First Amendment Protects Posting of Unlawful Video
An important decision of First Amendment and Internet law came down today from the 1st U.S. Circuit Court of Appeals: Jean v. Massachusetts State Police. The court ruled that the First Amendment prevents law enforcement officials from interfering with an individual's Internet posting of an audio and video recording of an arrest and warrantless search of a private residence, even though the individual had reason to know the recording was made illegally.
The case involves Mary T. Jean, a Worcester political activist who maintained a Web site critical of former Worcester District Attorney John Conte. In October 2005, Paul Pechonis contacted Jean through her Web site. He said that on Sept. 29, eight armed State Police troopers arrested him in his home on a misdemeanor charge. After handcuffing him at his front door, the officers conducted a warrantless search of his entire house. A motion-activated "nanny cam" caught the incident on tape. Pechonis gave a copy of the tape to Jean, who posted it on her Web site.
After State Police officers learned of the posting, they wrote to Jean telling her that her posting of the tape was illegal. They gave her 48 hours to take it down or face prosecution. A month later, the police "clarified" the previous letter to demand that she take down only the audio portion of the recording.
Citing the First Amendment, Jean went to federal court seeking a TRO and an injunction against the police and the attorney general. The district court granted the TRO and, after a hearing, entered a preliminary injunction. The police appealed.
In today's decision, the 1st Circuit affirmed the district court, relying on Bartnicki v. Vopper, 532 U.S. 514 (2001), a case in which the Supreme Court found that the First Amendment protected the replaying of an intercepted cell phone conversation concerning a matter of unquestionable public concern, when, although the interception was unlawful, the possessor of the tape obtained it lawfully. That precedent controlled here, the circuit court said:
The case involves Mary T. Jean, a Worcester political activist who maintained a Web site critical of former Worcester District Attorney John Conte. In October 2005, Paul Pechonis contacted Jean through her Web site. He said that on Sept. 29, eight armed State Police troopers arrested him in his home on a misdemeanor charge. After handcuffing him at his front door, the officers conducted a warrantless search of his entire house. A motion-activated "nanny cam" caught the incident on tape. Pechonis gave a copy of the tape to Jean, who posted it on her Web site.
After State Police officers learned of the posting, they wrote to Jean telling her that her posting of the tape was illegal. They gave her 48 hours to take it down or face prosecution. A month later, the police "clarified" the previous letter to demand that she take down only the audio portion of the recording.
Citing the First Amendment, Jean went to federal court seeking a TRO and an injunction against the police and the attorney general. The district court granted the TRO and, after a hearing, entered a preliminary injunction. The police appealed.
In today's decision, the 1st Circuit affirmed the district court, relying on Bartnicki v. Vopper, 532 U.S. 514 (2001), a case in which the Supreme Court found that the First Amendment protected the replaying of an intercepted cell phone conversation concerning a matter of unquestionable public concern, when, although the interception was unlawful, the possessor of the tape obtained it lawfully. That precedent controlled here, the circuit court said:
"We conclude that the government interests in preserving privacy and deterring illegal interceptions are less compelling in this case than in Bartnicki, and Jean’s circumstances are otherwise materially indistinguishable from those of the defendants in Bartnicki, whose publication of an illegally intercepted tape was protected by the First Amendment. Jean's publication of the recording on her website is thus entitled to the same First Amendment protection."
Labels: First Amendment
posted by Robert Ambrogi at 4:04 PM
4 Comments:
TRY TO BE MAN ENOUGH TO LEAVE THIS POST UP.
AMERICAN COPS ARE DOING EVERYTHING THE COMMUNIST COPS ONCE DID: http://chickenshitwellsandelko.blogspot.com
I can prove secret ex parte conferences about a civil matter with a federal magistrate. what should I do? I've been threatened with defamation and prosecution for complaining about this
You've got a very tough decision as to where to go with this, because Federal judges are so powerful, who will police them, or even try? But seems to me you have to go to court and try to complain directly. The lawyer or other party who was talking to the judge improperly may be subject to Bar discipline, and if so, may want to deal, since he/she hopefully can not count on the same protections a judge will get.
We got laptops in school, which included a web cam. During class my friend and I took a video of us making funny faces. I posted that on my youtube account. The next day I got in trouble at school (two days of in-school suspension) because my teacher's voice was in the background, and I didn't have her permission to put it on the internet. She said that what I did was illegal, is that true?
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