Apparently you do not have a First Amendment right to photograph the police in Pennsylvania. Unless you do a little jig.

February 22, 2016

This could be a significant blow to the First Amendment, as apparently videotaping the police is not protected speech in Pennsylvania. Unless, of course, you also decide to yell at them or do a jig at the same time.

I wish I were joking, but I’m not…

Two cases before the United States District Court, Eastern District of Pennsylvania, were recently consolidated into one for the purpose of determining “whether photographing or filming police on our portable devices without challenging police is expressive conduct protected by the First Amendment.”

This is the trial court’s entire opinion, if you want to read the decision in its entirety.

The underlying facts are simple:

In the first case, Temple University student Richard Fields was standing on the sidewalk. There were 20 police officers standing outside a house party. Fields thought it was worth photographing for whatever reason. The police officer asked Fields to leave and stop taking pictures. Fields refused and continued to film. The police officer then took his phone and arrested him. Fields wasn’t taping the matter to protest the police or anything like that. He simply felt like recording it, maybe to put on Facebook, Instragram, or Philly Law Blog (holla!). The student did not claim to be protesting the police (or the house party for that matter), but merely recording the event.

In the second case, Amanda Geraci was at a protest. During the protest, the Philadelphia police arrested one of the protestors. Geraci moved closer to get a better view and hoped to videotape the incident. Geraci claims Officer Brown “attacked her” by physically restraining her against a pillar and preventing her from videotaping the arrest. Geraci claims that “I was just legal observing.”

Both sued the Philadelphia Police Department under 42 U.S.C. §1983 for First Amendment Retaliation.

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What Does the American Bar Association Actually Do?

February 9, 2016

When you think of the American Bar Association, you imagine an institution that focuses on lawyer things. I’ve always assumed that the role of the ABA was to function at the top of our profession, and to hand down things like the Model Rules for the rest of the states to incorporate. I remember studying the Model Rules of Professional Conduct in law school, which were drafted by the ABA and then adopted in full or in part by most of the states. As a small time practitioner, that’s what I’ve always assumed their role in the legal world was – to set legal policy at the highest level, which then trickles down into state law, and eventually finds itself on my desk in the form of the Pennsylvania Rules of Professional Conduct or Pennsylvania Rules of Evidence.

I was up last night reading Twitter when something from the American Bar Association popped up in my feed:Screen Shot 2016-02-09 at 10.39.29 AM.png

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RooshV And His Family Get Lynched By the Social Justice Mob

February 7, 2016

badb65c2868bc2a60c9bdd0ff56be419Rape is currently a hot button issue. There are those who argue that a “rape culture” has been created across the United States, and that our women are in danger everywhere. On the other hand, there are bloggers like Scott Greenfield who have suggested that there is a difference between rape and regret.

We draw a fine legal line when it comes to the definition of consensual sex and due process. As Scott Greenfield put it, “[t]he law requires reason, or it fails to sustain its legitimacy.”

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