Federal Appeals Court Suggests Rep. Chabot’s Town Hall Camera Ban Violated The Constitution

Source: Think Progress

Federal Appeals Court Suggests Rep. Chabot’s Town Hall Camera Ban Violated The Constitution
By Ian Millhiser on Aug 29, 2011 at 3:00 pm

Ohio constituent places tape over mouth after Rep. Chabot bans cameras at his town hall
Last week, Rep. Steven Chabot (R-OH) banned ordinary citizens from bringing cameras into a town hall meeting — even having police confiscate cameras from citizens who dared to violate this rule. Bizarrely, Chabot still allowed reporters to bring in cameras and record the event.

Coincidentally, just four days after Chabot took this extraordinary measure to prevent embarrassing clips of him from appearing on YouTube, the U.S. Court of Appeals for the First Circuit handed down an opinion saying citizens have a right to film police engaged in their official duties. The court’s reasoning, however, has very clear implications for Chabot’s camera ban:



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.” Moreover, as the Court has noted, “freedom of expression has particular significance with respect to government because ‘it is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’” <...>

The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press. <...> 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.

http://www.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf

Read more: http://thinkprogress.org/justice/2011/08/29/306613/chabot-against-first-amendment/

SUNSHINE, the best disinfectant!

Okay, disinfection accomplished, but don't they do this all the time? The people are proven to be correct, but only after the damage is done. So, in this case, the reaction is probably more along the lines of "Really? That was against the constitution? Wow I never knew. How about that". At the same time, the event has ended and you can't go back in time to record anything.

and hammer him and his dirty ways.

I personally would love to be arrested for that. Money, money, money.

Behavior of police in this respect has been quite sinister, and has even been supported by new laws in some states. I suspect this decision will go on to the SCOTUS.

about what Chabot did. But its point applies to Chabot as well.

Please choke on this. And trust that no one will violate your "space" by helping out with a Heimlich manuver to save your stupid ass.

this was the apotheosis of politcal speech!

Every time I think of all of the men and women who gave their lives during WWII so that people like Steven Chabot would never be in our government, I begin to hurl uncontrollably. And sadly, I fear that Steven Chabot is only the tip of the iceberg. Shame on anyone who voted for him.

Edit to correct cap. punctuation.

My father is a WWII vet who was on the beach in Normandy; now an 87-year-old widower who's still pretty healthy and still drives to Vegas from L.A. several times a year. I know he's completely disgusted with the way this country has degenerated and I sometimes wonder if he ever thinks "I helped liberate the world for this shit?"

I heard on Thom Hartman today that the asswipe who replaced Alan Grayson actually took pictures of the constituents of his town meeting(s?) who asked tough questions of this douche. He then made them into "Wanted" posters and handed them out at his next town meeting. How much more of this fascist shit are we supposed to put up with?

...it's very, very scarey what is going on out there.

after all he swore to protect and defend the constitution,not rip it to shreds

He should be fired and sent to Afghanistan as a point man.

The video shows the cop telling one of the citizens that he was "told" it was against the law. :eyes:

One of Chabot's goons, no doubt. Or even Chabot himself? Maybe the cop will make public the name of the person who told him it was "against the law."

And better training for the cop is in order! (like maybe a class on the Constitution?)

Now watch Holder "justice" jump in to protect Chabot and the police action.

Thanks for the thread, kpete.

I watched the Security back Rep. Chabot in his Ban in the Vid posted earlier..
MMMMM, Where were the local Police??
Were they there too???
Perhaps some will take this BoZo to Court and sue his ass off..
Sue the Security too....

Conservanazi scumbag.

Well now Chabot is just holding private meetings.

We already knew Chabot violated the constitution, and I said early I though he violated the 4th Amendment, search and seizure, and also committed theft.

The loose ends are how is Chabot going to be punished for this, and how is it he can order the police to violate the constitution in the first place.

any others where a Judge stands up for the Constitution.

Is that not an in kind contribution or even a variant of a poll tax in that the only access you have to your elected officials are determined by paid access?

Rp