Comments on: Massachusetts police arrest man for videotaping them “without consent” http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/ It's a First Amendment Right Tue, 07 Sep 2010 04:55:46 +0000 hourly 1 By: Carlos Miller http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-5015 Carlos Miller Fri, 06 Feb 2009 04:28:48 +0000 http://carlosmiller.com/?p=1495#comment-5015 Vicki, Do you have a lawyer? Vicki,

Do you have a lawyer?

]]> By: Someone http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-4847 Someone Tue, 03 Feb 2009 12:34:15 +0000 http://carlosmiller.com/?p=1495#comment-4847 additionally, I did get his consent, but it didn't record the consent... so now what? additionally, I did get his consent, but it didn’t record the consent… so now what?

]]> By: Vicki http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-4846 Vicki Tue, 03 Feb 2009 12:32:52 +0000 http://carlosmiller.com/?p=1495#comment-4846 I am being threatened by my ex-husband, because he wants to sue me and press charges stating I violated Florida's anti wiretapping law. Florida is a two party state. The issue arose when he accused me of forging court documents. I had to provide a response to the courts, in my response, I advised the judge I had a recording of a phone conversation him and I had. Now, it only is 2 sentences and doesn't incriminate him, but helps my case in proving I'm innoncent. I'm not sure what to expect legally. I'm a law abiding citizen and do not think he should be able to sue me, when I felt I needed to for my own good, and it turns out I was right, I did need it recorded. I am being threatened by my ex-husband, because he wants to sue me and press charges stating I violated Florida’s anti wiretapping law. Florida is a two party state. The issue arose when he accused me of forging court documents. I had to provide a response to the courts, in my response, I advised the judge I had a recording of a phone conversation him and I had. Now, it only is 2 sentences and doesn’t incriminate him, but helps my case in proving I’m innoncent. I’m not sure what to expect legally. I’m a law abiding citizen and do not think he should be able to sue me, when I felt I needed to for my own good, and it turns out I was right, I did need it recorded.

]]> By: Carlos Miller http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-4793 Carlos Miller Mon, 02 Feb 2009 20:58:16 +0000 http://carlosmiller.com/?p=1495#comment-4793 That's a good question, Caroline. I would say, yes, of course he can be videotaped but we all know students are not entitled to the same First Amendment rights as adults are. And I really don't understand how they could use "intellectual property laws" to justify forbidding anyone else from filming the speaker. Especially if an event is considered "news" as I imagine this would be. A commercial shoot might be different. Intellectual property laws usually means a person owns their own content but I've never heard it meaning they can forbid other people from filming the same footage. I've heard wedding photographers who make their clients sign an agreement that no other photographer will be photographing the wedding, but this usually means other professional photographers. How can they stop Aunt May for taking snapshots with her point and shoot? So I would be interested in hearing what the attorneys have to say on this one. That’s a good question, Caroline.

I would say, yes, of course he can be videotaped but we all know students are not entitled to the same First Amendment rights as adults are.

And I really don’t understand how they could use “intellectual property laws” to justify forbidding anyone else from filming the speaker.

Especially if an event is considered “news” as I imagine this would be.

A commercial shoot might be different.

Intellectual property laws usually means a person owns their own content but I’ve never heard it meaning they can forbid other people from filming the same footage.

I’ve heard wedding photographers who make their clients sign an agreement that no other photographer will be photographing the wedding, but this usually means other professional photographers.

How can they stop Aunt May for taking snapshots with her point and shoot?

So I would be interested in hearing what the attorneys have to say on this one.

]]> By: John http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-4791 John Mon, 02 Feb 2009 20:19:02 +0000 http://carlosmiller.com/?p=1495#comment-4791 Not a lawyer but it seems that 1) your agreement not to be videotaped is with the school and not the kids 2)the kids would need to sign this agreement and finally... 3) I don't believe kids (under 18) can even make a legal contract because they are minors. You can make a contract with them but you are the only one held to its terms - they can breach at any time without repercussions. But lets see...where my lawyers at? Not a lawyer but it seems that

1) your agreement not to be videotaped is with the school and not the kids
2)the kids would need to sign this agreement
and finally…
3) I don’t believe kids (under 18) can even make a legal contract because they are minors. You can make a contract with them but you are the only one held to its terms – they can breach at any time without repercussions.

