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  1. 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...
  2. 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...
  3. 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...
  4. 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...
  5. 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...
  6. njdiver

    US Code Searches

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

    US Code Searches 2019-04-07

    The Library of Congress Guide to Law Online https://www.loc.gov/law/help/guide/states.php
  8. njdiver

    Cell Phone Buffer Zones

    Limiting Qualified Immunity?
  9. 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
  10. 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...
  11. njdiver

    Cell Phone Buffer Zones

    A system of "trust" has developed over the decades of jurisprudence in this Country between Law Enforcement and our Judicial System. They seem to rely on each other to reinforce their “testimony” and “decisions” thereby continuing a system that enhances revenue for both. Even when oversight...
  12. 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
  13. 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...
  14. 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...
  15. 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...
  16. 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...
  17. 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...
  18. 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...
  19. 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...
  20. 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...

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