PEOPLE ARE THE PRESS: Federal Court Rules it is Not Illegal to Film Police or Government Officials

In what I consider the most important recent news event, the Federal First Circuit Court of Appeals in Boston ruled that citizens have the legal right to film police while they are performing their public duties.

The case involved attorney Simon Glik in Boston who observed an arrest in the Boston Common that he thought was abusive.  So he flipped out his cellphone camera and filmed the cops.  They arrested him.

The Court has responded to this – one of the increasing number of cases nationwide in which cops try to take cameras from or arrest citizens who try to record them during arrests – by affirming a lower court ruling in Glik’s favor.  In this case, as in most similar cases, the police attempted to charge someone with ‘wiretapping’ because the video cameras are ‘secretly’ recording audio.  Of course any court recognizes that only a simpleton would associate using a video camera with wiretapping.

The Court stated:

The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity]. 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.

Episodes of police misconduct, brutality and murder are increasing nationwide. Police powers are growing, government agencies are eavesdropping on Americans without warrants, personal data is being pulled into government databases, and security paranoia is reaching nearly hysterical levels. The fact is that the police are committing crimes – including murder – at an alarming rate. Cops are using violence against innocent demonstrators. They are killing helpless people in the subways of Oakland. They are beating homeless people to death in Fullerton, California. They are raiding political activist groups before and during public events on the chance that these groups might be planning something illegal. Filming these cops is absolutely the least that citizens should be doing.

The Court has made it abundantly clear that citizens have always had the legal right to use video cameras on the police and that arrests of citizens in these circumstances is illegal.  That is why all cases nationwide that police forces have brought against people with video cameras have been thrown out of court.

It should now be clear that police departments arresting people for filming are liable in civil courts.

The Court went further than its decision on filming police activities. It also stated that citizens recording police or government officials have the same legal protections afforded to the press. In other words: citizens are journalists.

The Court said:

Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.

There is no legal definition of or requirement for being a journalist.  In fact, much of CNN’s video coverage comes from ‘iReporters’ who are citizen journalists filming events around the world and sending in their footage via the CNN web site.  Those people are fully protected by all the same laws that protect journalists and their sources.

I think this is a long-overdue and definitive ruling that clarifies legally what has been obvious all along.  People always have the right to film their police officers doing the public duties that public monies pay for.

Finally, and most important: People Are the Press.

 

Vive Le Tour! – 1962 Film About the Tour de France

This is a charming look at the world’s greatest bike race from 1962. I see that Louis Malle is credited as one of the directors. You can see the incredible efforts put in by racers in the mountains and how back in the early sixties they would eat fruit on their bikes and sometimes dart into village restaurants along way to snatch bottles of water, wine and ice cream! The film also mentions the issue of doping as it was practiced in 1962 which seems to have mainly been an effort to mask the pain. The one depressing thing about this film is that it shows the sport of bike racing in 1962 was as uniformly white as it is today. The complete lack of diversity in the Tour de France is a shame and an unforgivable embarrassment to the race itself and to the sport as a whole. The damn race is so white that it makes my teeth hurt to watch it. And I watch every stage of it every single year. So trust me, it’s an all-white event and the organizers and teams should be investigated for that issue which is actually far more important than the doping issue. Every single racer dopes. But quite obviously the dope is only given to white racers. The Tour de France is becoming a European NASCAR. Just go ask Lance.

Send Me to the ‘Lectric Chair: Short Film by Guy Maddin

Canadian filmmaker Guy Maddin made this short in 2009 with Isabella Rossellini in the lead role of a woman who finds ecstasy in an electric chair. The film moves beautifully with its music and entertains with its silent film mystery and accelerated movement. However, I will say that Maddin’s films seem to me overly concerned with silent film technique. This tends to turn the films into curiosities rather than genuine works of art. That’s a tricky area because the films put so much virtuosity on display. But you can hide enormous failures behind that ‘old film look.’ I’m not sure that’s what Maddin is doing, but my suspicions are growing. Maddin might be interested at some point in working with less budget.

