Those two in Philadelphia did, because the ruling wasn't applied retroactively. The dissenting judge argued that it should have been. But there's nothing in the opinion about immunity for future violations.
No, the court just wants to pretend like it is the source of inalienable rights, as if these rights just came into being because of its decision. They didn't.
Fortunately, Friday’s ruling establishes the right to record within the 3rd Circuit beyond any doubt, meaning officers who violate that right in Delaware, New Jersey, or Pennsylvania may be sued
Key term here is, may be sued.
I think it's great that these decisions are widespread and unambiguous, however on the street in real time, they basically don't matter.
From a cop's perspective they evaluate it like this: There is a very high risk of a shit storm coming from someone releasing a video of me doing something questionable. Alternatively there is a fairly low risk that if I take or break that same person's camera that they will accurately identify me, find legal counsel, sue me and then stick out the trial backed by police union and LEO supporters. Even if all that happened, the likely outcome is that I would get suspended with pay.
So it seems pretty clear cut that for officers that would have the intention of obstructing first amendment protections, because of their actions, that any legal recourse is trivial compared to the alternative of letting anyone film whatever.
But live streaming is becoming more mainstream, and I think a cop would have to be dumb as rocks not to be aware of that fact. The shit storm due to a video of questionable activity is nothing compared to the shit storm of questionable activity that ends abruptly as the officer's boot meets the lens.
Until there is harsh punishment for officers who violate thie right, nothing will change.
The reality is, there is no punishment for violating someone's Constitutional rights. Nobody gets jailed for it. Until and unless that starts happening, this ruling is moot.
I think there's a legit concern around sharing everything, since so much of police work involves being a first responder to some really tragic things - I'd be pretty upset if the video of a loved one dying in a car crash popped up on YouTube. But storing everything for some limited period of time seems very reasonable.
This ruling effects New Jersey, Pennsylvania, and Delaware.
Similar rulings exist for Maine, Massachusetts, New Hampshire, Rhode Island, Wisconsin, Illinois, Indiana, Florida, Georgia, Alabama, Mississippi, Louisiana, Texas, Arizona, California, Nevada, Oregon, Idaho, Montana, and Washington state.
Hopefully the remaining circuit courts (most notably, the 2nd circuit which includes New York, Connecticut, and Vermont) will have similar rulings if the issue ever arises in those states.
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[ 3.0 ms ] story [ 41.7 ms ] threadKey term here is, may be sued.
I think it's great that these decisions are widespread and unambiguous, however on the street in real time, they basically don't matter.
From a cop's perspective they evaluate it like this: There is a very high risk of a shit storm coming from someone releasing a video of me doing something questionable. Alternatively there is a fairly low risk that if I take or break that same person's camera that they will accurately identify me, find legal counsel, sue me and then stick out the trial backed by police union and LEO supporters. Even if all that happened, the likely outcome is that I would get suspended with pay.
So it seems pretty clear cut that for officers that would have the intention of obstructing first amendment protections, because of their actions, that any legal recourse is trivial compared to the alternative of letting anyone film whatever.
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https://news.ycombinator.com/newswelcome.html
https://news.ycombinator.com/newsguidelines.html
The reality is, there is no punishment for violating someone's Constitutional rights. Nobody gets jailed for it. Until and unless that starts happening, this ruling is moot.
0. Citizen-led policing, e.g., what Michael A. Wood, Jr. advocates.
1. Police must face both criminal and civil liability, with mandatory insurance for the latter.
2. Selection must screen for those whom can stay cool: eg those with front-line battle experience don't get scared as easily.
3. Training must be exhaustive, continuous and realistic, situational, diplomacy and use-of-force.
* Open sourcing data to promote transparency and integrity.
* Whistle-blower protection of both civilians and law enforcement who witness and report misconduct.
* A national registry for those ever suspended/terminated for serious/repeated misconduct.
* Continual training and development beyond academy training.
* Transfer to different departments after a period of time in one department (as part of continual training).
* Yearly internal reviews by external (national) agencies
Similar rulings exist for Maine, Massachusetts, New Hampshire, Rhode Island, Wisconsin, Illinois, Indiana, Florida, Georgia, Alabama, Mississippi, Louisiana, Texas, Arizona, California, Nevada, Oregon, Idaho, Montana, and Washington state.
Hopefully the remaining circuit courts (most notably, the 2nd circuit which includes New York, Connecticut, and Vermont) will have similar rulings if the issue ever arises in those states.