In October 2007 Simon Glik used his phone to videotape police officers arresting a man in Boston. The police immediately turned their attention to Mr. Glik and arrested him for "illegal electronic surveillance." Glik filed a civil suit against the city, and he was awarded $170,000 in a settlement.
Mr. Glik was forced to defend himself against criminal charges of illegal wiretapping, aiding the escape of a prisoner, and disturbing the peace. After a judge threw out those charges, Glik filed a civil rights suit against the city and the arresting officers in federal court in Boston, aided by the American Civil Liberties Union of Massachusetts and Boston attorneys Howard Friedman and David Milton. This settlement resolves that case.
The settlement follows a landmark ruling last August by the U.S. Court of Appeals for the First Circuit, declaring that the First Amendment protects the right to record police carrying out their duties in a public place, Glik v. Cunniffe 655 F.3d 78 (2011). The First Circuit's ruling is binding only in Massachusetts, New Hampshire, Maine, Rhode Island, and Puerto Rico, but its persuasive reasoning has been cited by courts and lawyers nationwide facing the recurrent issue of police arresting people for filming them.
The Massachusetts wiretap statute prohibits only secret recording of audio. The First Circuit in Glik's case affirmed that an arrest under the statute for openly recording the police would violate not only the First Amendment right to gather information but also the Fourth Amendment's guarantee against false arrests.
"The law had been clear for years that openly recording a video is not a crime. It's sad that it takes so much for police to learn the laws they were supposed to know in the first place. I hope Boston police officers will never again arrest someone for openly recording their public actions," said Glik.
I imagine the police department won't have to pay the fine; the taxpayers will have to pay for the police officers' fuckup instead.
Neglected public payphones in New York City are being turned into “GuyFi” stations: a place where one can rub one out for the sake of “stress relief.” Annalee Newitz reports on the wank booths from a company named “Hot Octopus”… The company reported that at least 100 men used the booth on its opening day […]
You’d be forgiven for thinking the videocassette format long-dead, but it turns out that Betamax is still around. Sony is finally going to withdraw tapes from sale, bringing a 40-year story to an end. The last recorders were sold in 2002. ベータビデオカセットおよびマイクロMVカセットテープ出荷終了のお知らせ [Sony; via The Verge]
A leaked Comcast memo discloses that the company’s consumer data caps have nothing to do with network congestion, contrary to its public claims. The internet service provider has often complained (such as when lobbying against net neutrality) that it must impose limits on service to prevent network congestion. The argument suggests that these measures are […]
It’s 2016 and we like our technology really small. Our phones fit in our pockets, our remotes are lighter than ever, and even our cars seem to be shrinking. So your new drone shouldn’t be an exception. This Axis VIDIUS Drone is 21% off right now and it’s so little, your biggest problem won’t be […]
You’ve heard the news: cyber security is the new and very scary frontier. Hackers are out there just waiting for you to relax for a second and let them in. But that’s not going to happen to you. With a lifetime premium subscription to ZenMate VPN, you’re completely protected from anyone out there who wants […]
Remember back to the time when people thought java was just a hip way to talk about coffee? Or you vaguely remembered from geography class that it’s an island in the South Pacific? We’ve come a long way since then and now that we’ve rocket blasted into the tech future, you’re going to need to […]