Archived posting to the Leica Users Group, 2012/08/06
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]In some interpretation, yes. The benefit of not having a case go farther up the court is that the First Amendment is right now very broad and offers a lot of protection. There is no more specific protection for credentialed journalists than there is for ordinary citizens and that is how it should be. Once journalists with credentials have different standards by which they are protected, then the rights of ordinary citizens will be curtailed. If one of these cases goes up to a higher Federal court and is upheld the rights of all citizens in the US will be diminished through a differentiation of what constitutes a journalist and a concerned citizen. Once we are grouped into different categories according to our credentials it is entirely up to the law to determine who has freedom of the press. So, in spite of harassment by low enforcement, this is as good as it's going to be while LEOs have the power and responsibility to protect citizens. Phil Forrest On Mon, 6 Aug 2012 16:30:34 -0400 Ric Carter <ricc at embarqmail.com> wrote: > So having our rights denied is being done for our own good? > > I feel much better now. > > ric > > > On Aug 6, 2012, at 3:24 PM, Phil Forrest wrote: > > > This will continue because there has been no case that has appealed > > to a higher court and no court that is willing to try a case that > > deals with rights we already have specifically enumerated in both > > state and US Constitutions. > >> From a law enforcement point of view, this is an obstruction of > >> justice > > matter. From a press point of view it is a First Amendment matter. > > As long as we have a robust justice system that respects the First > > Amendment we are protected. We are NOT specifically protected from > > harassment by law enforcement if the issue is a law enforcement one. > > If cases like these were to go to a higher court there is the risk > > of our rights being further restricted so as long as we have a > > right to appeal the obstruction of justice charges and get them > > dropped (and every one has been dropped in the city of New York) > > our system is working. The only thing that might help would be more > > training for law enforcement officers. > >> From my point of view, as someone who has worked in law enforcement > > with the Navy, I completely understand the position of LEOs who are > > wanting to remove all variables from a tense, possibly violent and > > dangerous situation. Sometimes the press doesn't need closer access > > to some scenes due to danger and the dynamic environment. A > > journalist is also a person that the LEOs must protect in such > > situations so the further complication detracts from them doing > > their job. These are always cases with lots of nuance and the press > > is usually very quick to point fingers at law enforcement but the > > law enforcement point of view in-situ is never known but should be > > considered before the LEO is condemned. > > > > Phil Forrest > > > > > > > > On Mon, 06 Aug 2012 13:51:53 -0400 > > Mark Rabiner <mark at rabinergroup.com> wrote: > > > >> http://www.nytimes.com/2012/08/06/nyregion/robert-stolarik-times-photographe > >> r-is-arrested-while-on-assignment-in-the-bronx.html?_r=1&nl=nyregion&emc=edi > >> t_ur_20120806 or > >> > >> http://tinyurl.com/d3mkqbz > >> > >> > >> Not good news. > >> > >> > >> > >> > >> Mark William Rabiner > >> > >> > >> > >> _______________________________________________ > >> Leica Users Group. > >> See http://leica-users.org/mailman/listinfo/lug for more > >> information > > > > > > > > -- > > http://philipforrestphoto.wordpress.com/ > > http://gallery.leica-users.org/v/philforrest > > > > _______________________________________________ > > Leica Users Group. > > See http://leica-users.org/mailman/listinfo/lug for more information > > > _______________________________________________ > Leica Users Group. > See http://leica-users.org/mailman/listinfo/lug for more information -- http://philipforrestphoto.wordpress.com/ http://gallery.leica-users.org/v/philforrest