” From the First Circuit’s decision Friday in Gericke v. Begin (1st Cir. May 24, 2014):
This case raises an important question about an individual’s First Amendment right to film a traffic stop by a police officer. Carla Gericke attempted to film Sergeant Joseph Kelley as he was conducting a late-night traffic stop. Shortly thereafter, she was arrested and charged with several crimes, including a violation of New Hampshire’s wiretapping statute. Gericke was not brought to trial. She subsequently sued the Town of Weare, its police department, and the officers who arrested and charged her, alleging in pertinent part that the wiretapping charge constituted retaliatory prosecution in violation of her First Amendment rights….
Based on Gericke’s version of the facts, we conclude that she was exercising a clearly established First Amendment right when she attempted to film the traffic stop in the absence of a police order to stop filming or leave the area…. “
Read more from Eugene Volokh at the Washington Post
” Government officials, reacting to the growing voice of conservative news outlets, especially on the internet, are angling to curtail the media’s exemption from federal election laws governing political organizations, a potentially chilling intervention that the chairman of the Federal Election Commission is vowing to fight.
“ I think that there are impulses in the government every day to second guess and look into the editorial decisions of conservative publishers,” warned Federal Election Commission Chairman Lee E. Goodman in an interview.
“ The right has begun to break the left’s media monopoly, particularly through new media outlets like the internet, and I sense that some on the left are starting to rethink the breadth of the media exemption and internet communications,” he added.
Noting the success of sites like the Drudge Report, Goodman said that protecting conservative media, especially those on the internet, “matters to me because I see the future going to the democratization of media largely through the internet. They can compete with the big boys now, and I have seen storm clouds that the second you start to regulate them, there is at least the possibility or indeed proclivity for selective enforcement, so we need to keep the media free and the internet free.” “
The Obama administration plans to arbitrarily designate “conservative” alternate media sources as “political organizations” and thus subject them to increased regulation not forced upon those “unbiased , apolitical news sources” such as MSNBC , NY Times , et al .
Oh , the power of the State … They are quaking in their boots and must do something , anything , to maintain their stranglehold on the dissemination of the “truth” . Sounds like the USSR to us .
” Maryland state police and federal agents used a search warrant in an unrelated criminal investigation to seize the private reporting files of an award-winning former investigative journalist for The Washington Times who had exposed problems in the Homeland Security Department’s Federal Air Marshal Service.
Reporter Audrey Hudson said the investigators, who included an agent for Homeland’s Coast Guard service, took her private notes and government documents that she had obtained under the Freedom of Information Act during a predawn raid of her family home on Aug. 6.
The documents, some which chronicled her sources and her work at the Times about problems inside the Homeland Security Department, were seized under a warrant to search for unregistered firearms and a “potato gun” suspected of belonging to her husband, Paul Flanagan, a Coast Guard employee. Mr. Flanagan has not been charged with any wrongdoing since the raid.
The warrant, obtained by the Times, offered no specific permission to seize reporting notes or files.
The Washington Times said Friday it is preparing legal action to fight what it called an unwarranted intrusion on the First Amendment.”
We posted about this blatant , illegal fishing expedition yesterday . This piece offers considerably more detail than was available yesterday , including the fact the Mr Flanagan has been arrested on “gun charges” more than once , but more importantly , that Ms Hudson has been the cause of numerous governmental investigations and much embarrassment over the course of her career in DC . She is certainly an enemy of the State .
” Mrs. Hudson has been a reporter in Washington, D.C. for nearly 15 years, and covered Homeland Security for the Times after the Sept. 11, 2001, terrorist attacks through December 2009.
Her investigations have sparked numerous congressional investigations that led to laws signed by former Presidents George W. Bush and Bill Clinton. She has won numerous journalism awards for her investigations, including the prestigious Sigma Delta Chi bronze medal for public service, the Society of Professional Journalists Dateline Award in Investigative Reporting, and was nominated twice by The Times for the Pulitzer Prize.”
Another battle in the war on whistleblowers/journalists is enjoined.
” More than 1,000 pastors are planning to challenge the IRS next month by deliberately preaching politics ahead of the presidential election despite a federal ban on endorsements from the pulpit.
The defiant move, they hope, will prompt the IRS to enforce a 1954 tax code amendment that prohibits tax-exempt organizations, such as churches, from making political endorsements. Alliance Defending Freedom, which is holding the October summit, said it wants the IRS to press the matter so it can be decided in court. The group believes the law violates the First Amendment by “muzzling” preachers.
“The purpose is to make sure that the pastor — and not the IRS — decides what is said from the pulpit.”
- Erik Stanley, Alliance Defending Freedom
“The purpose is to make sure that the pastor — and not the IRS — decides what is said from the pulpit,” Erik Stanley, senior legal counsel for the group, told FoxNews.com. “It is a head-on constitutional challenge.”
More support in the works for Aaron Walker and all opposed to Brett Kimberlin , his tactics and SWATting . Michelle Malkin brings news that the American Center for Law and Justice has joined the case in support of the National Bloggers Club and Ali Akbar .
” I’ve been telling you about First Amendment lawyers working behind the scenes to help the targets of Brett Kimberlin and his online cabal.
Kudos to the ACLJ for stepping up to the plate in the face of ongoing threats and smears. Just released:
IMMEDIATE RELEASE: June 7, 2012
For Print: Gene Kapp (757) 575-9520
For Broadcast: Christy Lynn Wilson or Alison Geist (770) 813-0000
ACLJ DEFENDS FREE SPEECH IN BLOGOSPHERE – REPRESENTING TOP CONSERVATIVE BLOGGERS TARGETED FOR HARASSMENT”
The harder the progressives try the worse they seem to end up these days . There can be no doubt that Brett Kimberlin was laboring under the serious misapprehension that he could continue indefinitely to play by rules of his choosing . But such is not to be . God bless Al Gore and his internet .
For the past 18 months in Wisconsin we have observed the same phenomena unfolding wherein after each repudiation of their spendthrift ways they refuse to except defeat and try an attack from a different angle . Obamacare came about in the same kind of sneaky , underhanded backdoor way and although it represents the one solid victory the Left can claim these days , it is also the one they surely regret most of all due to its toxicity .
That toxicity is exactly the reason that perhaps we have reached that point referred to by Glenn Reynolds as a ” preference cascade “
“Pelosi told a Democratic forum held Wednesday that the Supreme Court had “unleashed a predator that was oozing slime into the political system.” “