Citizens have a First Amendment right to record in public spaces, including sidewalks, without obtaining permission from private business owners or law enforcement, and law enforcement cannot compel individuals to identify themselves or remove cameras from public forums without reasonable suspicion of criminal activity, as established by Supreme Court precedent including Terry v. Ohio.
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Amagansett Press REFUSES Order To Stop Filming - "Tyrant Cop"Ajouté :
Put that down. You're going to talk to me.
>> I'm not going to put my camera down.
>> You can put your camera down. It'll still record.
>> I'm not putting my camera down. What?
What is the issue?
>> The issue is >> Let's start with that. My name is Jason.
How are you?
>> I'm fine, Jason.
>> And you are?
>> I'm Officer Chef.
>> Nice to meet you, Officer Chef.
>> Why don't we have a cordial conversation? Deescalate a little bit here.
>> It was at this exact moment that a clueless officer from the Scottsdale Police Department realized she had messed with the wrong journalist.
Instead of upholding the Constitution, this officer attempted to enforce the fragile feelings of a Karen who simply didn't like being filmed from a public sidewalk. Today, we are going to watch the legendary Amaganset press completely dismantle these tyrant cops with nothing but intellect, patience, and a flawless understanding of First Amendment law.
Let's begin.
>> Hi. Can I help you guys?
>> Are you guys uh what are you guys filming? What are we filming? Yeah. Go in front of your store right here.
>> Oh. Uh, for what?
>> For what?
>> For what? Yeah.
>> Video that I'm working on.
>> Okay. Hold on. Let me >> What are you guys up to?
>> What are you doing?
>> Sorry, I can't hear you cuz >> What are you guys up to? I haven't given any permission to record.
>> You haven't given me permission to record?
>> Yeah. You record my face. You need my permission. What? How?
>> What' you call me for?
>> Well, you record and you're recording.
That disrespectful.
>> It's not being disrespectful. Sticking your hand in somebody's hand.
>> No, it's my business.
>> Why don't you guys just go back to work?
Have a nice day.
>> You ever think this might be going somewhere and you might get some good publicity for your store instead of acting like a food?
>> I'm not asking for that. I'm asking I would like people come and say, "Hey, did you mind if we record something?"
That would be nice.
>> Not with your attitude. No, I wasn't with my attitude. You start to record without asking.
>> No, you have a terrible attitude. I'm sure I'm not the first person to tell you that.
>> No, you are very disrespectful.
>> Okay.
>> Why don't you just have a good night?
Start all over again.
>> So, you don't want I need your permission to film you is what you're telling me, right? But you're allowed to film me.
>> You're filming me?
>> Oh, so that means you're allowed to >> Mhm. You didn't ask for my permission, so I will ask for yours.
>> Okay. tells you what to do.
>> We can have Scottsdale PD ask you to leave.
>> Excuse me.
>> We can have Scottsdale PD ask you to leave.
>> You can have Scottsdale come here and educate you and tell you what a fool you're acting like.
>> I'm acting like a fool.
>> Yes.
>> Have you called the police?
>> I'm about to >> call them.
>> Yeah, I'll educate you.
>> Tell you to go back to work.
>> Notice how the agitated citizen immediately tries to invent her own laws. She falsely claims that Jason needs her permission to record in a public space. This is a classic intimidation tactic used by people who cannot control their emotions. But Jason refuses to bow down. Unable to handle the presence of a camera in public, she does what tyrants always do. She calls the police, hoping they will do her dirty work and act as her personal security guards. Now, let's watch as law enforcement arrives, only to walk right into a constitutional trap of their own making.
>> C A C H A R Y.
>> You guys are silly.
>> So, the cops coming? They're running away.
>> Yeah.
>> Should I wait for them?
>> Yeah.
>> Okay. I really wish it wouldn't have been rude. We could have had a nice conversation.
I don't think you understand the meaning of disrespect.
>> Well, here we go.
>> Oh, me too.
>> How we doing?
>> Good. How are you?
>> How's it going?
>> Hi there.
>> Hi.
>> How are you?
>> Good.
>> Good.
I am asking the gentleman to stop recording us because I don't feel comfortable being a camera and my client be able to leave the store cuz she doesn't want to leave.
>> I don't know. They have been there. I'm recording there too to uh prove everything they have been saying to us.
So everything is recorded. So if my client has be able to leave them safe, they can do that because they're outside.
>> Put that down. You're going to talk to me.
>> I'm not going to put my camera down.
>> So, you can put your camera down. It'll still record.
>> I'm not putting my camera down. What?
What is the issue?
>> The issue?
>> Let's start with that. My name is Jason.
How are you?
>> I'm fine, Jason.
>> And you are?
>> I'm Officer Chef.
>> Nice to meet you, Officer Chef. Why don't we have a cordial conversation?
