Image result for Federal Court Rules Citizens Have No Right to Film Politicians & Police in PublicContradicting the rulings of six other federal courts, the Eighth Circuit Court of Appeals annihilated free speech rights in upholding a district court decision stating citizens do not have the right to film public officials — politicians, police, and others — in public.

In affirming the decision of the lower court to dismiss, the Eighth Circuit effectively ended free speech activist Matthew Akins’ challenge to the Columbia, Missouri, Police Department, which he accuses of unlawfully stopping and arresting him on multiple occasions — though nearly all charges were later dropped — as he filmed their encounters with the public, in public.

Akins says the spate of arrests and harassment from law enforcement is brazen retaliation for the nature of his activist work — filming officers on the job.

As a journalist and founder of Citizens for Justice in 2011, a group committed to monitoring police for accountability purposes, Akins frequently stopped to record officers’ interactions with the general public — a tactic employed by a plethora of civilian impartial observation groups to stem an epidemic of police violence and veritable impunity in courts, so common to law enforcement officers who misbehave.

Judge Nanette Laughrey penned in the stunning decision Columbia Police officers indeed had probable cause to arrest Akins each time, and — again, contrary to previous rulings from six circuit courts —that “he has no constitutional right to videotape any public proceeding he wishes to.”

Attorney Stephen Wyse already filed an appeal on Wednesday for the court to rehear the case — originally filed against Boone County Prosecutor Dan Knight, two former Boone County assistant prosecuting attorneys, and several members of the Columbia Police Department — as he contended unequivocally, prior,

“You can’t target journalists because you don’t like their reporting.”

ABC affiliate KMIZ reports,

“Wyse took issue with Laughrey’s decision to stay on the case, despite his request she recuse herself. Laughrey’s husband, Chris Kelly, was the head of a city task force on infrastructure, which could have skewed her decisions in a case against the city, Wyse claimed. While federal law does call for a judge’s recusal, the appeals court said nothing in Akins’ case rose to the level of bias or prejudice against his case.”

While the topic of filming the police — of particular interest to law enforcement accountability activists, First Amendment advocates, and others concerned for decaying free speech rights — appeared in federal court before, Laughrey’s ruling goes against precedence established by the First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits, which decided the Constitution guarantees the right to film public officials in public settings, as long as recording does not interfere.

In fact, Judge Thomas Ambro wrote the decision for the Third Circuit Court of Appeals in a similar casecomprised of separate instances in which Philadelphia law enforcement actively thwarted the efforts of two citizens, Amanda Geraci and Richard Fields, to film arrests. Both sued for violations of their civil rights, and — like many other litigants — won.

“The First Amendment protects the public’s right of access to information about their officials’ public activities,” Ambro clarified, adding that access “is particularly important because it leads to citizen discourse” on public and private issues — an exalted exercise of that preeminent protection. The government, ruled the judge, is prohibited constitutionally from “limiting the stock of information from which members of the public may draw.”

American law enforcement, on the whole, has not responded hat graciously to civilians whipping out cell phones and video cameras to record encounters in public — though filming police can indeed provide additional pictorial and audio evidence in the event of contention or disputation.

“Bystander videos provide different perspectives than police and dashboard cameras, portraying circumstances and surroundings that police videos often do not capture,” Ambro continued“Civilian video also fills the gaps created when police choose not to record video or withhold their footage from the public.”

Laughrey, however, broke ranks in a manner which could portend a precarious existence of certain First Amendment rights — rights which had previously been assumed by the public and averred in peer courts. States comprising the Eighth Circuit are Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota.

“The First Amendment is a core American value,” Wyse asserted in a press statement following the decision’s astonishing departure from precedent. “The right to free speech and a free press are central to our liberty and our ability to hold our government accountable. This holding of the 8th Circuit undermines the basic rights of Missourians and the citizens of the six other 8th Circuit states and undermines the First Amendment rights for all Americans.”

Reports indicate Akins — barring an unlikely rehearing in the Eighth Circuit Court — may indeed appeal his case to the Supreme Court. Because multiple federal judges have upheld the right to film police and public officials as a constitutionally-protected activity on multiple occasions, the ramifications of Laughrey’s ruling may not be as far-reaching and detrimental as appears now — but the ultimate litmus test seems inevitably poised for SCOTUS.

In the meantime, irascible law enforcement officers keen to prevent civilians from filming their activities would do well to remember two crucial points: recording public officials keeps them responsible and accountable for their actions — but can also protect them in situations of disputing claims. After all, raw video recordings — not police, officials, or citizens — have no need of mendacity and duplicity.

