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NEWS ALERT: California DMV Training Materials For Staff Encourage “Call Law Enforcement” for “Uncooperative Visitors.” Is Engaging in Constitutionally Protected Activity Deemed to Be “Uncooperative” and a Crime?
An Auld Scottish Prayer, Methinks:
From Ghosties and Ghoulies and Under-Educated Public Employees,
Good Lord, Deliver Me!
We need to educate public employees and people who live in or are visiting the USA to the rights afforded to all under the 1st Amendment of the Constitution which is a great part of what truly makes America great! I hear so much carrying on about making America great when it is our Constitutional Rights that are already in place that are the foundation of America’s greatness and, in spite of that, there are public servants on all levels and members of the public who haven’t a clue of what our 1st Amendment Rights allow us to do freely in a constitutionally protected environment.
I have watched hundreds and hundreds of videos on YouTube displaying the most outrageous behavior of people who think they are in the right doing their best to obstruct the 1st Amendment Rights of individuals in public places and I want to pick up their silk scarf and help to get the word out to educate everybody who needs to know the ‘real deal’ which is a huge number of people everywhere in every state.
I have requisitioned video from the DMV where I live that got a visit from a fellow who wasn’t breaking any law and was not committing any crime but the manager of the DMV called 911 which resulted in the Sherrif’s Office and the California Highway Patrol coming out to see if they could deal with this lawful “intruder.” I also, under the Freedom of Information Act, requisitioned all correspondence and training materials related to how DMV employees are instructed to deal with someone who comes on premises with recording equipment/camera.
When I read the material, which I will share with you shortly at sabrams.net in the new section called 1st Amendment Rights when Traveling in the US (or something like that. . .go look it up!!), it is clear that the very confusing wording in the training materials which start out saying that photography, which includes video and other recording, are allowed in California DMV offices, it later blurrs that protected right by noting that the DMV staff should politely try to get the ID info of that visitor, which under 4th Amendment Constitutional Law is not required unless a crime is being committed, was committed or is about to be committed, and law enforcement, under those conditions only, asks for ID, if there’s no crime involved then no ID is required to be shown. But in the training material it say that if the staff of the DMV finds that the visitor is “uncooperative,” which probably means that they won’t stop recording, which they don’t have to do, they won’t give their ID, which they don’t have to do, they continue to take photos/record while standing in publically accessible areas of this public building, which they are absolutely allowed to do, then, the staff should call law enforcement because of this “uncooperative” conduct which is no illegal! It’s the training materials’ vagueness and blurry and confusing explanation of what the staff should do which is at the root of of the confrontational scenes that often ensue and harrassment that the person doing the photography experiences. And in too many situations, local law enforcement has no clue what the law is and does all the wrong things, often handcuffing, detaining and/arresting the visitor. . .a really bad look for tourism in any region! Sometimes, in some states, law enforcement really do a terrible disservice to the visitor and, depending on harm/damage done to body, property and violation of 1st and 4th Amendment guarantees under the US Constitution, towns, cities, departments, law enforcement officers and public employees get sued for huge sums of money. . . paid by taxpayers, for the most part.
So, while these “1st Amendment Auditors,” who truly perform an educational awareness service while putting their lives in danger, in too many cases over something completely legal, are doing their best to educate public servants and the public on our rights, one visit to a public place at a time, I want to take the time alert my radio and video audiences as well as my online visitors to the importance of knowing What Makes America Great. . . and it starts with the Constitution and, particularly, with the Bill of Rights which so many say is an important thing but have no clue what it says and what it means, not just on paper, but in practice.
So, as they might say on a US Navy ship:
NOW HEAR THIS! NOW HEAR THIS:
ACCORDING TO US LAW, NATIONALLY, THERE IS NO EXPECTATION OF PRIVACY IN PUBLIC!
GET THAT???
That’s the reason there are cameras on you almost from the minute you leave your house. The rationale that allows parks, street corners, libraries, DMVs, town halls, city halls, . . .name the pubic building or public space. . .allows you to be photographed and/or videoed without getting your oral or written permission to take those photos/videos is that “THERE IS NO EXPECTATION OF PRIVACY IN PUBLIC.” So, in public, you can’t tell someone they don’t have the right to take your photo. That may be true in China (as we were warned by our tour guide that if you see the police beating up on someone, DO NOT PHOTOGRAPH THE SCENE or they’ll come onto the tour bus or wherever you’re standing and confiscate your camera. If that same scene happened in the US or you just want to take photos in the library, or the post office, or wherever that is public, YOU HAVE A CONSTITUTIONALLY PROTECTED RIGHT TO DO JUST THAT and people who work in public places, and the visitors to those places are open-season for photos!
It is dastardly that public employees routinely call law enforcement who show up often in huge numbers as if there’s a robbery in progress when the person they are upset with is just someone with a camera or a cellphone whose camera they are using.
There is a lot you need to know on this subject and my plan is to go step-by-step and walk you through what you need to know.
I have watched too many cases where the person with a camera in a public place is victimized by public employees and police come and side with the oppressor and not the victim with the “dangerous” camera!
Please check in at sAbrams.net for more details as well and I’ll alert you here when we’ve added more. So much more to share with you on this subject. I just want you and your camera not to fall victim to aggressive public servants when you are in a public space documenting your experience there by photographing/recording what you are experiencing. You have rights and your rights don’t end where someone’s ignorance of the law or their fear of a camera begin.
Hugs to all y’all!