Deescalate a little bit here.
>> Well, >> you got a one-sided story. You haven't spoken to me yet. No, I have a patron who cannot leave the store because she doesn't want to be on your camera and you're refusing to put the camera down so that we can have a cordial conversation.
>> I don't need to put my You're not going to put your camera down anyway. I don't get to. Let's have Neither do I. Neither do I. Nice try. So, let's have the cordial conversation. I'm out on a public sidewalk taking some video and this woman wants me to stop videoing a public sidewalk so her client can leave.
>> She doesn't want you to video her store.
>> Listen to the absolutely absurd excuse.
this officer just used to try and justify an unlawful order. She claims that a patron is quote trapped inside the store simply because Jason is holding a camera on the public sidewalk outside. But let's be very clear, Jason is not physically blocking the door. He is not restricting anyone's movement.
The patron is completely free to leave at any time. The only thing keeping her inside is her own irrational fear of being recorded in public.
>> That's private property, not a public sidewalk. Do you really believe that?
>> That her store is hers. Yes, I do.
>> That I can't film it from the sidewalk.
>> I didn't say that. I said she doesn't want >> Let's cut through the chase. Let's cut through the chase. I know the law better than you do, and I'm not putting my camera on those. So, what are you going to do about it?
>> Why are you here?
>> I'm filming the sidewalk.
>> What?
>> The sidewalk is this.
>> I'm filming people walking. I can film anything my eyes can see.
>> You know the deal. You know the story.
So, don't go there.
>> Well, you already insulted me and said I don't. But, uh >> No, I didn't say you don't. I said I know people better than you.
>> You're filming the store.
>> Because I'm filming people. I'm going from one business. Not that I owe you an explanation, but I'm going to give you one. No, I don't.
>> Because I'm not going to give you one in front of a private business, >> blocking the entry and exit.
>> I'm standing right over here. Nobody's blocking any entrances. I'm trying to me now that you moved.
>> Instead of educating the dramatic Karen inside the store and explaining to her that she has no expectation of privacy in public, this officer takes the lazy route. She decides to act as an armed bouncer for a private business, attempting to bully a peaceful journalist into surrendering his First Amendment rights just to make a random citizen feel more comfortable. But Jason knows the law better than the police do, and he is not about to back down.
>> So, you're not going to tell me why you're here.
>> I told you why I'm here.
>> No, you said you're filming the sidewalk.
>> I'm making a video.
>> That's not the sidewalk.
>> I can film anything I want. I can fil I'm filming you. I can film inside the store. I can't go into her store unless she invites me in.
>> You don't even I'm just asking for >> why you're filming her store. It's making >> because that's what I feel like doing.
>> So, you're just instigating?
>> No, not at all. I've been I've been out here for hours going store to store, 5 10 minutes in front of each store.
>> So, you've been here for hours filming 5 to 10 minutes at each store. That's correct. So, you have quite a bit of footage of the stores. But because somebody asked you to leave, now you have to what? Harass her.
>> I wasn't harassing her. I stayed here because she called you. I would have been gone already.
>> Feel free to go.
>> Am I free to go?
>> Yeah.
>> Okay. So, so I'm free to stay.
>> No.
>> Sure.
>> Okay. 306. Can you start either 63 or 64?
>> And a matter of fact, I'll take a supervisor. I'd like to speak to your sergeant.
>> Oh, I bet you would. This way.
>> Good.
DC for DC.
>> Here's everything that I have said.
>> Uh, what's your name?
>> For your feet.
>> You are going to give it to me.
>> For what?
>> Because we're investigating a crime.
>> A crime? Me standing on the sidewalk. I haven't said a word the whole time.
>> That's what you say.
>> This is where the officer's ignorance of the law is fully exposed. When the officer couldn't legally force Jason to put his camera down, she immediately escalated to demanding his identification. To justify this, she claimed she suspected him of disorderly conduct. But under the Fourth Amendment and established by the Supreme Court case Terry v. Ohio, an officer cannot compel you to identify yourself unless they have reasonable, articulable suspicion that you have committed, are committing, or are about to commit a specific crime. Standing on a public sidewalk with a camera does not meet the legal definition of disorderly conduct in any state. Jason knew this, which is exactly why he completely stonewalled her unlawful demand.
>> You said your supervisor is on the way, right? Yeah.
>> Okay. So, we're going to wait and speak with him.
>> No.
>> Yeah.
>> You seem real confused about >> I'm really not >> the fact that we were called here for a reason.
>> You were called here for somebody taking video on a public sidewalk >> of a private business preventing someone who doesn't want to be on anybody to leave.
>> That's Do you think that's legal? What What What statute would I be violating if that's the case?
>> Causing a disturbance at this No, I'm really not. She caused her own disturbance.
