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  1. njdiver

    First Amendment Right to Record Police: When Clearly Established is Not Clear Enough, 49 J. Marshall L. Rev. 101 (2015)

    First Amendment Right to Record Police: When Clearly Established is Not Clear Enough, 49 J. Marshall L. Rev. 101 (2015) First Amendment jurisprudence supports the recognized right to film police activity as articulated by the circuits. Some commenting circuits have held the right is clearly...
  2. njdiver

    Up, Periscope: Mobile Streaming Video Technologies, Privacy in Public, and the Right to Record

    Up, Periscope: Mobile Streaming Video Technologies, Privacy in Public, and the Right to Record Mobile streaming video technologies (MSVTs) such as Meerkat and Periscope, which allow users an easily accessible way to stream live video to followers, have the potential to reshape the way people...
  3. njdiver

    US Code Searches

    njdiver submitted a new resource: US Code Searches - US Code Read more about this resource...
  4. njdiver

    CASE COMMENT

    CONFIRMATION OF A CATCH-22: GLIK V. CUNNIFFE AND THE PARADOX OF CITIZEN RECORDING http://www.floridalawreview.com/wp-content/uploads/2011/11/Hampton_BOOK.pdf
  5. njdiver

    Lights, Cameras, Action: A Mixed Methods Analysis of Police Perceptions of Citizens who Video Record Officers in the Line of Duty in the United States

    Lights, Cameras, Action: A Mixed Methods Analysis of Police Perceptions of Citizens who Video Record Officers in the Line of Duty in the United States There have been several high profile cases in the U.S. where officers have encountered and taken legal action against civilians who were video...
  6. njdiver

    Cell Phone Buffer Zones

    Cell Phone Buffer Zones As more and more people videotape the police with their cell phones, new and interesting First Amendment issues arise. This essay sketches several of these issues and proposes some solutions. https://ir.stthomas.edu/cgi/viewcontent.cgi?article=1114&context=ustjlpp
  7. njdiver

    Filming the Police as an Act of Resistance Remarks Given at the "Smartphoned" Symposium

    Filming the Police as an Act of Resistance Remarks Given at the "Smartphoned" Symposium Good morning everyone and thank you so much for having me here today. The last few years have seen an unprecedented rise in the public nature of acts of civilian recording of police officers. Think, for...
  8. njdiver

    CELL PHONES, POLICE RECORDING, AND THE INTERSECTION OF THE FIRST AND FOURTH AMENDMENTS

    CELL PHONES, POLICE RECORDING, AND THE INTERSECTION OF THE FIRST AND FOURTH AMENDMENTS In a recent spate of highly publicized incidents, citizens have used cell phones equipped with video cameras to record violent arrests. Oftentimes they post their recordings on the Internet for public...
  9. njdiver

    Camera-friendly Policing: How the Police Respond to Cameras and Photographers

    Camera-friendly Policing: How the Police Respond to Cameras and Photographers In a recent spate of highly publicized incidents, citizens have used cell phones equipped with video cameras to record violent arrests. Oftentimes they post their recordings on the Internet for public examination. As...
  10. njdiver

    A Right to Record: An Analysis of the Legal Issues Surrounding Cell Phone Videos of Police Violence

    A Right to Record: An Analysis of the Legal Issues Surrounding Cell Phone Videos of Police Violence Smartphones have become ubiquitous in modern society, increasing the likelihood of being caught on camera. On July 17th, 2014, a cell phone video of Staten Island police officers wrongfully...
  11. njdiver

    RIGHTS, CAMERAS, ACTION! RECORDING THE POLICE: THE GAP BETWEEN MODERN TECHNOLOGY AND THE LAW, AND WHY THE UNITED STATES SHOULD NOT FOLLOW THE UNITED

    RIGHTS, CAMERAS, ACTION! RECORDING THE POLICE: THE GAP BETWEEN MODERN TECHNOLOGY AND THE LAW, AND WHY THE UNITED STATES SHOULD NOT FOLLOW THE UNITED KINGDOM’S LEAD Currently, about 96% of U.S. police departments have adopted social media, nearly 94% of which have implemented Facebook...
  12. njdiver

    Copwatching Jocelyn Simonson

    Copwatching by Jocelyn Simonson This article explores the phenomenon of organized copwatching – groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the...
  13. njdiver

    Beyond Body Cameras: Defending a Robust Right to Record the Police

    Beyond Body Cameras: Defending a Robust Right to Record the Police This symposium essay articulates and defends a robust First Amendment right to record the police, up to the point that the act of filming presents a concrete, physical impediment to a police officer or to public safety. To the...
  14. njdiver

    PERVASIVE IMAGE CAPTURE AND THE FIRST AMENDMENT: MEMORY, DISCOURSE, AND THE RIGHT TO RECORD

    PERVASIVE IMAGE CAPTURE AND THE FIRST AMENDMENT: MEMORY, DISCOURSE, AND THE RIGHT TO RECORD As digital image technology proliferates in camera phones, iPhones, and PDAs, almost any image we observe can be costlessly recorded, freely reproduced and instantly transmitted. We live, relate, work...
  15. njdiver

    CHANGING THE CULTURE OF UNCONSTITUTIONAL INTERFERENCE: A PROPOSAL FOR NATIONWIDE IMPLEMENTATION OF A MODEL POLICY AND TRAINING PROCEDURES PROTECTING T

    CHANGING THE CULTURE OF UNCONSTITUTIONAL INTERFERENCE: A PROPOSAL FOR NATIONWIDE IMPLEMENTATION OF A MODEL POLICY AND TRAINING PROCEDURES PROTECTING THE RIGHT TO PHOTOGRAPH AND RECORD ON-DUTY POLICE In a world filled with cell phones and digital recording devices, documenting the activities of...
  16. njdiver

    Smith v. City of Cumming, 212 F. 3d 1332 - Court of Appeals, 11th Circuit 2000

    njdiver submitted a new resource: Smith v. City of Cumming, 212 F. 3d 1332 - Court of Appeals, 11th Circuit 2000 - first amendment Read more about this resource...
  17. njdiver

    Fordyce v. City of Seattle, 55 F. 3d 436 - Court of Appeals, 9th Circuit 1995

    njdiver submitted a new resource: Fordyce v. City of Seattle, 55 F. 3d 436 - Court of Appeals, 9th Circuit 1995 - first amendment Read more about this resource...
  18. njdiver

    American Civil Liberties Union of Ill. v. Alvarez, 679 F. 3d 583 - Court of Appeals, 7th Circuit 201

    njdiver submitted a new resource: American Civil Liberties Union of Ill. v. Alvarez, 679 F. 3d 583 - Court of Appeals, 7th Circuit 201 - first amendment Read more about this resource...
  19. njdiver

    Turner v. Lieutenant Driver, 848 F. 3d 678 - Court of Appeals, 5th Circuit 2017

    njdiver submitted a new resource: Turner v. Lieutenant Driver, 848 F. 3d 678 - Court of Appeals, 5th Circuit 2017 - first amendment Read more about this resource...
  20. njdiver

    Fields v. City of Philadelphia, 862 F. 3d 353 - Court of Appeals, 3rd Circuit 2017

    njdiver submitted a new resource: Fields v. City of Philadelphia, 862 F. 3d 353 - Court of Appeals, 3rd Circuit 2017 - first amendment Read more about this resource...

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