“We ask much of our police,” Ambro wrote in the July decision. “They can be our shelter from the storm. Yet officers are public officials carrying out public functions, and the First Amendment requires them to bear bystanders recording their actions. This is vital to promote the access that fosters free discussion of governmental actions, especially when that discussion benefits not only citizens but the officers themselves.”

Laughrey, unfortunately, did not agree — and now the public has yet another constitutionally-protected right left dangling by a fraying thread.

http://www.dcclothesline.com/2017/08/11/federal-court-rules-citizen...

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That is true Ron, I believe that the communist liberals hope that we will act   with emotion to what they are doing to us. Instead of using our intelligence to return the country to like our forefathers intended it to be.  I also know that I have to watch what I say on here, because it seems to find it's way to the open internet.

America must find the resolve to ORGANIZE its people to resist the overt subversion of its heritage and Constitution... When such legal decisions become routine it is time to actively resist such tyranny.  

We must look for LEADERS with the RESOURCES to effectively organize the people on a National level... the President could do just that if he would.  He obviously understands that he doesn't have the support of the Political Establishment in either political party and must understand that his power rests with the people and his ability to mobilize them... to put boots in the main streets across America... demanding a 'Recall and Term Limits Amendment' to the Constitution.

America must RECALL every elected and appointed federal official... including all federal judges, subject to new elections and appointments. The Several States must call an  Article V Convention as there is no longer any hope that Congress will act to reform the government.  The Convention must Amend the Constitution by passing a Term Limits and Recall Amendment... Recalling all sitting elected and appointed officials and establishing Term Limits on all future elected and appointed officials: ONE TERM of 6 yrs., with 1/3rd standing for election and appointment every 2 yrs.  We will not see any of the existing public officials espousing such reforms. They will not give up their power willingly, it must be taken from them by one of two means: 1) An Article V Convention of States and the passage of a RECALL and TERM LIMITS AMENDMENT... or 2) by force of arms and a civil war... The first action being the preferred and most efficient means. 

Any expectation that the current political process will return Constitutional government is foolishness... the system is RIGGED as Pres. Trump so aptly put it. The People no longer have a franchise on the electoral process... they are being lied to and defrauded by their political leaders. There is not one righteous, no not one, professional politician worthy or our TRUST.

Pres. Trump is not a professional politician... He holds the keys to our liberty. If he will organize the people and call on them DIRECTLY to remove Congress, and those who have usurped the people's power,he may well drain the swamp. In fact, he may also need to call on them to remove several of the States Executives and Legislatures... who have ignored the people and will not heed their calls for Constitutional reform.

So Trump needs to take to the airwaves and announce to the people our alternatives after he explains the condition America is in. The first state of the union address would be a good opportunity to do so. Then the ultimatum of Art V convention of states but I doubt he would give the option of civil war. We would have to come to that conclusion, I do believe many have already reached that point.

We are not doing services today and I'm being called to the kitchen 4 5gal buckets of tomatoes are being prepared for stewed tomatoes pressure cooker canning.

Trump needs to create a new political wing (caucuses) within the GOP and Democrat Party... a Patriot wing/caucus that calls on all Americans to resist the Establishment... too, return America to its Constitutional roots.  Both political parties have betrayed America and are not worthy of  the People's support.

It will be  necessary to work peacefully... within both political parties, recognizing the reality that exist, if we are to peacefully return the Government to the People... that our Government may be of the people, for the people and by the people.  Pres. Trump can do this by organizing and co-opting the existing political structure... overturning its corrupt leadership, thru the use of peaceful demonstrations, and organizing massive challenges to its corrupt leadership... at the polls... in the primaries and general elections.

Trump has the bully pulpit of the Presidency... to expose the sins of both political parties and the DC swamp for what they really are... subversive and treasonous groups, composed of special interests, who seek to use the government, in order to enslave America,  too put America under the heal of a New World Order.. A fascist and socialist government ...run by a few... an oligarchy of the rich and powerful.

However, if we fail to find a LEADER willing and capable... with the resource, to organize the people... any efforts to reform are over... before they get started.

YES, you are exactly right. The Conservative Caucus is already there, if Trump would support them, and ask Congress to come over to the Constitution, it would be a great beginning back from the precipice of hell that is this country.

'Recall and Term Limits Amendment' to the Constitution.  Good point.

        I THINK THIS IS GOING TO BE PUT DOWN !!   THIS JUDGE RULING WILL NEVER HOLD !!  IT IS AGAINST OUR RIGHTS IN THE USA !!  THERE WAS PRO LAWS THEY SAY OTHER WISE AND YOU CAN'T CHANGE THEM WITHOUT CHANGING CONSTITUTION !!