>> The patron caused her own disturbance.
>> The owner of the shop.
>> The owner of the shop.
>> The patron >> decided No, the owner of the shop.
>> The patron is inside this store who doesn't feel comfortable to leave cuz you're in a pissing match with this owner.
>> I'm not in a pissing match. I stayed here waiting for you because she told me she called you.
>> What do you want me to do? Run away and leave so you can go look for me? I'm not running anywhere.
>> Well, >> I stayed here waited for you >> to be combative and not provide any information. You came out with an attitude and I told you what I'm doing and I asked you if you wanted to deescalate, calm down and have a cordial conversation. You don't want to do that.
You want to bark unlawful orders at me and tell me to do things I don't know what to do.
>> Right. Got it.
>> And you just told me I was free to go.
>> So you're not you're not investigating your crime. I don't have to leave.
>> You're refusing.
>> I'm on a public sidewalk. You can't trespass me from public sidewalk unless I trespass. Good.
>> Well, why would I have to leave then?
You asked if you could leave. I said yeah.
>> Right. For the purpose of telling you then that means I can stay.
>> Okay.
>> Exactly right.
>> That's not But >> it is.
>> And listen, I'm not trying to give you a hard time. I'm not trying to give you a hard time. Okay.
>> Are you kidding me right now?
>> But I'm not stand I'm not going to stand here. I'm not going to stand here and get my rights violated by somebody who doesn't know the law.
>> Are you kidding me?
>> No.
>> You've insulted us from the moment we got here.
>> Nobody's insulting you.
>> You're more knowledgeable about everything. Not about everything.
Identify yourself. Not about everything.
>> You're filming a sidewalk.
>> When it comes to When it comes to the law, as far as me when it comes to the law, as far as me standing on a public sidewalk, take a video. I've been doing it for 35 years. I know the law.
>> Listen closely to this classic police intimidation tactic known as the soft trespass. Knowing she lacks the legal authority to force Jason off a public sidewalk, the officer tries to guilt trip him into leaving just to make a patron feel comfortable. She falsely claims he isn't allowed to record a private business from a public space, but Jason knows the sidewalk is a traditional public forum. He delivers an absolute checkmate by reminding her she cannot issue a lawful order to make him move. Stripped of all her power, the defeated officer is now forced to call her sergeant.
>> How you doing, guys?
>> How you doing, S?
Well, you tell me.
>> So, well, my name is Jason, by the way.
>> Jason, how you doing? Nice to meet you, Sergeant Ro.
>> How you doing, man?
>> Good. So, uh, we're on YouTube. I don't know if you ever seen our videos before.
We are. So, we make travel videos for YouTube. We've been here since early in the afternoon walking around the whole town.
>> Okay.
>> Uh, basically what we do is we go in front of each business, 5 10 minutes, get some people walking in and out.
Usually wind up having some funny >> entertaining conversations with people.
Okay. business owners, customers, whatever. So, we're coming down this way. We just had a couple nice interactions with people down here.
Stopped here, started filming, and this lady came out, told me to stop filming.
The guy that works for her said, "Stop filming because she has a customer that wants to leave the store."
>> I said, "Your customer didn't leave us."
I'm standing all the way out here. I was nowhere near her door.
>> Okay.
>> So, then she insisted that I stop filming. I said, "I'm not going to stop filming. I'm out here. But for you coming out here, I wasn't even filming you. I'm just sidewalking on of the day, things happening. Front of the store was in the shot and uh she said she was going to call the police. So she called you guys up. I said, "I'll stay here and wait."
>> Okay. So would you say that whatever you were doing was causing a disturbance for her business?
>> No. I think her coming out yelling at me, sticking her hand in my lungs, >> doing all that might have. I don't know.
>> Do you think that this makes everyone comfortable?
>> This makes everyone comfortable?
>> Listen very closely to the sergeant's argument. He doesn't cite a single law, statute, or penal code. Instead, he repeatedly relies on the word uncomfortable. What this sergeant is doing is attempting to enforce feelings rather than the law. Federal courts have ruled time and time again that First Amendment rights do not end simply because someone else feels offended or annoyed by a camera. The police are sworn to uphold the Constitution, not to act as armed customer service agents for angry pedestrians. Realizing that Jason is completely unbothered by their presence, the officers are left with only one option, absolute humiliation.
Well, that's a whole another discussion.
But that's what I'm asking you because >> Sure. I'll answer. Some people love being some people and some hate it.
Right. Right.
>> Okay. So, >> that's why I make sure you doing what you do, >> wouldn't it make sense if somebody comes to you and has an issue with what's going on and it's just causing problems in front of the business to just move along?
>> Well, I'll tell And if she didn't call you, I would have been gone. And like I said, I'm in front of each.
