Coincidentally, just four days after Chabot took this extraordinary measure to prevent embarrassing clips of him from appearing on YouTube, the U.S. Court of Appeals for the First Circuit handed down an opinion saying citizens have a right to film police engaged in their official duties. The court’s reasoning, however, has very clear implications for Chabot’s camera ban:
Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.'” […]
The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press. […] The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.
Chabot might take some small comfort in the fact that he does not reside in the First Circuit — Ohio is part of the much more conservative Sixth Circuit — but Chabot should not expect the right-leaning judges on his home circuit court to bail him out. As the First Circuit notes, at least three other appeals courts and numerous trial courts agree with their holding that government officials cannot simply ban cameras.
Moreover, Chabot’s case is weakened by his entirely arbitrary rule that only media may bring in cameras. While it is possible to imagine official government actions where no cameras should be present — a meeting of top-level national security officials, for example — Chabot’s willingness to allow some people to bring cameras and not others gives the lie to his already-weak claim that there is a legitimate reason to keep his town hall secret.
(HT: Jason Easley)