Why isn't this liberal brain dead judge removed from office by President Trump.

Joseph, Because your country is gone unless American Patriots are willing to stand up that oath is more than words it's time to tell them and act if they don't listen. They will continue until we exercise our constitutional rights an oath, then they will run for the hills. So help me God. I am protected and I proclaim it here and now.

I  have stood up to a lot of liberals and when they can't bully you they run.

Trump can not remove a Judge... they must be IMPEACHED by Congress. It is Congress that has permitted the decay of our Judicial system along with every other institution of the federal government.

Congress has failed the American People and it continues to ignore its duty to the Constitution and the People.

Thanks  Ron, I should of known that, but my emotions sometimes get the best of me.

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LIGHTER SIDE

Political Cartoons by AF Branco

Political Cartoons by Lisa Benson

Political Cartoons by Henry Payne

ALERT ALERT

FBI Text Should Alarm Every American

Lisa Page and Peter Strzok, the reported FBI lovebirds, are the poster children for the next “Don’t Text and Investigate” public service ads airing soon at an FBI office near you.

Their extraordinary texting affair on their government phones has given the FBI a black eye, laying bare a raw political bias brought into the workplace that agents are supposed to check at the door when they strap on their guns and badges.

It is no longer in dispute that they held animus for Donald Trump, who was a subject of their Russia probe, or that they openly discussed using the powers of their office to “stop” Trumpfrom becoming president. The only question is whether any official acts they took in the Russia collusion probe were driven by those sentiments.

The Justice Department’s inspector general is endeavoring to answer that question.

For any American who wants an answer sooner, there are just five words, among the thousands of suggestive texts Page and Strzok exchanged, that you should read.

That passage was transmitted on May 19, 2017. “There’s no big there there,” Strzok texted.

The date of the text long has intrigued investigators: It is two days after Deputy Attorney General Rod Rosenstein named special counsel Robert Mueller to oversee an investigation into alleged collusion between Trump and the Russia campaign.

Since the text was turned over to Congress, investigators wondered whether it referred to the evidence against the Trump campaign.

This month, they finally got the chance to ask. Strzok declined to say — but Page, during a closed-door interview with lawmakers, confirmed in the most pained and contorted way that the message in fact referred to the quality of the Russia case, according to multiple eyewitnesses.

The admission is deeply consequential. It means Rosenstein unleashed the most awesome powers of a special counsel to investigate an allegation that the key FBI officials, driving the investigation for 10 months beforehand, did not think was “there.”

By the time of the text and Mueller’s appointment, the FBI’s best counterintelligence agents had had plenty of time to dig. They knowingly used a dossier funded by Hillary Clinton’s campaign — which contained uncorroborated allegations — to persuade the Foreign Intelligence Surveillance Act (FISA) court to issue a warrant to monitor Trump campaign adviser Carter Page (no relation to Lisa Page).

They sat on Carter Page’s phones and emails for nearly six months without getting evidence that would warrant prosecuting him. The evidence they had gathered was deemed so weak that their boss, then-FBI Director James Comey, was forced to admit to Congress after being fired by Trump that the core allegation remained substantially uncorroborated.

In other words, they had a big nothing burger. And, based on that empty-calorie dish, Rosenstein authorized the buffet menu of a special prosecutor that has cost America millions of dollars and months of political strife.

The work product Strzok created to justify the collusion probe now has been shown to be inferior: A Clinton-hired contractor produced multiple documents accusing Trump of wrongdoing during the election; each was routed to the FBI through a different source or was used to seed news articles with similar allegations that further built an uncorroborated public narrative of Trump-Russia collusion. Most troubling, the FBI relied on at least one of those news stories to justify the FISA warrant against Carter Page.

That sort of multifaceted allegation machine, which can be traced back to a single source, is known in spy craft as “circular intelligence reporting,” and it’s the sort of bad product that professional spooks are trained to spot and reject.

But Team Strzok kept pushing it through the system, causing a major escalation of a probe for which, by his own words, he knew had “no big there there.”

The answer as to why a pro such as Strzok would take such action has become clearer, at least to congressional investigators. That clarity comes from the context of the other emails and text messages that surrounded the May 19, 2017, declaration.

It turns out that what Strzok and Lisa Page were really doing that day was debating whether they should stay with the FBI and try to rise through the ranks to the level of an assistant director (AD) or join Mueller’s special counsel team.

“Who gives a f*ck, one more AD like [redacted] or whoever?” Strzok wrote, weighing the merits of promotion, before apparently suggesting what would be a more attractive role: “An investigation leading to impeachment?”

