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Filming the Police: The First Amendment Retaliation Claim
Produced on January 24, 2017
Course Information
Course Description
With the advent of high powered video cameras in personal cellular phones, police misconduct is increasingly captured on camera. Unfortunately, law enforcement officials often react negatively to being filmed. This section will cover what to do when your client has been the victim of retaliation for filming law enforcement.
This presentation will investigate the First Amendment ramifications of filming the police. This will include a review of how First Amendment retaliation claims operate, what is needed to make a showing of retaliation, and how filming the police fits into the claim.
Learning Objectives:
- Understand the elements and practical uses of a First Amendment Retaliation claim, including overcoming qualified immunity defenses
- Review the state of the law, including which circuits have found a “right to film” to be clearly established
- Explain suggested strategies to argue that filming the police is a traditionally First Amendment protected activity
Credit Information
Faculty
David Rankin
Rankin & Taylor, PLLC
David B. Rankin has been actively involved in numerous first amendment cases and in the defense of protesters and bystanders arrested at or around demonstrations. During the Republican National Convention in 2004, he helped lead the National Lawyers Guild’s legal response to unconstitutional police practices by organizing nearly 1,000 lawyers and legal workers. Over the last 10 years Mr. Rankin has represented 100s of plaintiffs in lawsuits against the NYPD, the City of New York, and other municipalities.
Mr. Rankin has been invited to conduct legal trainings for lawyers on civil rights matters at the Practicing Law Institute, New York County Lawyers Association, the Legal Aid Society, the Federal Bar Counsel, amongst others. Additionally, Mr. Rankin has lectured on policing issues at the area law schools.
Mr. Rankin received a B.A. from Reed College and a J.D. from New York Law School. While in law school was an assistant to the past President of the ACLU. He is a member of the New York City Chapter of the National Lawyers Guild. He is the proud father of Eva Lucia and happy husband to Alexandra Goncalves.
Reviews
Loved this one. Relevant, really useful material. Well done.
Great illustration of which Circuits (1, 7, and 9) have a right and where it has not yet been recognized as a right.
Very good substantive written materials.
Solid course on an important topic.
Excellent!
great
Nearly a daily news event now, so very pertinent and helpful.
Thorough presentation.
Very good presentation- interesting topic
Love the speaker's passion!
video only. no written materials utilized. EXCELLENT speaker
interesting and very informative
fantastic
Very interesting topic, and the speaker was genuinely interested in the subject matter.
A great and timely presentation! We are seeing more interaction between govt officials and citizens with the proliferation of mobile devices.
Superb presentation
A useful and well presented topic. Thanks.
We need more lawyers like Rankin to keep the cops honest.
Hot concept, but presentation was hard to follow
Germane topic, well done.
David Rankin is one of the most intelligent and erudite speakers I have ever heard. Wow!
Good speaker and informative topic.
Excellent presentation!
Good speaker: practical & realistic.
More like this!
FANTASTIC LECTURE
Outstanding and very informative seminar
Very interesting!
Good course on an interesting and timely topic.
The presenter’s style captures listener’s interest and makes the subject comprehensible. Additionally, the program delivers sound, practical, commonsense advice pairing it with a 144-page resource supplement consisting primarily of relevant cases.
Very informative!
The speaker is passionate about the importance of these civil rights.
Motivating!
Timely topic. Great presentation. Thank you!