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Indybay Feature

Department of Justice Warns Police Against Violating Photographers' Rights

by david hanks
Department of Justice Warns Police Against Violating Photographers' Rights
The Civil Rights Division of the US Department of Justice doesn't mince words in a May 14 letter to the Baltimore Police Department. Citizens have a constitutional right to record police carrying out their public duties, and it is illegal for police to seize and delete the recordings, the letter says. The DOJ goes on to give the BPD a blueprint for re-writing its policies regarding journalists or citizens recording police activities.

The letter, posted on the DOJ web site, could be a powerful tool for photographers (or citizens) who are harassed or arrested anywhere in the country for photographing police activities. It says exactly what National Press Photographers Associations, the ACLU, and others have long argued--one painstaking case at a time--about citizens' right to record police activities.

"Private individuals have a First Amendment right to record police officers in the public discharge of their duties," the DOJ writes to the Baltimore police. The letter continues, "[O]fficers violate individuals’ Fourth and Fourteenth Amendment rights when they seize and destroy such recordings without a warrant or due process."

Read the entire article on PDN:
http://www.pdnonline.com/news/Department-of-Justic-5735.shtml
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