Constituents Camaras and Cellphones Confiscated by LEO's

paullud

Veteran Expediter
There is nothing in the constitution that gives anyone the right to video tape anyone else.There is nothing in the constitution that says anyone public or private can not ban the use of video recording equipment in public mettings.For the most part when it comes to this issue the federal government leaves it up to the states to decide the laws on this.I will post the link again in the state of OHIO what this congressman did is LEGAL like it or not.


Recording Public Meetings and Court Hearings | Citizen Media Law Project

Ohio Recording Law | Citizen Media Law Project


It does not matter if it is a public metting or not the people who hold the meeting are the ones who get to make the rules like it or not.Even if you want to admit it or not by allowing the media to be there and record the meeting he takes away any argument that he violated any open meeting laws.

The paragraph below says there isn't a specific law pertaining to public meetings but it says that being in public means you can be recorded. The group had the recording devices in the open as they should have so that it was known that he was being recorded. The other issue is that there was an unlawful seizure of property.

"Even when no state open meetings law affirmatively gives you the right to record, many state statutes permit the recording of speeches and conversations that take place where the parties may reasonably expect to be recorded. If you are attending a meeting that is open to the public, it is likely that the people running a meeting or giving a speech should reasonably assume that they might be recorded. However, you should always take reasonable steps to make clear that you are recording. Concealing your camera or recording equipment is not a good idea."

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AMonger

Veteran Expediter
Nothing in the constitution addresses the rights to privacy, that comes from either laws that have been enacted or court decisions. I have the right to video tape activity around my home for my safety, however I can't point the camera in the direction of my neighbor and record their activity, my safety doesn't trump their privacy.
You have that precisely backwards, and every court precedent backs that up. ANYONE may tape ANYONE ELSE in public. The supreme court has ruled that, in public, you have no reasonable expectation of privacy. So, walking down the street, in your yard that's in plain view of the street, or IN A MEETING THAT'S OPEN TO THE PUBLIC, you may be recorded.

There are currently cases going on in which the government is testing these rules, such as Massachusetts and Illinois (two states widely renowned for their freedom [eye roll]), in which the state is claiming that cops can't be recorded, but last I heard, their claim is that it's SECRET recording that they're calling wiretapping, a claim that's ludicrous on its face, but not even the issue here, seeing as they were recording openly, in front of everybody.
 

greg334

Veteran Expediter
Yep I did say it backwards so I should have said it a bit differently to make a clear point.

My point is that the constitution doesn't address the use of cameras or recording devices, that has come through the courts and laws.

My right to record public activity around my house, say the cops beating some one on the street is a right I have but if I turn the camera on my neighbors window, that is not my right.
 

tbubster

Seasoned Expediter
The paragraph below says there isn't a specific law pertaining to public meetings but it says that being in public means you can be recorded. The group had the recording devices in the open as they should have so that it was known that he was being recorded. The other issue is that there was an unlawful seizure of property.

"Even when no state open meetings law affirmatively gives you the right to record, many state statutes permit the recording of speeches and conversations that take place where the parties may reasonably expect to be recorded. If you are attending a meeting that is open to the public, it is likely that the people running a meeting or giving a speech should reasonably assume that they might be recorded. However, you should always take reasonable steps to make clear that you are recording. Concealing your camera or recording equipment is not a good idea."

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The first 14 words of that paragraph you quoted says it all.The first paragraph I have quoted is what Ohio laws are on recording of public meetings.


While the Ohio open records law does not specifically state whether you can use recording devices at a public meeting (i.e., a meeting of a governmental body required to be open to the public by law), the Ohio Attorney General has an issued an opinion stating that using them is permissible when it does not unduly interfere with the meeting. As a matter of practice, recording devices apparently are common in Ohio public meetings.


This one is from the paragraph on the same page as the one you quoted right above the one you quoted.

At least one court has held that there is no federal constitutional right to make a video recording of an open meeting, at least not when other methods are available for compiling a record of the proceeding, such as written and stenographic notes or audiotaping. Whiteland Woods, LLP v. Township of W. Whiteland, 193 F.3d 177 (3rd Cir. 1999). Government bodies may therefore place reasonable restrictions on the use recording devices, including a ban on certain devices, in order to preserve the orderly conduct of its meetings.

As far as the seizure goes IMHO that is kinda of a stretch.See The ban by law was legal its that simple.By chosing to go against the posted rules of the meeting They accepted the fact that their cameras would be taken away.Never mind the fact that to imply their personal property was seized also implys it was kept.It was not the camera and phone were returned when the people left.

Please dont get me wrong I am not in any way saying this was right or even smart I am just saying that it was not unconstitutional.Here is my thinking the protesters were their to cause a problem.We have all seen the videos of these town hall meetings being taken over by protesters from both sides.When this happens it really does take away from the true purpose of town hall meetings.That is the questions and answers.Its for the voting public to get a chance to hear what their representatives really have to say,not just what the news feels they should hear.There is a time and a place for political protest and inside town hall meetings is not one of them.As more and more protest are taken inside the town hall meetings we will see less and less of them.

Most U.S. House Members Not Doing Town Hall Meetings : It's All Politics : NPR

Again not saying this was right or smart.However I belive it was smarter then waiting for thing to get out of line and having security throw them out.Can you see the head lines "REPUBLICAN CONGRESSMAN HAS CONSTITUENTS THROWN OUT OF TOWN HALL MEETING FOR DISAGREEING WITH HIM"
"PROOF REPUBLICAN IN CONGRESS DONT CARE WAHT THE VOTING PUBLIC HAS TO SAY"
Matthews,Maddow,Schultz,and Olbermann would have a feild day with that one.
 

mcavoy33

Seasoned Expediter
Actually, I didn't prove your point. There are a couple of important differences in the situations.

First, in the fight against the gun bill, that was only a proposed law--a bill. Fighting against that was fighting against something that was not yet the so-called law. So civil disobedience wasn't an issue there.

How can you possibly think that because a patently unconstitutional rule (not even a so-called law) was posted, that someone violating it deserves what they get for violating it? If that were the case, no one would have any rights or recourse if their rights are violated.

My point was about being proactive & respecting thelaw & legal process as you did in your example.

If they chose to open up a dialogue prior to the meeting and let their concerns be known, then maybe the congressman's staff could have pointed out that they wereoperating under the laws or court cases that tbubster posted about.

Do you not think that being proactive and opening a dialogue would have likely resulted in ascenario wheretheir cell phones were not confiscated?
 
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