Eve, here. It is a sad commentary on the rights that are recognized in America that a law like this should even be proposed. It is a well-known precedent that you cannot expect privacy in public places, and this includes places that are visible from the street, such as your front yard. This means that photographing or videotaping someone in these locations is similarly protected by the First Amendment.
But I like the idea of holding federal employees personally accountable. The government will likely defend them, but they will be subject to discovery as well as the stress of being involved in a lawsuit. Therefore, a chilling effect on bad behavior would be beneficial.
I’m telling you, we shouldn’t think this has a chance of passing before the midterm elections. However, assuming an intermediate period, the equation may change significantly.
By Brett Wilkins, Common Dreams staff writer. Originally published in Common Dreams
Two Democrats in Congress introduced a bill Monday that would protect federal employees’ constitutional right to legal records and open the door to civil compensation for those whose rights have been violated.
Representative Maxwell Frost of Florida and Sen. Richard Blumenthal of Connecticut introduced the Recording Rights Act, which Frost’s office says would “establish rights, including the right to record, monitor, and peacefully protest when individual law enforcement officers violate their First Amendment rights.”
“The First Amendment protects the right of government officials to assemble, protest, and record in public,” Frost said in a statement.
“That right is more important than ever. In cases like the murders of Alex Preti and Renee Good, authorities and their allies sought to paint the victims as a threat, even though the evidence shows otherwise,” he said, referring to the two people shot and killed during the Department of Homeland Security’s (DHS) anti-immigrant operation Metro Surge in Minneapolis.
“Without the first-hand recordings, those false stories might have become the official story, which is why the Recording Rights Act is so important,” Frost added. “This will protect the public’s ability to fearlessly expose the truth and give individuals legal recourse when police officers violate their constitutional rights.”
In the same statement, Blumenthal said, “Over the past year, I have investigated dozens of cases involving Americans who were brutalized by agents of their own government, and across the board the video footage corroborated their accounts, showed the world what they experienced, and ensured that justice was served.”
“Without the recordings, we would never know the truth about what happened to Renee Nicole Good, Alex Preti, Marimar Martinez, George Reetes, and so many others,” the senator continued.
Martinez, a U.S. citizen, was shot five times by U.S. Customs and Border Protection agents in Chicago last October while trying to donate clothes to a church. Footage from the officer’s body camera showed that Homeland Security officials who labeled Martinez a “domestic terrorist” lied about the events leading up to the shooting.
Mr. Leetes is also a U.S. citizen and Iraq war veteran who was violently arrested during an immigration raid at his place of employment last July and subsequently jailed for three days.
“The right to testify has never been more important,” Blumenthal said in a statement Monday. “I am proud to work with Rep. Frost on bicameral legislation that strengthens records, surveillance, and the right to peacefully protest, creating a real enforcement tool to protect the First Amendment, which is the foundation of our democracy.”
Recording federal law enforcement officers in public is protected by the First Amendment as long as the recorder does not interfere with the officer’s duties. Federal courts have repeatedly upheld this right.
“The right to monitor and record law enforcement is a cornerstone of our democracy,” Jenna Leventov, senior policy advisor for the ACLU, which supports the Right to Record Act, argued Monday.
“You can’t hold the government accountable unless you can see for yourself what it’s doing in your community,” she argued. “Observing and filming allows people to create their own records, share information with their communities, and demand better from their governments.”
“Protesting for what we believe in is a core American value, and observing and filming government activities can fuel protests that spark change,” Leventov added. “All of these rights are directly protected by the First Amendment, and we look forward to Congress enacting the Recording Rights Act into law.”