Thank you to filmmaker Fred. L’Epée.

 

Histoire(s) du cinema: According to Jean-Luc Godard

Between 1988 and 1998 filmmaker Jean-Luc Godard made a film called ‘Histoire(s) du cinéma.’ Though it purports to be a sort of cinema history, reflecting on how cinema intersects with the 20th century, I think it is more likely a vision of how cinema works in the mind of one filmmaker. The images drift in and out, overlapping and complimenting one another just as they would in the mind. Don’t look for accuracy or understanding. Just watch the film. It’s very difficult to find pieces of this lengthy work online. But these are three good chunks and they certainly stand up as a taste.

More about the film at Mubi.

Beauty and Love Are Another Song – Song About the Youth Uprising in England

Michel Montecrossa’s latest video examines the desperation behind the rioting in Great Britain. His direct and heartfelt approach works to cut through all the recent bullshit about the rioters being simple thugs with nothing more on their minds than robbery and destruction. Riots are open wounds that erupt after enormous damage has already been done to a population. The seething pressure is always there for a long time before exploding in everyone’s faces. By definition, riots involve damage and robbery. What else would there be to do at a riot? Riots are anger and desperate hopelessness that cannot be controlled. Yes, of course one must punish people who burn down buildings. But one must also have the intellect and social responsibility to seriously look at why children and adults would feel so awful that the only thing they can think of doing is burning down a city. That is serious rebellion and it is going to spread. The world is under incredible economic pressure and the people who suffer understand that governments tied to extreme wealth and corporate interests are responsible. Populations are going off like bombs. The uprisings in the Middle East are directly connected to the uprisings London because both groups of people have become aware that the same corporations control what happens in both places. The dictators and authoritarian regimes in the Middle East are kept there because they provide certain corporations with efficiency in the region. Assad is exterminating people in Syria because it is convenient for Western companies and politicians that he do so. The Western governments have wanted globalization and now they’ve got it. Globalization of uprisings and riots. One must remember that the riots in Great Britain were started by a policeman who killed a young man. A policeman who chose, just like the policemen in Syria, to point his gun and fire a bullet into the body of a human being. A violent reaction to such an act should be expected in most cases.

Michelmontecrossa.com

Seizure: A Magnificent Cry for Art by David Vaipan

At the start, I’ll say that this is one of the most magnificent films I have seen in years. David Vaipan has made this relentless and fully-committed scream of artistic intent, desire, confusion, effort and love. This is a film about being an artist. It is a film about fear and confidence. About effort, will and failure. Vaipan simply takes the entire history of art and all that it has given him and dumps it out on his desk and turns it all into his own material. All of art, music, film, literature and poetry become Vaipan’s crayons and he uses them to tell his own personal story.

The film bombards with imagery. Just gaze in wonder at the crayon animated memoir that’s presented like a little puppet theater show. It moves from birth to boarding schools to Wall Street and beyond with effortless skill. The drawings are amazing and funny. Just when you think you’ve seen plenty Vaipan moves into a stick figure run through the history of art and it just keeps coming at you. He cuts and chops and mixes and slides and just keeps streaming the grandeur of art at us like a force of nature. He’s completely lost inside the world of inspiration. He sees the fear of getting lost in the pile – the fear of being ignored – and he literally revels in the fear itself. He makes the fear seem like something to seek. This is a grand and important statement from someone who I think is a young artist. The tools of his trade are digital and he uses them freely with a wild eagerness to explore that is extremely difficult to maintain. The unabashed use of video effects and computer equipment as if they are the oil paints and charcoals inside a painter’s box is one of the hallmarks of the emerging American video art movement. I can see the influence of Ryan Trecartin’s work in this. There’s a familiarity with digital layers that is of primary significance in this recent art. There’s a hard-edged willingness to allow the digital processes to show through. It’s sort of a freedom with the computer and video that means one doesn’t have to make anything necessarily look the right way or look like something it isn’t.

