WWL>Topics>>Think Tank 1210pm, Videoing Police

Think Tank 1210pm, Videoing Police

Feb 29, 2016|

Do you have the right to video police? A federal judge says we can’t video tape cops. So, government can video tape us virtually everywhere but we can’t tape them. Does that kinda feel like “big brother?" This hours guest: Adam Bates - Policy Analyst, Cato's Project on Criminal Justice Brentin Mock - Writer, The Atlantic's CityLab

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Automatically Generated Transcript (may not be 100% accurate)

We certainly didn't plan effective way above we've had three dollars. For a consider religion over fraud and and rule of law and your name was sort of deter agricultural and dog about Eric Holder of former have just department of law enforcement in this country. Now that he's no longer than it had come and sing the collapse of one liberal you shouldn't be. Supplies it is a number one drug we should we should make it number three. Make remarkable minor. And then we had. The virtually V owners Serpa WW. Will be June panther. Civic groups. Aligned. You'd tune to former organization parred crime all on for now. Talking about a series of and a detailed television is who and what their funding no funding and our. So you didn't are some problems where he would go on and over the you've probably three at least three shows on and you did you need leafs. When there's stopping you wind up stopping when you're involved audio. And the answer we got across the board blogs yeah apps you can. But the growth of the world Joseph in Pennsylvania Lynn three and we've read last week. Ruled that two people recording please attribute with a mobile mobile phones. Had no First Amendment right to do and so beat call outs. They were not X and protests and the police. And that's a little confusing and so we go to their church like in get out of eats. Policy analyst kid whose project on criminal justice Adam walking short appreciated. So maybe with the taxes federal drugs won't judge granted. Saying no. You can't video please. On lists your ex listen league pro Tibetan please call me. I'm gonna at. You know it was. That episode that is in the eastern district of Pennsylvania which includes Philadelphia and and federal judge currently rule. That because. These people want one according protests that according someone being rested and cracking protest and another. Like this guy was just walking down the sidewalk and he saw one of police going into outs and thought would be cool picture video. But yet the judge ruled that since days since they were just stating that they weren't doing anything to permanently challenger could decide the police that they they will not engaging in expressive conduct that would be protected by the First Amendment. So he ruled that they. They have video recording of police was not protected at all which. And for Kato was is that the power that have been going between. Civil liberties people way and it's generally or our. An agreement that this is kind of the floor and compounding. And boredom to go from god to the goal all we have to the chain or is very notes that opted for it's not downloaded over. Where word to. So be it you has been handling the case and they've announced that they will be appealing two the third circuit or federal Court of Appeals. And that is that the circuit rules. Agreed on could be appealed to the Supreme Court after that. And if they don't who grew with the judge is a dead in or rule where at. I want to pass it it. Depend on the circuit would say it but yet the circuit like several other circuits. The first hit seven night head to the majority consensus among the political Circuit Court that you the First Amendment protects your right to a that don't police and public. And yet so that circuit agrees with wicked sisters circuit then. They inject cronies ruling will be oh in the third circuit world will return to. That being protected by the First Amendment. Our own Dick breaker to be you know ten minutes or were with them from page policy and lose his group project criminal justice. How to move we come back. Probably don't quite Zimbabwe has skewed based on this one. I actually drew ruling if you're hot today you knew he believes doing whatever. And you simply saying. Whatever you doing I've protests. I agree or you covered. Alberta Abdel questions comments we've got the other expert to secure one celebrity double. I agree with the rule will we your daily double of the open Jun mar opinion poll and we as Q do you think you're right to videotape police 73%. Of you said. Of course I needed to bunt. Africa it's problems. Federal judge invincible and ruled to be people who weren't were recording police activity for the mobile phone. Did not have bumpers amendment right to do and so. But the giants of the reason is that we're not explicitly. Pro testing in the thing the police were doing. Adam bigs in what groups applaud policy analyst kindled project on criminal justice. Adam probably shouldn't that question but does this. Suggests that if you simply said day whatever you're doing number protests and he would or I'm protests in the way you're kicking in that Bork. You'd be covered by the First Amendment right. If you live in Eastern Pennsylvania. And Philadelphia then and yet there's growing use you should you're going to report police you should make some statement on camera preferably good that you are challenging are criticizing what the police are doing anywhere else in the country. Might in my