Police Intimidation Watch: Boston to Pay $170K for Wrongful Arrest of Videographer

Posted by on Wednesday March 28, 2012 | Photojournalism

The City of Boston has agreed to pay $170,000 to settle a civil lawsuit for the wrongful arrest of a man for videotaping police as they arrested another man on the Boston Common in 2007.

The settlement, announced yesterday of the American Civil Liberties Union of Massachusetts, resulted from a federal court ruling that the First Amendment protects the right to record police carrying out their duties in a public place. That ruling, issued last August by the US Court of Appeals in Boston, is binding only in New England (excluding Connecticut) and Puerto Rico, where the court has jurisdiction. (Glik v. Cunniffe 655 F.3d 78 (2011))

“[B]ut its persuasive reasoning has been cited by courts and lawyers nationwide facing the recurrent issue of police arresting people for filming them,” the ACLU asserts.

Police have arrested citizens in several states for video taping them, on the grounds that wiretapping statutes in those states prohibit recording anyone without their consent.

“The law had been clear for years that openly recording a video is not a crime,” said Simon Glik, the plaintiff in the Boston case, in the ACLU announcement.

Glik, who is an attorney, was arrested in October, 2007 after he saw police arresting a teenager on the Boston Common, and began making a video of the arrest with his cell phone. Police arrested Glik on criminal charges of illegal wiretapping and disturbing the peace.

After the charges were dismissed, Glik sued the City of Boston on the grounds that Boston police had violated his civil rights. In addition to finding that Glik’s First Amendment rights had been violated, the US Court of Appeals ruled that his Fourth Amendment rights had also be violated on the grounds of wrongful arrest.

Related:
Police Intimidation Watch: Beating a Photojournalist on a Lisbon Street
A Sign of Restive Times: Policeman Punches Photojournalist


COMMENTS

MORE POSTS

Josef Koudelka Documentary Film Offers Intimate Portrait of the Famed Photographer

Posted by on Monday July 25, 2016 | Fine Art, Photojournalism

What would it be like to assist Josef Koudelka? What could an assistant learn simply by observing and helping the legendary Czech photographer? Koudelka Shooting Holy Land, a new documentary film making its U.S. debut today at the San Francisco Jewish Film Festival (and showing again this Sunday, July 31), gives viewers an opportunity to... More

“Deliberate Attack” Killed Marie Colvin and Remi Ochlik in Syria, Says Photographer Paul Conroy

Posted by on Tuesday July 12, 2016 | Copyright/Legal, Photojournalism

The sister of deceased American journalist Marie Colvin has filed a civil lawsuit in U.S. district court in Washington D.C. against the state of Syria, alleging that Colvin was deliberately targeted for extrajudicial killing by the regime of Syrian President Bashar al-Assad. The 2012 artillery attack on a media center in Homs killed Colvin, 56,... More

LOOK3: Chris Morris on Shooting War, Fashion and Politics

Posted by on Thursday June 23, 2016 | Fashion, Photojournalism

The candid conversation between Christopher Morris and MaryAnne Golon at the LOOK3 Festival of the Photograph in Charlottesville, Viriginia, highlighted the varied paths Morris’s career has taken, from documenting conflict and politics to shooting fashion, and the struggles photographers face in a changing industry. Morris, a founding member of the VII photo agency and contract... More