Politicians learned decades ago that they could tax and
regulate certain filmmakers. The problem
is that too many bureaucrats and cops don’t know or understand the law.
The First Amendment absolutely protects anyone involved with
news or opinion publishing and broadcasting.
That of course includes those publishing and posting various forms of
media on the web. They cannot regulate home
video projects not intended for profit either.
The permit laws can only apply to commercial projects such
as entertainment films or commercials.
If you’re gathering news video or B-roll and some officious
jerk demands to see your film permit you can tell him it’s at the very top of
the Bill of Rights. If he still has
questions tell him to visit his local library to read a copy. Of course you should tell him your gathering
news material but you need not tell him anything about the news story your
working on.
They may even try to bully you to obtain a permit and
liability insurance but there is no truth to that unless of course you’re not
doing news. Stand tough and be sure to
shoot video of any official jerks that you can use in court should a bogus
arrest is attempted or made.
The rub here is you cannot gather news with the interruption
by ignorant public officials. The ACLU
is more than happy to represent you especially if you have proof of the
suppression of your rights on video.
Never ever yield to demands that you delete video or
surrender media cards or tape. If you
gather video of a crime the cops and prosecutors have a right to use legal
process to obtain a copy your video.
Nobody has the right to force you to turn off your
newsgathering camera. If they don’t want
to be seen they can either avoid you or put bags over their heads. Nobody has the right to assault you or grab
your property. Should they do that it is
a crime in every jurisdiction.
You do need to be aware that owners of private property such
as malls can force you to leave their premises.
They have authority under trespassing laws. Government property that is open to the
public can’t prevent you from newsgathering.
The exception is in courthouses and that can only become a matter of Contempt of
Court, not trespassing.
In most places such as shopping malls it's best if you can slip in
shoot the video before you're discovered.
They can only take action against you after you fail or refuse to leave
their property. Some malls will give you
permission for personal video or certain other reasons. Don’t ask for permission until they have
approached you. Again a film permit is just not required for
newsgathering.
BTW, the SCOTUS said that filming cops is legal yesterday, so you're even more protected than before.
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