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4 Street roots Nov. 11, 2011 East Coast appeals court rules lo r citizen in police wiretapping case BY CHALKEY HORENSTEIN way interfered with the police. He should never have been arrested for this.” Boston, Mass. — This court decision sprouted from the n the Land of the Free filming the police ACLU filing a lawsuit against the Boston may not seem the most intuitive course of Police Department on behalf of Glik. Glik, action when they are in the process of while watching officers punching a citizen, arresting a criminal but it is definitely legal, took out his phone and started recording the according to a decision in the appellate officers. courts. The case of Simon Glik sets a new “I was walking down the Boston Common precedent for First in order to meet my wife. Midway through, I amendment rights. noticed a commotion by one of the benches. I Simon Glik was turned around, and I saw a young man being charged by Boston arrested by three police officers,” Glik told police for “illegal the ACLU via its YouTube channel. “What wiretapping” while was happening was out of the ordinary. recording police officers Without really giving it much thought, I took aggressively arresting a out my cell phone and started recording.... young man in Boston I was asked if my cell phone recorded video, Common. With the dust and when I answered yes, I was immediately settling around the arrested.” First Circuit Court of Boston police arrested Glik, charging him Appeal’s Aug. 26 ruling, with a wiretapping statute that prohibits advocate groups such as secretive recording. However, Glik explicitly the American Civil told them he was recording, and the police Liberties Union and even admitted that Glik was not being Common Cause believe secretive. When taken to court, Glik was this will provide a ultimately charged with illegal wiretapping, strong precedent for disturbing the peace and aiding the escape of Simon Glik those defending First a prisoner. After the court dismissed all Amendment rights. charges against Glik in February of 2008, he . o„ „ , a 1 In response to Glik’s* later approached the ACLU for their help in new s incident in 2007, the First Circuit Court of filing the lawsuit, Appeals ruled that citizens have the right to The First Circuit Court of Appeals hearing videotape police officers while they are on took place on June 8 of his year, finally duty, as long as the videotaping is not reaching its decision this past August. The secretive. court ruled not only that the police violated “This decision was an important win for Glik’s First Amendment right to film public the First Amendment right to openly record officials, but that the police also violated his police officers carrying out their duties m a Fourth Amendment right by arresting him public place,” said Christopher Ott, without probable cause. In addition, the court communications director of the American stated that police should have known this all Civil Liberties Union’s Massachusetts branch. along, and that the right to film public “Simon Glik did what we hope any engaged officials Is not limited to the press. told Spare Change News that, “since the original incident all of our officers have been trained on wiretap statute.” Other advocacy groups, such as Common Cause, are also rejoicing. “We’re very happy about the ruling,” said Pam Wilmot executive director of Common Caused Massachusetts branch. “Technology has provided new opportunity to citizens for holding government officials accountable. And the allegations from the police that it was a STREET N E W S SERVICE I spare c h a n g e , would do j n t h i s situation, which documenting what he thought looked like an improper use of force, and his action in no "This decision was an Important win lor the First Amendment right to openly record * police officers carrying out their duties In a public place." ^ u r t : s . - d ^ c i s i p n - . ” s a ii1 .... Elaine. Driscoll, director of communications at the Boston Police Department Driscoll also Eyes on the Street: Three years of Street Roots photography CHRISTOPHER OTT A M E R IC A N C IV IL LIBERTIES U N IO N 'S M A S S A C H U S E T T S B R A N C H . wiretapping were outrageous to begin with and clearly a violation of our right to free speech. The court affirmed that conclusion.” Although Glik’s work remains a strong driving force behind the ruling, he was not alone in being arrested for filming police. Other examples include Khaliah Fitchette, from New Jersey, who filmed police improperly handling a drunken man on the bus. Fitchette also was cleared of all charges, and she also filed a lawsuit with the help of the ACLU. “It is actually a sad testament to a certain extent that the police would even try to stop somebody from exercising their rights under the Constitution, but obviously that happens,” said Wilmot. “It’s good to see the court siding so strongly with our rights.” ChalkeyHoi^risteinisawrilerandeditora£^_^ ‘^treeT^ootslisierpaper, Spare Change News, Boston, Mass. Please join Oregon ON, Street Roots. Zllinfo and JOIN A Albina Community Bank 430 NW 10th Avenue HOSTED BY All ARE WELCOME Kerry Tymchuk “ | IH If The exhibit highlights the best original Street Roots photography over the past three years, along with portraits of Street Roots vendors. The show runs through Nov. 28. ■U« Portland City C l [Oregon Photographers showcased include Ken Hawkins, Leah Nash, Jennifer Janson, Kristina Wright, Israel Bayer and more. f Opportunity Network For more information or if your organization would like to co-sponsor this event, please contact Oregon ON at 503-223-4041. « ’l l wvwjoinpdxxom
