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WHY? Unless you are taling about the filming/audio of FEDERAL law enforcement? If this is a state law, and concerns STATE law enforcement, the Supreme court is moot.
Unless, there is a federal law that states otherwise...
Under the supremacy clause, a state law, statute, or ruling that is contrary to the United States federal law, consitution, or ruling, is void, and can be over-turned by the US Supreme Court.
They would try to frame the case as a First Amendment issue, else it would be pretty much doomed to failure, as it would be viewed as a state issue. Because the First is incorporated, that's the necessary hook they can use to bring it before SCOTUS. Whether the Justices would buy it, who knows. I'd give it somewhere between a 50/50 to 60/40 shot, with the edge (maybe) slightly leaning towards striking the law down on First Amendment grounds.
Last edited by FreedomThroughAnarchism; 09-02-2011 at 01:08 PM..
No matter how a state defines the recording of police while on the taxpayer dime, I think the ruling takes care of it.
I predict the charges will be dropped. The prosecution asked for a delay a few days ago - they have no case and a jury is not likely to convict this guy of anything.
The court needs to step up and tell the police across the nation what most people inherently know - it's not illegal to record police on duty - can't be.
Yeah, SAME case I posted...I guess you didn't read it.
Yes I did, neither said audio. The text of the ruling does.
WHY? Unless you are taling about the filming/audio of FEDERAL law enforcement? If this is a state law, and concerns STATE law enforcement, the Supreme court is moot.
Unless, there is a federal law that states otherwise...
Under the supremacy clause, a state law, statute, or ruling that is contrary to the United States federal law, consitution, or ruling, is void, and can be over-turned by the US Supreme Court.
If not, you're on your own.
This deals with privacy concerns, and is subject to the U.S. constitution. Not to mention the fact that this should be considered cruel and unusual punishment which is also a violation of the constitution.
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