Apparently, the Denver Police Department does not like news crews to film on the 16th Street mall. While tensions are high due to the Democratic National Convention, they felt that a news crew outside the Brown Palace should not film the Democrat politicians and donors as they left. The Blotter from Brian Ross reports:
Police in Denver arrested an ABC News producer today as he and a camera crew were attempting to take pictures on a public sidewalk of Democratic Senators and VIP donors leaving a private meeting at the Brown Palace Hotel.
Police on the scene refused to tell ABC lawyers the charges against the producer, Asa Eslocker, who works with the ABC News investigative unit.
A police official later told lawyers for ABC News that Eslocker is being charged with trespass, interference, and failure to follow a lawful order. He also said the arrest followed a signed complaint from the Brown Palace Hotel.
A large tip of the hat to Instapundit, who comments on the situation:
You can't make this stuff up. And, once again, this just illustrates why we need freedom-to-photograph legislation.
This is quite true. How can the police arrest a news producer out on the street? The First Amendment to the US Constitution and the Colorado Constitution protect individual and media rights. From the Colorado Constitution, Article II, Section 10:
Section 10. Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.
If the producer had cameras film these Democrats on the public sidewalk, then there is no reason to arrest the producer. In the past, the Denver Police Department arrested many people based upon a signed complaint without investigating if the complaint has any merit. Perhaps due to the small number of protesters in Denver for the Democratic National Convention, police are more eager to arrest than normal. However, the Denver Police Department should not abridge one's constitutional rights unless they perceive a clear and present danger.
I will be downtown later tonight and plan to take pictures and movies of various Democratic National Convention scenes. I will not refuse any police orders to leave the scene as I have no desire to enter city jail. However, any police officer who asks me to leave when I am lawfully taking pictures or filming will have his name and badge number recorded and reported to the proper authorities after the convention madness ends.
by Civil Sense
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