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  1. njdiver

    The Public’s Evolution from News Reader to News Gatherer: An Analysis of the First Amendment Right to Videorecord Police

    The Public’s Evolution from News Reader to News Gatherer: An Analysis of the First Amendment Right to Videorecord Police This and other police shootings caught on video have sparked a national conversation about police procedures, particularly procedures related to race and the use of force...
  2. njdiver

    DOJ Letter

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  3. njdiver

    STATEMENT OF INTEREST OF THE UNITED STATES

    njdiver submitted a new resource: STATEMENT OF INTEREST OF THE UNITED STATES - DOJ Read more about this resource...
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  4. njdiver

    STATEMENT OF INTEREST OF THE UNITED STATES

    njdiver submitted a new resource: STATEMENT OF INTEREST OF THE UNITED STATES - DOJ Read more about this resource...
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  5. njdiver

    38 CFR 1.218 - Security and law enforcement at VA facilities.

    njdiver submitted a new resource: 38 CFR 1.218 - Security and law enforcement at VA facilities. - CFR Read more about this resource...
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  6. njdiver

    Cop-Watch: An Analysis of the Right to Record Police Activity and Its Limits

    Cop-Watch: An Analysis of the Right to Record Police Activity and Its Limits Over the last year, the news headlines blaring that a police officer’s potentially inappropriate actions were recorded have become almost too familiar. The social climate has shifted to one where much of the historic...
  7. njdiver

    Cop Watch/Cop Listen/Cop Move: Policing the Police With Performative Methodologies

    Cop Watch/Cop Listen/Cop Move: Policing the Police With Performative Methodologies In this essay, the authors argue for sound and movement as performative methodologies for studying policing. The proposed performative methodology, “Cop Watch/Cop Listen/Cop Move,” provides a space for...
  8. njdiver

    Privacy in Public

    Privacy in Public As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay...
  9. njdiver

    Film the Police! Cop-Watching and Its Embodied Narratives

    Film the Police! Cop-Watching and Its Embodied Narratives Police accountability organizations known as “cop‐watching” groups are proliferating thanks to smartphone penetration and the ease of video sharing on social networks. These groups use digital media technologies to challenge official...
  10. njdiver

    The First Amendment Right to Record Images of Police in Public Places: The Unreasonable Slipperiness of Reasonableness & Possible Paths Forward

    The First Amendment Right to Record Images of Police in Public Places: The Unreasonable Slipperiness of Reasonableness & Possible Paths Forward Analyzing federal cases through May 2015, this Article examines the current, contested terrain of the emerging, yet qualified, First Amendment right to...
  11. njdiver

    The New Transparency: Police Violence in the Context of Ubiquitous Surveillance

    The New Transparency: Police Violence in the Context of Ubiquitous Surveillance Media and surveillance scholars often comment on the purported empowering quality of transparency, which they expect participatory media to promote. From its Enlightenment origins, transparency is related to...
  12. njdiver

    “V.I.P.” VIDEOGRAPHER INTIMIDATION PROTECTION: HOW THE GOVERNMENT SHOULD PROTECT CITIZENS WHO VIDEOTAPE THE POLICE

    “V.I.P.” VIDEOGRAPHER INTIMIDATION PROTECTION: HOW THE GOVERNMENT SHOULD PROTECT CITIZENS WHO VIDEOTAPE THE POLICE The free flow of information concerning public officials’ performance of their duties, widely disseminated to the citizenry, is important to the proper functioning of a democratic...
  13. njdiver

    Staring Down the State: Police Power, Visual Economies, and the ''War on Cameras''

    Staring Down the State: Police Power, Visual Economies, and the ''War on Cameras'' This paper considers how the politics of security and order are also a politics of aesthetics encompassing practical struggles over the authority and regulation of ways of looking and knowing. To do this, the...
  14. njdiver

    WHO WILL WATCH THE WATCHMEN?: CITIZENS RECORDING POLICE CONDUCT

    WHO WILL WATCH THE WATCHMEN?: CITIZENS RECORDING POLICE CONDUCT Ordinary citizens are being arrested and prosecuted for recording police conduct in several states. These arrests are being made pursuant to state wiretapping statutes that prohibit the recording of any communication without the...
  15. njdiver

    The First Amendment and the Police in the Digital Age

    The First Amendment and the Police in the Digital Age In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that...
  16. njdiver

    Camera Shy and Unaccountable: The Constitutional, Statutory, and Democratic Ramifications of Police Seizing and Deleting Photos and Video Taken in Pub

    Camera Shy and Unaccountable: The Constitutional, Statutory, and Democratic Ramifications of Police Seizing and Deleting Photos and Video Taken in Public Journalists and the more than 114 million Americans who carry smartphones are now in a position to instantly record and publicize any...
  17. njdiver

    Before You Press Record: Unanswered Questions Surrounding the First Amendment Right to Film Public Police Activity

    Before You Press Record: Unanswered Questions Surrounding the First Amendment Right to Film Public Police Activity After a wave of high profile arrests of smartphone-toting citizens whose only crime was recording police officers in the exercise of their public duties, constitutional challenges...
  18. njdiver

    QUALIFIED IMMUNITY FORMALISM: “CLEARLY ESTABLISHED LAW” AND THE RIGHT TO RECORD POLICE ACTIVITY

    QUALIFIED IMMUNITY FORMALISM: “CLEARLY ESTABLISHED LAW” AND THE RIGHT TO RECORD POLICE ACTIVITY The Supreme Court promotes an expansive view of qualified immunity protection that imposes a high bar for showing that conduct violates clearly established law. But precedent provides scant...
  19. njdiver

    Information Gathering in the Era of Mobile Technology: Towards a Liberal Right to Record

    Information Gathering in the Era of Mobile Technology: Towards a Liberal Right to Record Cameras are everywhere. From private security footage to homeland security surveillance to the photographic mapping of the streets of the world, people today are under constant scrutiny while in the public...
  20. njdiver

    POLICING THE POLICE: FREEDOM OF THE PRESS, THE RIGHT TO PRIVACY, AND CIVILIAN RECORDINGS OF POLICE ACTIVITY

    POLICING THE POLICE: FREEDOM OF THE PRESS, THE RIGHT TO PRIVACY, AND CIVILIAN RECORDINGS OF POLICE ACTIVITY In recent years, the proliferation of miniature recording devices and free video-sharing websites has led to a dramatic increase in citizen journalism. The effect of this development is...

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