From Naomi Gilens, Legal Administrative Assistant, ACLU Speech, Privacy and Technology Project
Under the First Amendment, Americans have the right to observe and record members of the police force in the public discharge of their duties. Conversely, the NYPD’s right to conduct photo and video surveillance on citizens engaging in lawful protest is limited, with very few exceptions, to circumstances in which “it reasonably appears that unlawful conduct is about to occur, is occurring, or has occurred.”
As a report released today by the New York Civil Liberties Union starkly illustrates, though, these rules bear little relation to what is actually happening. Police continue to subject photographers to harassment, injury, and arrest. In July, an activist (and friend of mine) found that videotaping police stop and frisks had landed him on a “Wanted”-style police poster featuring his full name, photograph, and home address. The following week, a photographer attempting to document an arrest was flung violently over a stone bench several times, pinned down by a knee on the back of his neck, and arrested.
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