March 27th, 2012 by Alicia Calzada and tagged Arrest, boston commons, first amendment, journalism, photographers, photography, photojournalism, photojournalist, police, police relations, recording, right to record, simon glik, video
The Boston Globe is reporting that the City of Boston has paid $170,000 to settle a civil rights lawsuit filed against them after they arrested a man for photographing police activity on the Boston Commons.
The underlying case was the subject of an earlier appellate ruling which held that “peaceful recording of an arrest in a public space that does not interfere with the police officers’ performance of their duties is not reasonably subject to limitation.” Glik v. Cunniffe, 655 F.3d 78, 84 (1st Cir. 2011).
The case began over four years ago, when Simon Glik was walking past the Boston Commons and noticed three police officers arresting a man. An attorney who believed that the officers might be using excessive force, Glik began recording with his cell phone. Police arrested Glik and charged him with, among other things, violations of the wiretap statute. All charges against him were either dropped or dismissed and Glik filed a federal suit alleging that officers violated his civil rights. The officers argued official qualified immunity but the court denied it, and an appellate court upheld the ruling, holding that “a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.” Glik v. Cunniffe, 655 F.3d 78, 85 (1st Cir. 2011).
The Boston Police Department initially defended the officers and in 2008 issued a memo stating that the two officers involved did nothing wrong, but back in January the department stated that the two officers would face discipline and used “ureasonable judgment,” according to the Globe.
Read an earlier NPPA post on the First Circuit decision of Glik v. Cunniffe.
Posted in Boston Police, Cameras, cell phone cameras, First Amendment, Massachusetts ACLU, Newsgathering, Photographers' Rights, photojournalism, Police, Recording, Recording Police, video cameras, Wiretap Law | 75 Comments »