Careful, photogs, that camera may still get you arrested

Questions still linger weeks after Americans won the right to photograph federal facilities without fear of being ridden to the pavement with a fist around their throats and a knee in their backs by government-sanctioned stooges bearing badges.

The first question might be how we lost such a right in the first place.

A second question is whether the settlement of a suit on October 18 between the New York chapter of the ACLU on behalf of libertarian activist Antonio Musumeci and the Department of Homeland Security will make any significant difference.

The lawsuit was launched after Musumeci, known to fellow libertarians as "Bile" for his "Blog of Bile," was arrested on November 9, 2009, while filming the arrest of freedom activist and Tyranny Fighter Julian Heicklen in front of the US District Courthouse in Manhattan where he was distributing Fully Informed Jury Association literature.

In the court settlement, the DHS admitted that it has no authority to prohibit individuals from photographing the exterior of federal buildings.

Does this mean, then, that the officer who illegally arrested Musumeci and confiscated the memory card from his camera will be prosecuted, disciplined, or in any way held accountable for his actions? Breath-holding is not recommended.

Also, the Federal Protective Service is required to send a memo its officers instructing them that they cannot prohibit photography of federal buildings.

Will this memo be followed? Here's a clue. After the conquest of Mexico the King of Spain memoed his people in the New World to treat all indigenous peoples with compassion and humanity. Result? The King covered his ass while his captains and clergy continued to rape, pillage, and plunder.

A recent article by Carlos Miller of Photography Is Not A Crime noted, "The settlement states that the DHS will have ten days to deliver the memory card to the U.S. Attorney’s Office, where they plan to use it as evidence in the case against Julian Heicklen, whom Musumeci was videotaping when he was detained."

So the last lingering question is how can the government use an illegally obtained memory card as evidence against an illegally arrested citizen? But let's not forget, this is not the Land of the Free, this is the Land of the Empire.

Good luck Julian Heicklen and good luck to all photographers.

Original report here




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