view against that because some police might consider that mechanism and that back bank and actually be a mark against you. When you record police so what's a little about part of the strangeness of this ruling that it it seems to be incentivizing people to issue challenges to law enforcement which. You know a lot of a lot of judges would consider that a bad thing. Under on the crew wall littlest forget Pennsylvania ruling for a a moment. Theory is there's something that defines. You weren't challenging the police who you were aggravating them more Europe. Interfering with no words with the lord regional most of those carting her loan control and so on debit poll thing. That we can videotape the please. It is or something in there where they can go well or hydraulic core attitude and. Well we got that we can't distinguish between now what the law says and then what actually happens when your on the street. What the law says it is. It straight it is pretty reasonable if you can't you obviously can't physically interfere with the investigation you have to give the police have reasonable distance so they can do their jobs. And things like that but in the situation described which is police officers. Like you're like that the film mean. The law in these cases can escalate from there blood under the law. One is not physically and hearing your still giving the police an opportunity to do jobs you're within your rights amendment. All right no question totally honored though the subject and you don't have moved on to this Napoleon stand. But go away as seniors in this program. We've we called think because. Subject Toby important thing and then we intend to do his room. What I say that you are conservatives love liberal just trying do gathered the best information. And I did disprove and on my opinions on regular brake issues. But girl the last two or three years 11 thing keeps cropping up wind when it's not a being part of this subject. When it comes to ball when we come to please when we couldn't prosecution number one. They just BC bank. Hold on wells forgo. A Citibank. All. Busted by the federal government a once not twice but a multiplicity of times. When they watched. Tens of millions of dollars. Not only includes two major drug could tell all so for terrorist groups caught. Your proof. Eric Holder was the attorney general time. And in the pros said nobody nearing nobody charge as little spying for the banks. He said will we can't do it. Because it might bring down the world financial sewage waged. A very aware of me here. Wouldn't weir is just uneducated people walking the street here's the police. Cheat their share of saying. We're working hard to prevent crime. If we have a system were billions. Can be watched through. Real Tuesday banks you name it. And we can't stop that because of my bringing the financial sued would the world from the princes and down. Do we not extrapolate that to we need that. What we've got in the way of crying. We can't afford to do waiver that or even heavily minimizes that mckinny's cents. I like should preface this by saying you know I'm an ex criminals in the financial regulations situations book but. Ma I would also say that I didn't think. I'll prohibition especially drug prohibition which is the driver and a lot of this. It is never made. Any economic sense. It doesn't make sense and humanitarian. Doesn't make sense or protecting our constitutional liberties. Why do they come at things like drug war. A certain them. How much the government can limited an extremely high demand for drugs it's an extremely lucrative. Actually it is actually because prohibition makes it's so lucrative. So what happened yet I 08 it will going. Prohibition and we have to accept that they're going to beat this level drug crime in this level money laundry because. The government simply is not equipped to snuff it out law enforcement just doesn't have that capability of doing is the even the logic of the work. Or one point accords and begin pulling realized this is not there and expertise. You do had a creative project on criminal justice. Something I've stumbled over the years I was muggy in the world it's colts syllable for pitchers. And and I Turco. Article particle that article. Talking bug on the canoe Joe's one year please take hundreds of millions and song billions. From citizens. Not charged with crime and often time to bulge her. Their own budgets because when they bought some even that they haven't been charged or they've done that the withdrawal. They give 80s70%. Of the money that feds get the brat and it becomes literally. A financial. Form of wall is are you aware is is this for Rio and if so is it isn't as some dramatic problem wouldn't come short criminal justice system. Civil at the orbiter is absolutely real. Dual were they K go on this subject enough you could do it in virtual polygamy. But yet you described correctly if if the police believe. That you're engaged in some criminal behavior usually it's drugs. Stay have the power to take what they see and be instrument how he's a criminal behavior. When I could be catching because it could be homes. And that money in property Eagles directly into law enforcement budget and most places and there is no. Why. The convicted aegis looters off. And and yet you're you're correct it billion with a B in fact in in 2015. Medical for a pitcher on. Took more money from people without going to trial. Then stole from everyone in America a year and a bit you're on record that. Happened but it is that