Search Results for: 54953.5(a) recording – Page 5

Federal judge orders reporter to hand over video recordings of anti-war protests

In ordering a Chicago reporter to submit all tapes and materials of anti-war protests, a federal judge found no constitutional basis for reporter’s privilege. -DB Reporters Committee for Freedom of the Press May 8, 2009 By Samantha Fredrickson A reporter for a cable-access show in Chicago was ordered by a federal magistrate judge last week to hand over every video recording he made documenting anti-war protests from 2003 to 2005. The reporter, Martin Conlisk, was

Read More »

A&A: Can newspaper publish captured police-scanner audio of gunfight?

Q: We have a recording of police scanner traffic detailing the response to the gunfight between Sheriff’s deputies and Chris Dorner–the ex-LAPD police officer and former United States Navy reservist who was charged in connection with a series of shooting attacks on police officers. We recalled a challenge to being able to post such information in the past. Is it legal/defensible for a newspaper to publish this information? A: As a general matter, you will

Read More »

A&A: Is a recorded message on a voicemail considered private?

Q: Is a recorded message on a voicemail considered private or can it be recorded for legal purposes? A: It is doubtful that the recording of a message from someone who voluntarily leaves a message on a voicemail will violate a wiretapping law because the laws generally prohibit only surreptitious listening or recording. Those leaving voicemail messages fully expect that such messages will be recorded. For example, California’s Eavesdropping Law, Cal. Penal Code section 632

Read More »

A&A: Can police use hidden cameras to videotape the public without consent?

Q: Can the police legally use hidden cameras to videotape interactions with the public without the public’s consent? Not just in public–where there may be less of an expectation of privacy–but at an apartment or home entrance? A: You pose an interesting question. A provision of California’s Penal Code imposes penalties for “intentionally and without the consent of all parties to a confidential communication … eavesdrop[ping] upon or record[ing] the confidential communication [by means of

Read More »

A&A: Do I Have a Right to Remain Anonymous During Public Meetings Held on Zoom During the Pandemic?

Q: I’ve attended some meetings of a local government in California recently and they’ve started using Zoom to conduct the meetings because of the local COVID-19 public health orders. I’ve set up my Zoom sign-on to identify me as “John Q. Public,” which as you can probably guess isn’t my real name. But they do know who I am. However, at the beginning of the Zoom meetings the district secretary has gotten into the habit

Read More »

Milpitas City Council 'streamlines' sunshine guidelines

The Milpitas City Council tightened procedures that provide public access to city business, saying that some of the practices did not provide greater access to the public and that changes were needed to save staff time. -DB Milpitas Post May 13, 2009 By Ian Bauer Milpitas City Council unanimously voted April 21 to introduce an amended Open Government Ordinance, which they said is meant to give the public and press transparency to the workings of

Read More »

Bench-Bar-Media Committee proposals for greater media access

By Susana Montes–The draft report includes 11 recommendations from the Bench-Bar-Media Committee, appointed by the California Supreme Court. The recommendations range from increasing access of cameras and other recording devices in the courtroom, instituting public notices for gag orders by posting on local court websites; and a proposal to develop a rule that requires all courts to post notice of any application for, or entry of sealed records. The report also addresses the need to

Read More »

Open source investigations a boon to journalists

A report by The New York Times about intercepted radio transmissions from Russian soldiers demonstrates how investigative reporters are using open-source reporting, satellite images, mobile phone or security camera recordings and other internet tools to report the news. (TVN, May 9, 2022, by David Bauder of The Associated Press) Open source journalism allows reporters to access user-produced content on the web to find stories and supporting visual evidence. The process allows greater transparency in making

Read More »

A&A: Accessing A Prison Visit Audio Transcript in Maine

Q: I am helping a former inmate in Maine write a documentary on his case and we are trying to access a recording or a transcript of two conversations: the first took place at the prison and the second was a phone call that was made by the inmate from prison. We attempted to access them, but the prison authorities first said that they would release the information and then they told us that they

Read More »

Sunshine Week: Fighting darkness endless task

This year’s Sunshine Week, March 13 to 19, established to promote open government, finds five Pennsylvania news outlets suing for access to judicial records. (Reporters Committee for Freedom of the Press, March 21, 2022, by Gillian Vernick) The New Mexico Foundation for Open Government (FOG) reports that with the pandemic and government staffing shortages, their hotline is recording record numbers of citizen reports of ignored or denied record requests and government meetings held without required

Read More »

A&A: How Can I Access Florida Police Body-Camera Videos?

