Mediaboss Marketing

Words matter. Reporting matters. But sometimes, its a video that matters most.

When a Minneapolis police officer knelt on George Floyds neck for more than eight minutes while he died, gasping for breath, a cellphone video shot by a teenage girl on her way to get a snack made the horror undeniable.

The world needed to see what I was seeing, Darnella Frazier told the Minneapolis Star Tribune.

Days later, when Buffalo police knocked down 75-year-old protester Martin Gugino and a pool of blood spread under on the sidewalk under his head, a cellphone video enraged people all over the world.

It just so happens I was in the right place at the right time with exactly the right angle, Mike Desmond of the local public radio station WBFO explained to the Buffalo News.

Video can change the world or at least a few million opinions. But what about the potentially explosive video that cant be shot or never gets seen because law enforcement has confiscated cameras or arrested the people using them?

This week, New York Universitys First Amendment Watch released A Citizens Guide to Recording the Police a primer for amateur videographers on the rights they are entitled to in these encounters. The guide explains why, under most circumstances, the police can neither seize nor demand to view such recordings though some may try and it provides case-law examples to back up its assertions.

It comes along at a crucial time.

In this new era, we have armies of citizens out on the streets capable of producing evidence that checks the conduct of public officials, said Stephen Solomon, the organizations founding editor. The First Amendment right to record public officials, such as the police performing their official duties in public, is central to our democracy, he said.

Who can forget the bizarre and disturbing arrest of Omar Jimenez and a CNN crew while on live television in Minneapolis on May 29? That incident was roundly denounced by press freedom groups and resulted in an apology from Minnesota Gov. Tim Walz: There is absolutely no reason something like this should have happened.

But less heralded and far less visible offenses have happened throughout the United States, as the U.S. Press Freedom Tracker makes clear.

Sue Brisk, a freelance photographer, told the Tracker that she was photographing demonstrations at 42nd Street in Times Square that same day with her NYPD-issued press pass clearly displayed. I watched the police beat people with billy clubs and then they threw a woman up against a pole right in front of me, Brisk said. After that its a blur.

Brisk said that, before she knew what was happening, her head was slammed to the ground and she found herself pinned under at least three New York City police officers. Weeks later, she was still trying to retrieve her camera.

By the Trackers count, well over 400 aggressions against the press including dozens of examples of equipment being damaged have marred recent Black Lives Matter protests.

The NYU guide cites a 2012 U.S. Court of Appeals for the 7th Circuit decision that drew a direct connection between the creation of a recording and something thats better understood to be constitutionally protected: the publication or dissemination of a recording.

The right to publish or broadcast an audio or audiovisual recording would be insecure, or largely ineffective, the decision in ACLU v. Alvarez stated, if making the recording were unprotected. Restricting the use of [a recording] device suppresses speech just as effectively as restricting the dissemination of the resulting recording.

However, the right to record police isnt, well, bulletproof, at this moment.

About three-fifths of the U.S. population lives in states where federal appeals courts have recognized a First Amendment right to record the police in public, the guide says. The U.S. Supreme Court hasnt ruled directly on the issue.

That means legal protections arent nailed down everywhere. Yet the outlook is good: Given the resounding support so far for this First Amendment protection, it seems highly likely that the remaining federal appeals courts would reach the same conclusion if the issue appears on their docket.

Of course, the legal right to record is no guarantee of respectful treatment when events are unfolding. And they are small comfort to journalists or members of the public who have been injured or had their equipment seized as they tried to document protests.

Still, Solomon told me, its helpful to know your rights to confidently assert them when it matters most. After all like 17-year-old Darnella Frazier who started a movement by pointing her cellphone almost anyone can capture evidence of what the world needed to see.

Should that happen, its good to know the First Amendment has your back.