they're going problem but at this point and there are going and it's. A civil war or children how abusive it is not violate the due process so you're starting decent push back against that the native Mexico and has abolished. Civil asset forfeiture and that certainly open I think every state should do. So what the potential good drug money makes one. Of the worldwide economic. Back bones. Where have the possibility. That our law enforcement. Attacking the very citizens that they've done nothing wrong. Four of the reason of fulfilling their budget obligations. Is our criminal justice says some hasn't always been that way and we just had no or we developing. A problem. That is no longer what breed people on the street have thought about is America and show us troops. Lot I'm a libertarian I definitely what I consider healthy skepticism. Of government power generally. But there isn't there can be no debate I don't think that sense that the drug was announced in the seventies. A lot of these problems have exacerbated that the drug war that is as compel the militarization of police forces. It's driving the policing for profit that we see which civil asset forfeiture. It's awarding a lot of these protections that we have. I it led to a drastic increase in the use of swat teams to Serbs or warrants now we're up to about 8000 a year of these one rate mostly for drugs. So yeah I hate them. Going to be problems in law enforcement you know cops are people witnessed later people people make mistakes but the drug war is is the source of immense miss Jia and and that distorting our. Constitutional system. And they'd have weekends ruled the time of people like Q we have no chance of veterans day includes word and thank you with the time I agree. It. Are covered or not we're gonna go outdoor writer with something called the Atlantic City last. Now rode through what then of boots earlier optimum come back and went and viewed the about Q I'm old enough to have been brazen jewel ranged from were we were told. You concur it's. He trusts the priest. And trusted teacher. He controls the cop. When born and raised these. You can draw some politicians because all of it is it's where the war in the gut Jules orchard shields for your draw a boy he. So you didn't sink down in the mud in the swamp. But today. And figure out whether or not it eases in social media. Where were learning all this support was instantaneously. Or if it's something that always and we know. Increased. Negative activity. Just all car. Because of social media or we're learning thing we didn't know ended that says. Hell do you crossed. Period. To answer and 0170. Common. The last two or three years it has been the subject of interest of whipped we don't Utley threw for a chose and that is can you. As a private citizen under the protection the First Amendment video. Tape leagues. Out of the oh. And the interim we've heard in every year Tom wood on the chosen on Oakland workable yeah. So you would think and somebody becomes a federal job. Pretty good chips have been a school pretty good chance that slipped the ball. Put a good chance there it's somebody that rather intelligent. So when you're really dead a given federal Georgian troops were going to last week. Roll the two people who were recording police activity with a mobile phones. Had no First Amendment right to do so we are buoyed torrent. Because they were not explicitly. Pro testing the police. At least in the an educated brain ever Dutton said soon. Lived in the consent so as always. To better and certainly we go to the electors shall lucky enough to give Britain's Mark Rudd report of the Atlantic City who led Britain. Or from the shore Pritchard call. There are before we get started landed Sydney lab what is. Or February do very quickly be. The big urban of them channels are channel for the Atlantic magazine poll Anadarko solely focused squarely of citizens and. We we use the Atlantic. Or over your body suit says subject matter for the show what do you make of this. The big do you talk to the experts are they surprised that this is embodied in the schools. Further corrupted the Supreme Court bored bored of the arts. Yeah America spoke group Mary Catherine roper. Who was one of the attorneys. Dormitory in question. And. You know boarded the attorneys for the people charts. Yep for the for the for those who are. Between people who said brought but he also. Against the police but it would build via. And merit yet seems pretty Smart about it muted you know improper as a turning the BOU. The dignity. Wu warned of a series history to. They are you brought then in Philadelphia, Pennsylvania where they've been trek game. Basically how police responded to you know people who charred some. Our core of him and monitor them. Some kind of way it and and a particular ruling was. To kind of I don't know ad hominem. Memo from the it's where do wanted to look specifically at. What practical point of whether. There was the First Amendment protection to to take photographs of police. You know they had you know he whispered to completely. You know combat and in many deputies for the they were going to appeal it. I'm sort of there are other people put themselves several well. There have been in the Euro legally sort of for the BE COU roots or anybody you know. Answered the question led to let's say we goal with the federal judge's decision as zoos. Doug's deed. The ruling. Means that that if you see police say. Knocking the door down of a resident. And you Holler at them I