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

Nature Conservancy’s Melissa Ryan on Making Impact with Conservation Photos

Posted by on Friday April 28, 2017 | Photojournalism

Melissa Ryan, director of photography at Nature Conservancy magazine, says that in order to create more powerful messages for conservation, photographers have to engage and collaborate more with the communities affected. That will be the subject of her talk at Collaborations for Cause 2017 in Seattle, where she will be one of several featured speakers.... More

Outside Mag Puts Photojournalist Erin Trieb on Women’s Issue Cover

Posted by on Thursday April 20, 2017 | Photojournalism

Outside magazine is celebrating its 40th anniversary in May with an issue devoted to “The New Icons” of adventure, a group of ten women that includes American photojournalist Erin Grace Trieb. Among the women featured alongside Trieb on the cover of Outside’s May issue are retired U.S. soccer player Abby Wambach, champion skier Lindsey Vonn, endurance... More

Sarah Blesener Wins the $20K Alexia Foundation Professional Grant

Posted by on Wednesday April 12, 2017 | Awards/Contests/Grants, Photojournalism

New York-based photographer Sarah Blesener has won the $20,000 Professional Grant from the Alexia Foundation for her series “Toy Soldiers,“ which documents youth patriotic clubs, education and summer camps in Russia. Blesener, a recent graduate of the International Center of Photography and recipient of the Alexia Student Award in 2016, will use the funds to photograph rising... More