Cops Thought They Were in Control Until This Guy Stepped Up!

The confrontation between the auditor and the authorities centers around the First Amendment of the U.S. Constitution, which guarantees freedoms concerning religion, expression, assembly, and the right to petition. Central to this case is the right to free speech and, by extension, the right to record in public spaces.

The First Amendment protects the right to record matters of public interest. This right has been affirmed in various court rulings, such as Glik v. Cunniffe (2011), where the First Circuit Court of Appeals held that recording public officials in a public place is a constitutionally protected activity. Similarly, in Fields v. City of Philadelphia (2017), the Third Circuit reaffirmed that individuals have a First Amendment right to record police officers performing their official duties in public.

The auditor, aware of his rights, asserted his First Amendment protection when asked to stop recording. His insistence on recording public officials in a public space aligns with established legal precedents. The auditor’s actions were based on the understanding that transparency and accountability in public spaces are crucial for a democratic society. By invoking the First Amendment, he emphasized that public officials, including police officers and transit workers, do not have a reasonable expectation of privacy while performing their duties in public.

Initially, the officers asked the auditor to stop recording or leave, citing the discomfort of the transit worker, which could be interpreted as a form of harassment. This request touches on the balance between individual rights and maintaining public order. However, legal standards dictate that discomfort alone does not constitute harassment. The officers’ subsequent acknowledgment of the auditor's rights indicates an understanding and eventual respect for constitutional protections, albeit after some debate.

Harassment, under many state laws, is defined by repeated and unwanted behavior that causes significant emotional distress. In this incident, the mere act of recording does not meet this threshold, especially given the context of public space and public duties. The transit worker’s discomfort, while understandable, does not override the constitutional right to record.

This incident underscores the importance of public awareness and education regarding civil rights. The auditor’s persistence exemplifies the role of citizens in upholding constitutional protections. It also highlights the necessity for law enforcement training on civil rights to prevent similar confrontations.

THIS VIDEO IS FOR EDUCATIONAL PURPOSES ..
This video was created to educate citizens about constitutionally protected activities, law, and civilian rights, and emphasize the importance of constitutional awareness.

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Original video:    / @goodguyactivism  

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