really don't like your uniform. The jury explicitly. Pro testing something and therefore you can videotape. Our it would do what. Airport there are goods there are rule. They couldn't do this because we're we're not explicitly. Pro status in the les. If while videotaping them can you. Just yell out something that some kind of protest. In. Legally bidding good news is in but economy. We don't know. You know it would work to rule on the brink of men. So. You bring it mapped out the skating day. You know the Euro questions that we. About you know what. While. You know what the code of conduct the First Amendment protected. Beats down you know like you have the peace. You know the police that the coaches. Does that count the qualifying. You know challenge you know if you mean in February on the radio put the prevent follow him in that we don't know on the equipment to our rules. What we charted put him in the current oh beats. But acquitted what what are expressive conduct which do. Beats and he needed repair that the actual clicking of camera. Duplicate photos of Mac and a and so by itself. Armed considered speech you know so. Who army so it is a inaudible open ended question does that Spiller and so. Well questions via video deal does this school further is there an appeals court chooses heading to. Any chance of going all the with a friend court or is it. My words ridiculous and up to I get repealed and draw. Oracle do do. Or broke open a bit of it. You know the look we wouldn't appeals court interestingly. There bill you know images of animals on C. Reported out in so it is federal Circuit Court had. Clearly that was its right right clearly established right sort of deliberate police. The Supreme Court Avago Asia. So you know basically slept on the part to interpret whether it is the First Amendment paying it and he did you know these interpreted. The department. Activity. But you are the only two. To currently before and so in division he cites arbitrate. In his memo where should have come and basically other steps. Just chose not to. Answered the questions. Will be the first morning try to answer the question and that is what we. There. Very interesting Brendan funeral mullah W reserved the broad and to give you Paula we'll call them that renders them that. If more rulings are made thank you so mode for the time in particular the expertise. A good day all right coming right imported dog chews a juror 170. Is already of the with the legal system were judge and room. Really protest thing you'd you can. Mean recorded. And that's a broad covering large shoes say water like portrait to. Double up. Above final thoughts on that thing tech guard Alberto VO project board opinion poll are you thinking of the right to the newspaper pleased over the years it's. The courier were done any number of shows on the than mantra is always an unqualified. Yes. And when we ask the cushion 83%. Review then of course yes. Oh the oh sure we did you just shall induced you can look at Upton and projectors so. Oh last week of federal in a jar of eight federal drug and film appearances and actually you don't. If you ports to a set politically pro tennis than the police. It's me and technical options he said appeared to have that you taping midst and three does not condemn some of the war. Up from somebody in the street if you've been outed him. That should not block followed according to his job. But what he's saying it is a pure protests in the and so. My question to both of our experts would one did know when the album it's you would assume that would be the case. If you say I don't like the combat booed troop wearing they look mean. Your protests and contribute. But we've all that said you can be guaranteed. That its integral part cord. And if it's locked down I think it moves that will be. Could grow and reimport. And the acquittal thought. Move grown up and museum. Very red very conservative state and and for mileage and it's always in the but I am back can I took a look at all have Republican changed if at all. When it comes to drugs they give me acquittal on broad view here. Mrs. president Ronald Reagan 1982 X quote. We wrote you shall lead drug users blame their break eighty bureau on others virtual. This year governor Crist christening not exactly the most. Retiring wall hour. He doubted record keeping drug abusers. Of Judy. Since disease not a moral failing that surging or Irwin addictive drug Grohl. On the floor of the county lockup these I'm pro life. For her life. And we've got that the Lugo president George W. Bush. 2002 million or was sick about it you're buying illegal drugs in America it's likely. The money is gonna end up in the hands of terrorist organizations. Governor Jeb Bush this year. We knew it to a limited to statements and barriers. Where they're not embarrassed to say via an illness and their turn now on the road to recovery. At a very interest and true round of Leeb are re clear your. Corley utopia arena. We do new crumbled just sort of reform it is clearly not working when it comes to drugs. So even on the conservative side. There seems to be a turn towards. Drug boards not working. And go back and rule Olmert and compare those and and there. If god conclusively or instruction. Coming right back up via. But it excludes couldn't talk about the big role in global glide of build four Super Tuesday. And ask you will crumpled for a federal will be a weekend that close again that in more common object. Well negated celebrity in my own 53. Of them have big rig day.