly protective of right to video and record in public spaces. There?s obviously a good reason for that. Sunlight is the best disinfectant," she said.? She said court rulings have been so consistent, she?s not worried about any weakening of the First Amendment ? ?but she is worried about the more practical side of the problem.? Glik's settlement -- most of which paid for his legal fees -- took five years to arrive.? In most real-life situations, police officers have wide discretion, and few observers have the time, money or wherewithal to see a First Amendment case through to completion.

Osterreicher, both a former journalist and a reserve police officer, prefers far more practical methods.? He travels the country training police officers in First Amendment law. Invited by Chicago police brass, he offered such training in advance of recent NATO meetings in Chicago, which attracted sizable protests.? He thinks it worked: To his knowledge, only one photographer was arrested during those protests.?

He also offers suggestions tips to would-be cop videographers.

"The First Amendment is not absolute," he said. "It is subject to reasonable time, place and manner restrictions. But the key word is ?reasonable.? Is it reasonable when covering a protest to ask someone to stand back or get on a sidewalk? Absolutely. Is it reasonable to expect the press to go away when there is an order to disperse? No."

One rule that is fairly absolute, he said: While there are situations when police can seize cameras and cellphones, they have no right to destroy data, such as pictures or videos, without consent from the owner.? In fact, doing so could be considered destruction of evidence.

The ACLU hosts an information page designed to help amateur photographers understand their rights on its website.? But Crump offered a thumbnail sketch of the law that draws an important distinction between public and private property.

"Generally, when you are in a public space where you have the right to be, you have right to photograph anything in plain view, and that includes police who are executing their duties,? she said. ?But if you are on private property, the property owner gets to set the rules.?

But Osterreicher said any advice photographers receive should come with a warning: ?"It's complicated."

"I can't give you an answer that covers all situations. You?re going to have to make an assessment,? he said ?Is this officer nonchalantly asking you to move? Or is he getting real cranky? A lot of situations can be defused with conversation. ? You want it to end well.?

*Follow Bob Sullivan on Facebook.
*Follow Bob Sullivan on Twitter.?

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SmackDown Five Point Preview: June 1, 2012

All WWE programming, talent names, images, likenesses, slogans, wrestling moves, trademarks, logos and copyrights are the exclusive property of WWE, Inc. and its subsidiaries. All other trademarks, logos and copyrights are the property of their respective owners. ? 2012 WWE, Inc. All Rights Reserved. This website is based in the United States. By submitting personal information to this website you consent to your information being maintained in the U.S., subject to applicable U.S. laws. U.S. law may be different than the law of your home country. WrestleMania XXIX (NY/NJ) logo TM & ? 2012 WWE. All Rights Reserved. The Empire State Building design is a registered trademark and used with permission by ESBC.

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Titus Bramble cleared of sexual assaults

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Recreational Hockey Throughout the World | MotorCycle World

Today, recreational hockey is played worldwide. It doesn?t matter whether you live in a tundra area or in sunny Florida and Saudi Arabia, you will have an opportunity to play it. It is a great team sport which you can play for fun and relaxation.

Every person likes to compete every now and then, and group activities are perfect for that. Basically, every person that is a senior and is into amateur hockey is playing it for fun. The game is popular throughout the world, and everyone plays it, no matter what nation they are.

Even this type of sport, has its fans. There may not be tens of thousands of them, but they do visit these types of games and support their favorite teams. Competitions where their teams compete are as important to them, as they were playing for the Stanley cup.

Unfortunately, this sport is not as represented on TV as other group sports are, but it is finding its way to a wider audience. The interesting thing with hockey is that spectators can see two skaters fighting. It is something which is allowed only in this sport, and maybe the reason why this sport is not as widely popular as baseball or basketball. Some people do not like violence.

When you say group sport, you always think of group work. So here, you should pass the puck to your fellow players, it?s not accepted to be an MVP all by yourself. Everyone is here for the fun, so everyone should get their chance.

Skaters in this sport are not always very good at skating. There are multiple levels: from A skaters, to those who can?t ever catch a puck with a stick. A general rule for players is to pick opponents of their own size, which means that it is unfair to compete against a skater who is much more skillful. Instead, skaters should try to find a skater in the opponent?s team, who is as skillful as they are.

It is surprising how amateur hockey is popular, even in Hong Kong there is this big competition that is really popular. There are around 20 teams competing, with over 250 players from Hong Kong. They are all sponsored and can win prizes. In Canada, which is a cradle of hockey, there is this famous WOAA Senior AA Hockey League.

Of course, everything is bigger in the States. So is recreational hockey league championships. One of the biggest is the HNA League Championship. This competition gathers teams from all over the country. They compete in different divisions, such as Division B, Division C1, C2 etc. In order to make this sport even more exciting, there are annual trips to Europe, which are organized so that the players could get a chance to play hockey with the skaters from Europe.

Even women got their spot under the hockey sun ? The North Carolina Trailblazers. This is one of the biggest and the oldest associations in the Southern East United States.

People who don?t want to join any of the recreational hockey team, build their own ice-rinks. Those are of course small ones, made just for fun. One of those lucky private ice-rink owners are the ones who live in colder areas, such as Newfoundland and Norway.

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This entry was posted on Friday, June 1st, 2012 at 2:41 AM and is filed under Recreation. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Deal of the Day: Seidio SURFACE Case for Motorola Droid RAZR

The June 1 ShopAndroid.com Deal of the Day is the Seidio SURFACE Case for Motorola Droid RAZR. The SURFACE Case provides a thin layer of protection with two interlocking top and bottom pieces that fit snugly around the RAZR, and the soft touch coating provides a firm grip. Comes in black, blue, red, and amethyst.

The Seidio SURFACE Case is available for only $16.95, 43% off the regular price. Get yours today while they're in stock!

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