But lets see…where my lawyers at?

]]> By: Caroline http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-4789 Caroline Mon, 02 Feb 2009 19:23:19 +0000 http://carlosmiller.com/?p=1495#comment-4789 I have a question. If a public speaker comes to a public school can he be videotaped without his permission? I include cell phone pictures in this question. If there was an agreement with the school that only the speaker could videotape due to intellectual property laws, would this be binding, particularly if it was in writing? I have a question. If a public speaker comes to a public school can he be videotaped without his permission? I include cell phone pictures in this question.

If there was an agreement with the school that only the speaker could videotape due to intellectual property laws, would this be binding, particularly if it was in writing?

]]> By: Cody http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-3153 Cody Mon, 08 Dec 2008 21:03:42 +0000 http://carlosmiller.com/?p=1495#comment-3153 Honestly, when the police told you to not take photographs of them, why didn't you? I understand the face that you think you have the "legal right" to do so, but you were asking to be arrested for such a dumb reason. If somebody was taking pictures of you and you asked them to stop and they refused, wouldn't you be frustrated? And if you wouldn't care, I speak for many who do care...who want privacy. Come on. Honestly, when the police told you to not take photographs of them, why didn’t you? I understand the face that you think you have the “legal right” to do so, but you were asking to be arrested for such a dumb reason. If somebody was taking pictures of you and you asked them to stop and they refused, wouldn’t you be frustrated? And if you wouldn’t care, I speak for many who do care…who want privacy. Come on.

]]> By: Mr. Mullen http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-2725 Mr. Mullen Mon, 20 Oct 2008 20:28:29 +0000 http://carlosmiller.com/?p=1495#comment-2725 These laws were passed in most cases to keep pervert's from secretly video taping women in their apartment's.Public bathroom's and to prosecute dirtbag's who try to get those "upskirt" videos of women on the street or on escalators, it was never meant for the reason these police officers are enforcing it. These laws were passed in most cases to keep pervert’s from secretly video taping women in their apartment’s.Public bathroom’s and to prosecute dirtbag’s who try to get those “upskirt” videos of women on the street or on escalators, it was never meant for the reason these police officers are enforcing it.

]]> By: Keith Skinner http://carlosmiller.com/2008/10/03/cops-arrest-man-for-videotaping-them-against-their-wishes/#comment-2674 Keith Skinner Wed, 15 Oct 2008 04:35:28 +0000 http://carlosmiller.com/?p=1495#comment-2674 Robinson V Fetterman is still the most valid case law for this type of abuse of power. I'm involved in civil action now against a Sheriff and three Deputies concerning similar conditions. The first poster is correct, they can pass and enforce anything they wish, whether it has the ability to stand up to State or Federal Court scrutiny is another story entirely. I have vowed not to take any out of court settlements in my case for the simple fact I want it to be heard by a Federal Judge in a Federal Court and made a part of the public record! To take a settlement would be allowing them to continue this conduct unfettered! That is the way these laws remain enforceable at local levels in many cases. Robinson V Fetterman is still the most valid case law for this type of abuse of power.
I’m involved in civil action now against a Sheriff and three Deputies concerning similar conditions.

The first poster is correct, they can pass and enforce anything they wish, whether it has the ability to stand up to State or Federal Court scrutiny is another story entirely.

I have vowed not to take any out of court settlements in my case for the simple fact I want it to be heard by a Federal Judge in a Federal Court and made a part of the public record! To take a settlement would be allowing them to continue this conduct unfettered! That is the way these laws remain enforceable at local levels in many cases.

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