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Thursday, August 21, 2014

Two-way video

Police body cameras are often seen as a panacea in police-public relations and in controlling police misconduct. Judge Scheindlin endorsed them during closing arguments in the New York stop-and-frisk trial. As I have written before, I support the idea, although I doubt it is an ultimate answer, since video is not as certain as many proponents make it out to be.

But events in Ferguson show a different reason that body cameras are not alone sufficient--we need to see all the actors in the exchange; it is not enough to see who the officer is looking at and perhaps hear what the officer is saying, we also need to see the officer. I was reminded of this by looking at the video after the jump. All of which may be to say that body cams are great, but they do not obviate a rigorous First Amendment right of citizens to video their interactions with police, wherever and however they occur. The effect would not be the same if we only heard the officer's voice, without seeing him pointing a rifle at unarmed civilians who do not appear to be committing any crime. (Reports indicate the officer has been removed from duty).

 

On a different video-related point: Will Baude tries to find good arguments against the right to record, but finds all lacking. I agree, but would add an additional spin: Whatever their attitudes towards public recording (Will says police unions generally oppose it), police generally seem supportive of bodycams, dashcams, and other recording technology that they use and control. But that means recording is not the real concern, police control over it is. But obviously the government cannot be the sole actor with the power to record public events.

Posted by Howard Wasserman on August 21, 2014 at 10:31 AM in Constitutional thoughts, First Amendment, Howard Wasserman | Permalink

Comments

Have you seen this?

http://www.montana.edu/wwwpy/Handley/papers/Lassiter-Geers-accountability-pdf.pdf

It's important to see the entire scene, because psychologically, the focus of the camera angle influences how we perceive responsibility.

Posted by: Ann Lipton | Aug 21, 2014 11:21:33 AM

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