Thursday, September 01, 2011

Appeals Court: Arresting Guy For Filming Cops Was A Clear Violation Of Both 1st & 4th Amendments | Techdirt

Appeals Court: Arresting Guy For Filming Cops Was A Clear Violation Of Both 1st & 4th Amendments | Techdirt: "Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs." Mills v. Alabama, 384 U.S. 214, 218 (1966). Moreover, as the Court has noted, "[f]reedom of expression has particular significance with respect to government because '[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.'" First Nat'l Bank, 435 U.S. at 777 n.11 (alteration in original) (quoting Thomas Emerson, Toward a General Theory of the First Amendment 9 (1966)). This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties...."

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