My name is Carlos Miller and I am a multimedia journalist who was arrested by Miami police after taking photos of them against their wishes, a clear violation of my First Amendment rights.
Since that arrest on Feb. 20th, 2007, I've been fighting a lengthy battle against the State of Florida to prove my innocence. Recently, a jury acquitted me of disobeying a police officer and disorderly conduct, but convicted me of resisting arrest without violence.
I am now appealing the conviction.
During the sentencing, an extremely biased judge gave me four times the amount of probation the State was seeking because he was angry that I had blogged about my case. Judge Jose L. Fernandez said he was "shocked" by my lack of remorse in this case.
But why should I show remorse for crimes I did not commit?
Click here to read more.
Their side of story
Police “escorted defendant to the middle of the street and told him to cross to the sidewalk. Defendant for the fourth time refused the verbal commands and that’s why he was arrested.” Read arrest report.
SPJ's protest letter
National leaders of the largest journalism organization in the United States have expressed their disappointment in Miami-Dade County Court Judge Jose L. Fernandez for violating my First Amendment rights.
Fernandez, as I mentioned in a previous post, gave me an extremely harsh sentence and criticized me for having blogged about my case.
Read the press release from the Society of Professional Journalists.
A legal view
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks.(more).