Read more from the original source:
Taking a cellphone video of police? Theres a First Amendment for that - Seattle Times

Everyone should have the First Amendment right

Recently The Marietta Times in the Our Opinion column ran the following Fight for free speech is always appropriate. Therefore, shouldnt everyone have the right to fight for their opportunity to express their opinion regardless of ones viewpoint, regardless of the subject matter, with the exceptions of salacious views and/or defamatory comments? The First Amendment gives every individual that given right! Sadly, many in the vast media army are choosing the topics they consider appropriate for freedom of speech. Apparently, Christianity is not one of those subjects. Shouldnt all people, including Christians, be given the opportunity to exercise the right of Freedom of Speech?

Deciding what should be said or not said is restricting the First Amendments freedom. Attempting to appease those who disagree with other beliefs or viewpoints is not a function for the First Amendment. Deciding to restrict thought and free speech on a specific subject is considered the task of media and it is blatantly wrong. Regrettably, many people think otherwise. Shouldnt everyone have the use of the First Amendment Right including Christians? Yet many of those who share the Gospel of Jesus Christ through various media modes are stifled yes, even censored.

William O. Douglas, the longest-serving justice in the history of the Supreme Court, said, Restrictions of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us.

Indeed, the freedom of speech on different subjects religion, politics, God, etc. can upset, infuriate, and make people uncomfortable. Nevertheless, we, being citizens of America, having been granted the right to exercise our Freedom of Speech, should be given the opportunity and liberty to freely exercise the First Amendment regardless of the subject matter, Christianity included! After all, doesnt the article in Our Opinion column say that to fight for free speech is always appropriate? Indeed, it is!

Nancy Hamilton

Marietta

Today's breaking news and more in your inbox

See the original post:
Everyone should have the First Amendment right | News, Sports, Jobs - Marietta Times

Protests of racial injustice and police brutality continued this weekend in Charlotte. As usual, Charlotte Mecklenburg police were on the scene, but they were operating under a temporary restraining order. A superior court judge on Friday signed the order halting the department's use of riot control agents like tear gas and flash bang grenades against peaceful protesters. That was a response to a lawsuit filed by groups including the local chapter of the NAACP, the ACLU of North Carolina and Charlotte Uprising. Alex Heroy helped to argue their case in court. He joins Morning Edition host Lisa Worf.

Worf: Good morning, Mr. Heroy.

Heroy: Good morning.

Worf: So how much does this restraining order change CMPD tactics? After all, CMPD says it has only used riot control agents like tear gas once people began throwing rocks and frozen water bottles at officers.

Heroy: I think it requires stricter adherence to their policy and puts limits on the policies. There's CMPD directives are, they're not always to set specific on the use of force continuum and sort of what's allowed and what's not allowed. So this is put in place. We filed a lawsuit to really protect the peaceful protesters that have been victims of, what we thought of as sort of a gross assault on their First Amendment rights, at least in particular on June 2.

Worf: So when you say it puts limits on some of their tactics, are you saying because it adds a certain level of scrutiny that wasn't there before, even though CMPD says this doesn't change that much?

Heroy: Yes. Yes. I mean, so on June 2, when you had three to four hundred protesters who are all largely acting very peaceful, marching with their hands up. No real issues that we've seen in the videos. And then the police boxed them in and gassed them and shot at them. That's not OK. That's across the line. That's way over the line. Even if CMPD says that there were some outliers throwing a water bottle or even a rock would justify that kind of use of force. And it doesn't justify that use of force indiscriminately against a large crowd of peaceful protesters exercising their First Amendment rights. That's just not allowed. It's not OK. And we had to put a stop to it and not let it, risk it happening again. That's what we had to move for this emergency restraining order to make sure it doesn't happen again.

Worf: No CMPD Deputy Chief Jeff Estes said Friday that the one difference it makes for the department is that it prohibits officers from using riot control agents like tear gas again against people who are destroying property. So officers would have to intervene physically to remove those people. Do you have concerns this could further escalate a situation?