Q: Can you please guide me on how to get police body-worn camera videos from a Florida law enforcement agency that have not been provided in response to a freedom of information act. Nor were they included in discovery for a criminal case. I believe there is damning evidence on the video of police misconduct, obstruction of justice, malicious prosecution et cetera. What are my options for obtaining video being withheld? Can I hire an

Read More »

South Carolina: Video of police shooting alters the playing field in determining culpability

In recent cases of police using lethal force against unarmed black citizens, the police are rarely found guilty, but the video of a South Carolina policeman’s fatal shooting of an unarmed black man during a routine traffic stop shows that video evidence can provide clear evidence crucial to a just outcome. “We’re seeing things in a different light now that we have so much more video. Things in the past that may have been mischaracterized,

Read More »

Shame on Inglewood. Using copyright as a muzzle, the city files suit to censor a local critic

BY PETER SCHEER–Inglewood CA doesn’t have much to commend it. To the various reasons not to live there–like high crime rates and bankrupt schools—the city government has added this threat: if you criticize the mayor or other officials, the city will hire lawyers to censor you. That is the clear message to be drawn from Inglewood’s recently filed lawsuit in federal court against one Joseph Teixeira, a city resident. (City of Inglewood v. Teixeira.) Teixeira, who

Read More »

Same-sex trial videos remain sealed – for now

Video recordings of last year’s same-sex marriage trial in California will remain under seal pending further review, a federal appeals court has decided. The Ninth U.S. Circuit Court of Appeals in San Francisco said it must determine whether release of the videos would serve the public interest without compromising the safety of witnesses for Prop. 8, the state initiative that banned same-sex marriage. Full story

Read More »

Media law non-profit offers updated guide for newsgathering at polls

The Citizen Media Law Project is offering online its updated guide on laws regarding newsgathering at the polls. -DB Citizen Media Law Project October 28, 2009 By Sam Bayard Voters head to the polls again on November 3 to cast their ballots in mayoral [1], city council [2], and even a handful of gubernatorial [3] elections. In addition, there are some important ballot measures up for consideration, like the referendum in Maine seeking repeal of

Read More »

Court rules that pro-life advocates demonstrated peacefully at college

A jury in a free speech case ruled that pro-life demonstrators at a college were not disruptive and complied with police officers’ requests. -DB LifeNews.com May 11, 2009 By Steven Ertelt SAN BERNARDINO, CA — A jury in a California court has found a group of pro-life advocates not guilty in connection with false charges filed against them when they visited Chaffey College in November 2007. The case is the second legal victory for the

Read More »

When it’s okay to record public officials

When it’s okay to record public officials Q: I belong to a HOA that is a California Non-profit Corporation.  Last week I went to talk with the on site manager at his office. He use his desk computer to video tape with audio) our meeting without my knowledge. His office is inside our Clubhouse, I think some were in the Clubhouse there is a sign that read Video surveillance. Is this legal? A: Penal Code

Read More »

10th Circuit bolsters right to record police in action

the 10th Circuit U.S. Court of Appeals ruled that recording police is an established constitutional right. The ruling reversed a lower court decision in a case filed by a blogger and YouTube journalist protesting the actions of a police officer who blocked off his camera and shined his flashlight at him to prevent his filming a DUI stop. (The Gazette, July 11, 2022, by Julia Cardi) While five of the federal appeals court have yet

Read More »

Philadelphia arrest student photojournalist for photographing officers making traffic stop

In the latest incident of police arresting citizens taking photos of them in the course of their duties, Philadelphia police arrested a Temple University student. The police were making a routine traffic stop outside his home. The department established guidelines on the issue last September that ordered them to expect photos, videotaping and  audio recording and to allow those to proceed while discharging their duties in public areas. -db From the Reporters Committee for Freedom

Read More »