Archived posting to the Leica Users Group, 2012/08/06
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]This hypothetical situation is both specific continued harassment on the part of the law enforcement officer as well as not a journalistic case. Law enforcement does have the right and responsibility to prevent riots as well. Speech is not protected if it is meant to incite riot. Phil Forrest On Mon, 6 Aug 2012 16:49:36 -0400 Ric Carter <ricc at embarqmail.com> wrote: > Imagine: > > A policeman wanting to prevent a riot follows an individual around > and hits him in the face with a stick or tear gasses or restrains him > every time he attempts to speak in public. > > He takes the cop (LEO) to court. > > The court finds that the cop acted improperly. > > The policeman wanting to prevent a riot follows the individual around > and hits him in the face with a stick or tear gasses or restrains him > every time he attempts to speak in public. > > He takes the cop (LEO) to court. > > The court finds that the cop acted improperly. > > Repeat ad infinitum. > > The would be speaker has not been denied his freedom of speech since > the court found in his favor and we have "robust justice system"? > > I can also understand the position of LEOs who want to do what they > want to do. > > Better discipline WITHIN agencies is an issue which needs dealing > with--call it education if you wish. > > ric > > > > > On Aug 6, 2012, at 3:24 PM, Phil Forrest wrote: > > > This will continue because there has been no case that has appealed > > to a higher court and no court that is willing to try a case that > > deals with rights we already have specifically enumerated in both > > state and US Constitutions. > >> From a law enforcement point of view, this is an obstruction of > >> justice > > matter. From a press point of view it is a First Amendment matter. > > As long as we have a robust justice system that respects the First > > Amendment we are protected. We are NOT specifically protected from > > harassment by law enforcement if the issue is a law enforcement one. > > If cases like these were to go to a higher court there is the risk > > of our rights being further restricted so as long as we have a > > right to appeal the obstruction of justice charges and get them > > dropped (and every one has been dropped in the city of New York) > > our system is working. The only thing that might help would be more > > training for law enforcement officers. > >> From my point of view, as someone who has worked in law enforcement > > with the Navy, I completely understand the position of LEOs who are > > wanting to remove all variables from a tense, possibly violent and > > dangerous situation. Sometimes the press doesn't need closer access > > to some scenes due to danger and the dynamic environment. A > > journalist is also a person that the LEOs must protect in such > > situations so the further complication detracts from them doing > > their job. These are always cases with lots of nuance and the press > > is usually very quick to point fingers at law enforcement but the > > law enforcement point of view in-situ is never known but should be > > considered before the LEO is condemned. > > > > Phil Forrest > > > > > > > > On Mon, 06 Aug 2012 13:51:53 -0400 > > Mark Rabiner <mark at rabinergroup.com> wrote: > > > >> http://www.nytimes.com/2012/08/06/nyregion/robert-stolarik-times-photographe > >> r-is-arrested-while-on-assignment-in-the-bronx.html?_r=1&nl=nyregion&emc=edi > >> t_ur_20120806 or > >> > >> http://tinyurl.com/d3mkqbz > >> > >> > >> Not good news. > >> > >> > >> > >> > >> Mark William Rabiner > >> > >> > >> > >> _______________________________________________ > >> Leica Users Group. > >> See http://leica-users.org/mailman/listinfo/lug for more > >> information > > > > > > > > -- > > http://philipforrestphoto.wordpress.com/ > > http://gallery.leica-users.org/v/philforrest > > > > _______________________________________________ > > Leica Users Group. > > See http://leica-users.org/mailman/listinfo/lug for more information > > > _______________________________________________ > Leica Users Group. > See http://leica-users.org/mailman/listinfo/lug for more information -- http://philipforrestphoto.wordpress.com/ http://gallery.leica-users.org/v/philforrest