You have to really watch this film very closely and try to catch the pieces of the roaring mass of art thrown at you. Even the ending credits are a complete statement in themselves with the director drunkenly singing the Rolling Stones’ ‘Sympathy For the Devil’ in the background.

So many people are part of this film. Kenneth Anger, Stan Brakhage, Jean Luc Godard, Maya Deren, Luis Bunuel, Stanley Kubrick, David Foster Wallace, Michael Snow, Agnes Varda, to name but a few.

I know that the intertitles and other things flash by too quickly to grasp and maybe that intimates something about the info-age and attention spans, it’s why your lord Hiesos Kristos, magician of the beautiful, invented the pause button and that’s also why the real Creator (one D. Vaipan) put this on the internet rather than wherever, because you have control.

See? That’s one of the little treasure waiting for you in the end credits of this gigantic and raving epileptic fit of a film that should ultimately bring you close to tears and make you want to explode in all directions and actually truly and finally… make something!

Here is the artist’s web site.

British Riots Indicate Global Revolt Against Corporate Control of Governments

Below is a BBC news video of a man named Darcus Howe trying to explain what he has observed as being the cause of the violent rioting that is burning down parts of London and other cities across Great Britain. The news woman should probably be dismissed as quickly as possible because she is incompetent and obviously has a problem with the answers she’s getting.

Mr. Howe’s honest attempt to communicate his ideas about what has led to these riots should be listened to carefully. It is common knowledge that Great Britain has descended in the past ten years into the western world’s most closely observed police state. Everyone is watched on every street corner everywhere every day. Police routinely suppress free expression and demonstrations. According to Mr. Howe, they are also searching non-whites for no reason. Under such conditions, with the addition of worldwide financial panic and ‘austerity measures’ being put into place that strip services from the poor and middle classes, all it takes is a single flashpoint to ignite massive riots.

In case you had not gotten the picture yet, we are seeing a global explosion of rebellion, demonstration and riot. I firmly believe that all the rioting and revolt in the Middle East is directly connected to the rioting and revolt going on in Europe. People are finally seeing a broad general picture of a world and its governments, whether they be democratic or authoritarian, being controlled and dominated by a handful of powerful global corporations. Under such control, governments lean their decisions in favor of these corporate entities and the very wealthy people behind them.

The UK riots have broken out very shortly after the expanding news story of Rupert Murdoch’s News Corporations committing crimes in partnership with the police as part of what they represent as ‘journalism.’ That is basically a tip of the iceberg example of corporate control of a nation.

To call the riots simple acts of vandalism by thugs is a gross simplification of the situation. All riots start from some cause which comes at the end of a long resentment and building desperation. When the riots actually break out they include all sorts of people, many of whom are simple thugs and criminals. But those thugs don’t normally break into riots that burn cities down. They are normally robbing convenience stores and shooting each other. Something much larger than them brings them out into open battle on the streets.

Widespread unemployment, idleness and the easy access to video information from all over the world builds anger and resentment toward governments that seem locked into corporate bonds. People begin to realize that it doesn’t matter who they elect. All the candidates are run by the corporations. The defining signal to the world, much to everyone’s surprise, was the election of Barack Obama. He won his office by seeming to promise something new – something independent and free. But as soon as he took office the world saw that he was just another corporate middle man. The ongoing wars in Iraq and Afghanistan are simply at the behest of the corporations that insist upon such a course which includes the very profitable activity of ‘nation building.’ That Obama signal – that horrific disappointment – has led directly to this global explosion of rage. Obama, by not being who he should have been, lit the fuse. The bomb is now going off.

Here’s a man explaining the riots to a journalist in London:

The ongoing worldwide explosion of violence is the beginning of a global war against corporate control of nations.

We are watching the beginnings of a worldwide effort to break government away from this corporate control. It mirrors the efforts of prior centuries to break away from the control of the Church.

It’s going to get worse and it’s going to spread virulently. The fact that London has exploded should indicate to everyone that it is leaping past all predictability.

Thank you to Dangerous Minds for the videos.