by Garret Ean
Mar 29 2012
Days after Simon Glik, the precedent-setting attorney arrested for recording police on the Boston Common, was awarded $170,000 for wrongful arrest, the attorney general of New Hampshire sent out a memo to law enforcement warning them against preventing civilians from recording them. Photography is not a Crime has the news on the Glik decision’s civil outcome.
Simon Glik, the attorney who last year forced the First Circuit Court of Appeals to affirm that recording police in public is not a crime, will receive a $170,000 settlement from the City of Boston, stemming from his 2007 arrest for recording police in a public park.
Even though criminal charges against Glik were quickly dismissed, it took five years to settle the case because police were seeking qualified immunity in making unlawful arrests, which would have protected them from such lawsuits. Obviously, they were under the impression that the long-standing legal principle of ‘ignorance of the law excuses no one’ did not apply to them.
Published yesterday at Free Keene was a copy of the memo from Michael Delaney’s office warning the state’s police departments about the civil penalties they could face if they interfere with videographers. The memo, rife with spelling errors, summarizes how the people’s right to record has been upheld, “…including a photographer taking photos of a car accident scene, a journalist video recording a crime scene, the fi[m]ling of a public official outside his home.”
The chief lawyer for the state signed off with, “If you have questions about how the Glick decision may impact your department’s policies and procedures, I would encourage you to consult with the attorney for your municipality or county.”