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Old 03-15-2015, 10:08 PM
 
Location: Pittsburgh, not Paris. #MAGA.
9,693 posts, read 5,272,723 times
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Well-intended bill, but a bad idea all the same. Firstly, this bill, if enacted, is going to be abused as cops are going to arbitrarily decide whether someone is "25" or however many feet away. Ultimately, though, this bill isn't needed, as people who are too close to police activity can be lawfully excluded from such an area and arrested for noncompliance as is (its called interfering with a police investigation). Still, if I'm across the street from the scene of an incident (well out of the police's way), but still within 25 feet, I don't know why the law should prevent me from filming.

Having written that, its odd that the linked to article states that this bill runs afoul of a Federal court of appeals precedent, as the decision in question, which is from the 1st Circuit Court of Appeals, is not precedent for Texas authorities. The Supreme Court hasn't ruled on the matter definitively, and nor has the 5th Circuit, whose opinions are binding precedent for Texas. Photography & the First Amendment | First Amendment Center For what it is worth, federal district courts under the jurisdiction of the 5th Circuit have found not ruled that there is a constitutional right to photograph/film police activity.
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Old 03-15-2015, 10:19 PM
 
Location: Eastern Shore of Maryland
5,941 posts, read 2,492,728 times
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Quote:
Originally Posted by tickyul View Post
So, 25 foot barrier to videoing.

GREAT, I guess a cop just has to walk towards the citizen-criminal who is videoing.........................HEY, YOU ARE NOW TOO CLOSE TO FILM!!!!!!!!!
I don't think that would fly in court, since your still 25 feet away from the scene, and its the Cop who is approaching you, which would be evident on the video.
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Old 03-15-2015, 10:26 PM
 
Location: Pittsburgh, not Paris. #MAGA.
9,693 posts, read 5,272,723 times
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Quote:
Originally Posted by Boris347 View Post
I don't think that would fly in court, since your still 25 feet away from the scene, and its the Cop who is approaching you, which would be evident on the video.
Such a silly outcome is exactly why this bill, if enacted, will likely be abused by police officers who don't want the hassle of being filmed going about their business. It forces those who would not otherwise to behave (I know, the horror ). Having written that, the 5th Circuit is a very conservative circuit that reads the Constitution more literally/originalist than other circuits, so I'm not convinced that the law would ultimately be struck down. And how the 5th Circuit rules matters as the Supreme Court isn't guaranteed to take up this issue. Moreover, given that there is already a circuit split on this issue, yet the Supreme Court hasn't granted cert on this matter, doesn't make me confident that a 5th Circuit ruling that runs contrary to the holding of the 1st Circuit, would make the Supreme Court take this matter up. At the end of the day, I'd rather not have to rely on the courts, though, for my rights and common sense to be protected. The legislators and executives are often the first to speak on these matters, and they should get it right from the jump.
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Old 03-16-2015, 06:48 PM
 
Location: Eastern Shore of Maryland
5,941 posts, read 2,492,728 times
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Quote:
Originally Posted by prospectheightsresident View Post
Such a silly outcome is exactly why this bill, if enacted, will likely be abused by police officers who don't want the hassle of being filmed going about their business. It forces those who would not otherwise to behave (I know, the horror ). Having written that, the 5th Circuit is a very conservative circuit that reads the Constitution more literally/originalist than other circuits, so I'm not convinced that the law would ultimately be struck down. And how the 5th Circuit rules matters as the Supreme Court isn't guaranteed to take up this issue. Moreover, given that there is already a circuit split on this issue, yet the Supreme Court hasn't granted cert on this matter, doesn't make me confident that a 5th Circuit ruling that runs contrary to the holding of the 1st Circuit, would make the Supreme Court take this matter up. At the end of the day, I'd rather not have to rely on the courts, though, for my rights and common sense to be protected. The legislators and executives are often the first to speak on these matters, and they should get it right from the jump.
Its a bad Law because I don't think its intended for any other purpose than to "cover up" any wrong doings by Police, in disguise as a "Protection Law." If it passes, it will likely spread through other States. Its going to be interesting to watch and see if it flies, and if it does, to see what the ruling will be when its contested by some one who is arrested and has some money to fight it.
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Old 03-16-2015, 07:00 PM
 
Location: Canada
5,796 posts, read 2,151,295 times
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Why is there a clambering to to ban video taping gun shootings?? Just can't get my head around it at all?? Anyway ..Laws allow gun ownership..new laws encourage open carry even on University Campus's...So now Legislatures want to disable wrong doings by those who carry those nasty guns who could create mayhem..DO NOT ALLOW ANYONE TO VIDEO TAPE...Ohhhh Wait..Is this law strictly Video Taping POLICEY MAN from carrying out their duties ??? ...BS..What's good for the goose is good for the gander. ,ANYONE, mis-using their right to own and abuse their rights to own a firearm do NOT get a "Get out of Jail Free" coupon
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Old 03-19-2015, 07:18 PM
 
535 posts, read 513,644 times
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Completely an unconstitutional bill. A person has the first amendment right to a free speech, free expression and free press. Video recording in public has always been a part of a free press. It is completely protected. All people who vote for the bill and enforce it if it does pass are criminals.

Police should be held accountable for their actions. The public recording their actions is an important way.
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Old 03-20-2015, 03:14 AM
 
Location: USA
13,266 posts, read 9,990,078 times
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Quote:
Originally Posted by Boris347 View Post
I don't think that would fly in court, since your still 25 feet away from the scene, and its the Cop who is approaching you, which would be evident on the video.
Yea but if they take your camera before the incident occurs it won't matter. People assume that Police will be honest and respect the law.



I don't know why people believe that, but they do. Look at how many laws they already break now.



They don't need any more protections. WE need the protections.
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Old 03-20-2015, 03:16 AM
 
Location: USA
13,266 posts, read 9,990,078 times
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Quote:
Originally Posted by john620 View Post
Completely an unconstitutional bill. A person has the first amendment right to a free speech, free expression and free press. Video recording in public has always been a part of a free press. It is completely protected. All people who vote for the bill and enforce it if it does pass are criminals.

Police should be held accountable for their actions. The public recording their actions is an important way.
They were literally shooting and arresting journalist in Ferguson.



The media coverage is probably the only thing that kept the Police from becoming more violent. You had officers telling media crews "I will f_____ng kill you" while being recorded.
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Old 03-20-2015, 09:42 AM
 
3,217 posts, read 1,631,407 times
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So if I get pulled over in my car on the street, I can't record the interaction between me and the cop because he is too close to me?
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Old 03-20-2015, 10:04 AM
 
Location: USA
13,266 posts, read 9,990,078 times
Reputation: 4228
Quote:
Originally Posted by Orlandochuck1 View Post
So if I get pulled over in my car on the street, I can't record the interaction between me and the cop because he is too close to me?
If your carrying according to this law if posters are framing it right.



And that's a very good point, I didn't think of that. I was only thinking of trying to record to help a fellow citizen.
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