Heroy: Well, I don't think this CMPD's communication was an accurate summary of the order. The restraining order restricts actions against peaceful protesters. If there is an individual who is causing a destruction during a peaceful protest, CMPD is supposed to go in and remove that that individual, if they're destroying property there's a use of force continuum that CMPD is allowed to use. It is not a, this is not a, an order that allows or forces CMPD to just simply let people go commit criminal activity. That is not it at all. It is a restriction on what use of force can be used against peaceful protesters gathering.

Worf: Now, this is a temporary restraining order until the lawsuit can be heard. What does the lawsuit itself seek?

Heroy: So the lawsuit itself seeks a permanent restraining order that the same thing. We're also asking for what's called a declaratory judgment against which would find that the dispersal order allegedly announced on June 2 was ineffective and did not comply with CMPD policy.

Worf: And beyond the use of tear gas and other riot control agents, how did the groups you represent want to change police tactics when it comes to handling protests?

Heroy: I say that, you know, there's a lot of groups that are plaintiffs in the lawsuitm it's a lot of different opinions. So I don't want to speak for the entire group because it's a range with a lot of things that need to be changed with police. But I think the overarching issue is the respect and lack of respect and improving that, greatly improving that and community relations with the police.

Worf: That's Alex Heroy, who helped argue the case in court on behalf of groups, including the local chapter of the NAACP, the ACLU of North Carolina and Charlotte Uprising.

Originally posted here:
Lawyer On How Restraining Order On CMPD Will Protect Protesters' First Amendment Rights - WFAE

The leader of the Sons of Confederate Veterans needs to reread the Bill of Rights.

The group is claiming responsibility for hiring a plane to fly a Confederate flag and a banner that said Defund NASCAR over Talladega on Sunday. It was the first race at the Alabama track since NASCAR banned fans from flying the Confederate flag at track properties.

NASCAR is a private company. It has the absolute right to prohibit certain items at its tracks. Yet Paul Gramling tried to tell the Columbia Daily Herald that NASCAR was infringing on the First Amendment rights of fans by banning the flag.

Who wants to tell Gramling that the First Amendment doesnt apply to private company prohibitions? From the Daily Herald:

NASCARs banning the display of the Confederate battle flag by its fans is nothing less than trampling upon Southerners First Amendment Right of free expression, Sons of Confederate Veterans Commander in Chief Paul C. Gramling Jr. said. This un-American act shall not go unchallenged. [On Sunday], members of the Sons of Confederate Veterans Confederate Air Force displayed its disapproval of NASCARs trampling upon the First Amendment Rights of Southerners. During and before the start of the NASCAR race in Talladega, Alabama, our plane flew a banner announcing a drive to defund NASCAR.

It is the hope of the Sons of Confederate Veterans that NASCAR fans will be allowed the fundamental American right of displaying pride in their family and heritage. The Sons of Confederate Veterans is proud of the diversity of the Confederate military and our modern Southland. We believe NASCARs slandering of our Southern heritage only further divides our nation. The Sons of Confederate Veterans will continue to defend not only our right but the Right of all Americans to celebrate their heritage. We trust NASCAR will do the same.

Theres something hilariously bizarre about the leader of a group honoring the heritage of those who fought against the United States saying that something clearly allowed by law and the U.S. Constitution is un-American. Even the mayor of Columbia, Tennessee, Chaz Molder, made sure to point out how NASCAR was not violating the groups constitutional rights and that the group does not represent Columbia. Period.

Its also unclear how, exactly, NASCAR could be defunded. Since its, you know, a private company and not a public entity. The only way that defunding NASCAR could happen is if its television contracts were canceled by Fox and NBC, and sponsors started pulling out of the series. Thats not going to happen. Hell, NASCAR wouldnt have taken the steps to ban the Confederate flag if it didnt think that the move would be a net positive to attract new viewers and corporate sponsors.

The group has tried to sponsor a NASCAR car in the past, but NASCAR said no. NASCAR has not allowed the use of the Confederate flag in official capacities for decades and this months ban comes five years after the sanctioning body simply requested fans not to fly the flag at tracks. That request happened after a white supremacist killed nine parishioners at a Black church in Charleston, South Carolina.