>> Well, how long have you been here? since we first got here. Probably a half an hour cuz I stayed >> No, I mean in front of this particular store.
>> I was here for probably less than a minute when she first came out.
>> How long have you been here?
>> 20 minutes. Did we get this call? It is 1802 and this call came out.
>> 1734.
>> Right. So, you've been here for a half an hour >> cuz I waited for the police. She said she was going I'm not going to run away if she said she's going.
>> Right. But what but what is the point? I told you I'm making a travel video about the shopping.
>> Right. But my point is is if if you got all these stores to go to, right?
>> And you've had no issues with any interactions with any of the other stores. Correct.
>> I have had the first negative uh of the day.
>> Okay. That being said, >> why stay and continue to be an issue?
>> There was not even a chance. You're talking about >> Okay, you're you're missing my point.
Well, first of all, >> so if you're if you're walking around and you got all these stores to go to and the one that causes issues for you and you're causing issues for them, if >> she didn't say she was calling the police, I would have been honorable.
>> Watch closely as the sergeant attempts a manipulative trick called flipping the narrative. Knowing Jason hasn't broken a single law, the officer tries to frame the peaceful journalist as the instigator, guilt- tripping him to walk away just to appease an irrational citizen. But Jason instantly destroys this logic. He clarifies he had only been there for a minute before the entitled patron threw a tantrum and wasted 911 resources over a camera.
Jason didn't stay to harass anyone. He stayed specifically to hold the police accountable. Law enforcement expects the educated citizen to yield to a crazy Karen, but Amagancet Press refuses to negotiate his constitutional rights.
>> For the police, she said she was calling the I'm not going to run away if she said she's calling the police.
>> What? But what is the point? I told you I'm making a travel video about the shopping district.
>> But my point is is if if you got all these stores to go to, right?
>> And you've had no issues with any interactions with any of the other stores, correct?
>> I have had the first negative uh interaction of the day. Yes, sir.
>> That being said, >> y >> why stay and continue to be an issue?
Well, first of all, >> so if you're if you're walking around and you got all these stores to go to and the one that causes issues for you and you're causing issues >> Well, like I said, if she didn't say she was calling the police, I would have been gone already.
>> What's your YouTube?
>> Well, when this all wraps up and you guys are have made your decision and let me know what your plans are, I'd be happy to give it to you.
>> I'm not trying to hide who I am.
>> Okay. Clearly, you are.
>> No, I'm really not.
>> Okay. Well, >> I'm really not.
>> When I ask a question, you don't answer it. That indicates you're hiding it.
>> Well, I just told you I wanted to speak to your sergeant.
>> Yeah, I know. I gathered that.
>> All right. So, >> what we got, Sergeant?
>> We don't have anything.
>> Not sure what you're expecting.
>> Well, I don't know. Somebody calls the police and the police here doing I think a logical question is >> they're uncomfortable with with what you guys are doing. So basically everything starts off what the client was talking about and the client didn't feel comfortable being filmed.
>> Okay.
>> So >> that's why I should call the police.
>> Okay.
>> You guys aren't doing anything illegal.
>> I was going to say isn't that a little foolish?
>> No.
>> I think you have better things to do than have somebody call you cuz they're >> I mean we handle >> feel like walking out of a store.
>> Well, I mean you make people feel uncomfortable like like does feel uncomfortable.
>> Again, I I'm not here to argue with you.
>> So if I make if somebody I'm not here to argue with you if somebody's very happy to argue with you. I'm not gonna answer it because I'm gonna tell you, listen.
>> We talked about some people like to be filmed here.
>> Well, so you guys are all done. I'm free to leave.
>> All I'm telling you is this.
>> I'm free to leave.
>> If you cause disturbances, >> have a good day. I don't want to hear it.
>> You're looking.
>> I don't want to hear your directives.
Have a nice day.
>> Have a good day.
>> Yeah, you too. And instead of exacerbating fear, maybe you should tell her the real deal.
>> I already talked to her.
>> You already talked to her. You make her feel better.
>> I don't know.
>> Is she her feelings feel better now?
>> I don't know. Do you feel better? I've been feeling great since the start, man.
I I was hoping a little more from you. I was expecting a little more from you and I was hoping you were going to show up and do the right thing.
>> And just like that, the officers realized they had no lawful authority, packed up, and quietly left the scene.
Because Amaget Press stood his ground, calmly articulated the law, and refused to surrender his First Amendment rights.
An unlawful overreach was prevented in real time. This interaction proves exactly why these constitutional audits are so crucial. If Jason had been an average citizen who didn't know his rights, he easily could have been intimidated into handing over his ID or pressured into leaving a public space where he had every legal right to be.
Because when those in authority forget the boundaries of their power, it takes educated citizens holding the line to politely but firmly remind them that the Constitution is never up for negotiation.
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