Does the First Amendment Only Apply to Media? Is There a Right to Record? – FIS 70 – Everything Law and Order Blog

Does the First Amendment only apply to “journalists”? Or does it apply to anyone with a smart phone? Is there a right to record police officers or other government officials? This is what the courts say….. Freedom is Scary Ep. No. 70.
#FirstAmendment #RightToRecord #ConstitutionalLaw

Does the First Amendment Only Apply to Media? Is There a Right to Record?

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By elboriyorker

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46 thoughts on “Does the First Amendment Only Apply to Media? Is There a Right to Record? – FIS 70”
  1. I know of one instance in Wisconsin where a gentleman filming people in a Shopping Mall parking lot was arrested and charged with criminal disorderly conduct, privacy violations and stalking.te idiot DA prosecuted him, convinced a jury to convict and the Judge sentenced him to 8 years in prison. Unfortunately, this poor guy actually served almost the entire sentence before the conviction was overturned and dismissed. Wisconsin has a compensation law for unfairly imprisoned individuals limiting compensation to a maximum of $25,000 total. This is a terrible law, one that has only been over ridden once, and that idiot decided to commit an even worse crime shortly after getting his less than $500,000 compensation for a false arrest and imprisonment for a rape that never happened. Now the man is serving life imprisonment without parole for 1st. Degree Homicide. I am not going to mention his name, but it's a rather infamous case that I believe much of the country knows about.

    I'm just saying that in situations where law enforcement and prosecutors don't face any real consequences for their poor practices that this stuff will continue. We need Nation wide laws with teeth and real consequences so that these kinds of activities by Law Enforcement stops. Law Enforcement Officers really need to spend more time training and learning to do their jobs than a hair dresser does.

  2. The cop's can hide the body cam fatigue by claming its under investigation I been trying to get the body cam footage of my arrest for going on 2 years I keep being told it's under investigation but I have not been asset anything in that time con I get that footage with decovery in the case

  3. Thank you. The law and Constitution still seem a little fluid in my state. Lawyers and judges often have a close relationship. It seems to be changing. Appearances can be deceiving.

  4. As a layman, the answer is obvious. Namely yes, because the 1a gives the right to all citizens to engage in media/journalist activity. As in the right to gather and disseminate information especially information about what the gov is doing.
    Imagine how little practical use the 1a press rights would be if the gov was able to pick and choose who got to have those rights.

  5. From being falsely convicted of assault in Canada, I know most witnesses walk away never to be seen again, including the guy who recorded my arrest. His recording would exonerate me. How do you expect police to get warrants from people they can't ID?, & recordings might get deleted. It would be better if police are only able to make a copy using link sharing & leave original with phone owner. I was falsely convicted of assault using just 2 witness statements which were not independent. We should be using recordings rather than relying on witness statements. I agree with freedom of press, but witnesses should have to share recordings immediately. I believe the corrupt cop who arrested me wanted me falsely convicted of assault anyways; there was no talk of assault until he arrived & he disliked me.

  6. What kind of reasons could a police officer articulate as to why he/she thought that seizing the cell phone was necessary due to exigent circumstances?

  7. Also a WV State trooper threatened someone I know to either delete pictures she took or he would seize her phone….without a warrant. There were no exigent circumstances either. She was simply taking pictures of one of the people who most likely broke into her home, & absolutely did have the stolen property in his possession. WV State Police are the worst when it comes to being recorded in my experience but they ALL hate it here in Greenbrier county

  8. Anyone can be the media. Anyone who records information that others may be interested in.
    ALWAYS record the police. In Greenbrier county, here, the police hate it. I was pulled over the other day because one of my drunk passengers yelled fuck the police out of the window…. I believe the stop was illegal from beginning to end, but unfortunately my phone was almost dead. I won't make that mistake again… I am going to try to get any info I can though, such the police report, & also hope like hell that the Lewisburg police wear body cams or at least have dash cams. But anyway, always record the police. Livestream it actually.

  9. I have a new YouTube channel where I make signs on my cnc machine. I just started a business and would like to make you a sign you you in exchange for your mentioning me and showing the sign

  10. ●●● I always learn something from your videos, John.
    Concerning Glik v Cuniffee, I've grown weary from correcting "auditors" who misinterpret Glik v Cunniffee and are constantly saying that the U.S. SUPREME COURT has ruled that 10-feet is the distance they're allowed. First off, it wasn't a SUPREME Court case, nor did the Glik v Cuniffee ruling have anything to do with distance. It only MENTIONED that Glik was 10-feet away when he was recording.
    I estimate that I've attempted to "correct" close to a hundred or more "auditors" on their belief that
    A) Glik v Cunniffee wasn't a SUPREME Court case, and,
    B) The case didn't rule on any distance.

    In the "1st Amendment auditors" beliefs, it's one of the most misunderstood YouTube myths.

  11. What Bout the right to travel and car registration and PC for an officer to pull you over. Any good case law i can review. Thank you in advance.

  12. Thx. This is a hot topic with a lot of loose opinion being touted about, so professional discussion is a big plus on this one.

  13. Journalist ID USA oné of the things i Find unbelievable. Press passes to be able to access restricted area ie White House, I understand. But to demand press credentials in public is ridiculous.

  14. When a law enforcement agency gets a warrant for your home, business, car, etc, you are still not required to open the door. They are permitted to kick the door in to gain access though. So why, if a warrant is issued for a cell phone or other device, can a judge force you to use your face, fingerprint or password to open the device? Yes they get a warrant for the information on the device, it should be up to them to open the device up if the owner does not want to cooperate.

  15. This is great information and thank you for doing these. It would be great if you could do a similar vid about when you need to show ID. I've seen many vids about this topic but it always comes down to which State your in. Would be useful for us WV'ers. Thanks again.

  16. Funny, see no time, place or manner restriction in the first amendment. THAT is made up tripe by the traitors in the courts.

  17. The right to record is only for the press…
    The press is anyone with the means to disseminate information to the public…
    Anyone with a camera and internet access is the press…
    Anyone with a cell phone is the press.

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