Nick Brombergis a writer for Yahoo Sports.

More from Yahoo Sports:

View original post here:
Leader of group that flew Confederate flag over Talladega wrongly says NASCAR infringed on the First Amendment - Yahoo Sports

On June 27, 2018, the U.S. Supreme Court issued its landmark Janus v. AFSCME decision determining that all public employees are entitled to work without having to pay union dues or agency fees. As the two-year anniversary of the Janus decision approaches, it is worth examining the practical effects that decision has had on workers throughout the country.

The Janus case examined an Illinois law under which public sector employees were required to financially support a union, regardless of whether they agreed with the unions policy positions. Mark Janus, the plaintiff, argued that such an arrangement violated the First Amendment by forcing him to subsidize speech that was contrary to his personal beliefs. The court agreed, determining that even the bargaining activities conducted by public sector unions constitutes political speech. As a result, the court ruled that public sector workers could not be compelled to financially support a union, and that a waiver of the right to not support a union was required to meet strict constitutional standards.

Given the importance of protecting employees First Amendment rights, the court established an exacting standard to ensure that any waiver of those rights is constitutionally adequate. The court determined that, to be effective, an employees waiver must be freely given and shown by clear and compelling evidence. To satisfy that standard, an employee must clearly and affirmatively consent before any money is taken from them.

Although the Janus decision reaffirmed the First Amendment rights of public sector employees, it was far from self-executing. Anticipating a significant reduction in membership and revenue, unions throughout the country reacted by attempting to restrict the rulings effects. Lawmakers introduced bills to weaken Janus; California passed multiple laws to protect union special interests before Janus even was decided. Washington, Illinois, Massachusetts, Rhode Island, and Oregon all followed suit with laws of their own. Connecticut considered legislation, which was not adopted, but which has been reintroduced this year.

The particular effects of these bills differ from each other. But the overall goal is clear: Make it easier for unions to acquire members, empower unions to restrict dues cancellations, and protect unions from lawsuits for unconstitutional fees that were charged in the past. In short, unions nationwide pushed for legislation that would preserve their control, and finances, regardless of whether that legislation promoted worker freedom and employee rights. And if a court found them in the wrong, it was the taxpayers who were on the hook.

Some states have gone in the other direction, standing up for union workers by implementing the full decision. Kevin Clarkson, Alaskas attorney general, recently issued an opinion requiring workers to annually opt-in to the deduction of union dues. This also requires that employees be advised of their labor rights before opting in. Gov. Michael Dunleavy later made that opinion effective through an executive order.

Alaska is not alone in this regard. The attorneys general of Texas and Indiana have issued opinions containing these requirements. Michigan, too, has taken steps toward protecting workers First Amendment rights. The states Civil Service Commission proposed rules that, if adopted, would implement these requirements for many of Michigans state employees.

Janus has had a profound effect on public sector union management. Since the decision, workers throughout the country have embraced their newly affirmed freedom to avoid financially supporting union positions they personally oppose.

In 2018 alone, the American Federation of State, County and Municipal Employees (AFSCME) lost 98 percent of its agency fee payers and the Service Employees International Union (SEIU) lost 94 percent. The National Education Association, which represents teachers, lost 2.8 percent of its members and agency fee payers, and AFSCME lost 8 percent of its membership.

The overall impact of Janus is hard to measure, because public sector unions are not legally required to disclose membership numbers. But the available evidence shows that, despite unions ongoing efforts to limit the impact of Janus, the case was a boon to those public sector workers unhappy with their unions. The past two years have brought sweeping reform, the liberation of hundreds of thousands of agency fee payers, and the restoration of workers First Amendment rights. If the next two years are equally successful, Americas workers can look forward to even greater freedom and prosperity.

Steve Delie is the director of labor policy and Workers for Opportunity at the Mackinac Center for Public Policy in Midland, Mich.

Here is the original post:
How the Janus decision changed America | TheHill - The Hill