Lisa Page apparently realized the conversation had gone too far and tried to reel it in. “We should stop having this conversation here,” she texted back, adding later it was important to examine “the different realistic outcomes of this case.”

A few minutes later Strzok texted his own handicap of the Russia evidence: “You and I both know the odds are nothing. If I thought it was likely, I’d be there no question. I hesitate in part because of my gut sense and concern there’s no big there there.”

So the FBI agents who helped drive the Russia collusion narrative — as well as Rosenstein’s decision to appoint Mueller — apparently knew all along that the evidence was going to lead to “nothing” and, yet, they proceeded because they thought there was still a possibility of impeachment.

Impeachment is a political outcome. The only logical conclusion, then, that congressional investigators can make is that political bias led these agents to press an investigation forward to achieve the political outcome of impeachment, even though their professional training told them it had “no big there there.”

And that, by definition, is political bias in action.

How concerned you are by this conduct is almost certainly affected by your love or hatred for Trump. But put yourself for a second in the hot seat of an investigation by the same FBI cast of characters: You are under investigation for a crime the agents don’t think occurred, but the investigation still advances because the desired outcome is to get you fired from your job.

TEA PARTY TARGET

 Trump Poised To Take
 Control Of The Federal Reserve 

  • The Fed doesn’t stabilize markets and money — it does the opposite
  • President Trump sharply criticized the Federal Reserve this week, saying interest rate increases are hurting the economy.
  • Trump will have the opportunity to fashion the central bank in the image he would like as he has four vacancies to fill on the board of governors.
  • The result could be a more politicized Fed.

President Donald Trump has multiple reasons as to why he should take control of the Federal Reserve. He will do so both because he can and because his broader policies argue that he should do so. The president is anti-overregulating American industry. The Fed is a leader in pushing stringent regulation on the nation. By raising interest rates and stopping the growth in the money supply it stands in the way of further growth in the American economy.

First, He Can

The Board of Governors of the Federal Reserve is required to have seven members. It has three. Two of the current governors were put into their position by President Trump. Two more have been nominated by the president and are awaiting confirmation by the Senate. After these two are put on the Fed’s board, the president will then nominate two more to follow them. In essence, it is possible that six of the seven Board members will be put in place by Trump.

The Federal Open Market Committee has 12 members and sets the nation’s monetary policy. Seven of the 12 are the members of the Board of Governors. Five additional are Federal Reserve district bank presidents. Other than the head of the Fed bank in New York, who was nominated by the president, the other four can only take their positions as district bank presidents if the board in Washington agrees to their hiring. One of these, the Fed Bank president in Minneapolis, Neel Kashkari, is already arguing for no further rate increases.

Second, Regulation

Following the passage of the Dodd Frank Act in July 2010, the Fed was given enormous power to regulate the banking industry. It moved quickly to implement a number of new rules. The Fed set up a system that would penalize banks that failed to obey its new rules. These rules included setting limits as to how big an individual bank could be; how much money the banks had to invest in fed funds and Treasurys as a percent of their assets; which loans were desirable and which were not; where the banks had to obtain their funding and many, many, more up to and including how much a bank could pay its investors in dividends.

These rules have meaningfully slowed bank investments in the economy (the Volcker Rule) and they have had a crippling effect on bank lending in the housing markets (other agencies have had an impact here also).

Thus, of all of the government agencies the Fed has been possibly the most restrictive. The president has already moved to correct these excesses by putting in place a new Fed Governor (Randal Quarles) to regulate the banking industry.

Three, Killing Economic Growth

In the second quarter of 2018, the growth in non-seasonally adjusted money supply (M2) has been zero. That’s right, the money supply did not grow at all. This is because the Fed is shrinking its balance sheet ultimately by $50 billion per month. In addition, the Fed has raised interest rates seven times since Q4 2015. Supposedly there are five more rate increases coming.

This is the tightest monetary policy since Paul Volcker headed the institution in the mid-1980s. It will be recalled his policies led to back-to-back recessions. Current Fed monetary policy is directly in conflict with the president’s economic goals.

Moreover, the Treasury is estimating it will pay $415 billion in interest on the federal debt in this fiscal year. A better estimate might be $450 billion if rates keep going up. There are a lot of bridges and tunnels and jobs that could be created with this money.

Then there is inflation. It is likely to rise if the Fed eases its policies. If that happens paying down the federal debt becomes easier. On a less desirable note, higher interest rates lower real estate values. Lower rates that stimulate inflation increase real estate values.

Bottom Line

The president can and will take control of the Fed. It may be recalled when the law was written creating the Federal Reserve the secretary of the Treasury was designated as the head of the Federal Reserve. We are going to return to that era. Like it or not the Fed is about to be politicized.

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