Category Archives: Media

Police should wear body cameras to protect themselves when they’re accused of wrongdoing

camera

President Obama has just proposed $263 million for police body cameras in an effort to improve police relations in the communities they serve. My co-contributor at United Liberty Matthew Hurtt argues that this is an overreaction and cautions that this is “further federalizing local law enforcement.” To this, I have to respectfully disagree.

The federal government has already “federalized” local police if by federalization he means providing military grade toys at a discount. I don’t quite understand how providing tools which can actually protect the public such as body cameras “further” federalizes the police. As long as these departments receive these toys, the public damn well has the right to review in HD quality video and audio how these toys are being used (along with the normal police activities).

The following post was originally published on 8/18/2014 @ United Liberty

 

It sems that there is at least one area of agreement (with caveats) between some in law enforcement and some civil libertarians: cops should wear body cameras. The how, when, and where is still a question for all concerned but at least there seems to be some agreement on the broad outlines.

PoliceOne.com‘s editor-in-chief Doug Wyllie argues that police departments should embrace the idea of body mounted cameras on almost every police officer. Wyllie writes:

In the week following the officer-involved shooting in Ferguson (Mo.), many have asked me for a comment and/or my commentary on the matter. My reply has generally been, “What, precisely, might that comment be? We know very little detail regarding the incident itself, so any ‘analysis’ on my part would be tantamount to irresponsible speculation. Further, analysis of the rioting and looting (and police response to same) would be redundant — we’ve got reams of columns on crowd control tactics and strategies.”

One thing, however, merits mention in this space. It’s directly related to the first thought that came to my mind when news of this tragedy broke: “Man, I hope that officer was wearing a body camera.”

By now, we can correctly surmise that he was not, and it’s a reasonable contention that if he had been wearing a body camera — and that video was examined by agency leadership and released responsibly to the public — Ferguson would probably have been spared the violence and unrest.

Wyllie anticipated that there would be some cops, departments, and PoliceOne members who would disagree with this notion. From there he offered 3 reasons why the upsides outweigh the downsides:

1. Officers’ fears about “Big Brother” are crushed by good, sound policy collaboratively created by all stakeholders — administrators, police unions, civil rights groups, local lawmakers, and others. Citizens’ fears about Fourth Amendment issues — for victims, witnesses, and other uninvolved persons — are similarly crushed by that same policy.

I must interject here. We have street cameras on just about every major intersection in every major city in America. If its good enough to place you and I under constant surveillance, its good enough for the police. The police should also be reminded that they do indeed work for us. Any time the police are on duty and in public, there is a chance that they are being watched by the public. They do not have a right to privacy when they interact with the pubic. This is especially true when the actions of the police have the potential to take freedom or life away from individuals concerned.

Wyllie continues with his other 2 points:

2. Concerns over budgeting for the investment in new gear (and training for same) are quelled by the statistical data suggesting that the outlay in cash is far less than the cost of settling frivolous (and baseless) lawsuits over alleged officer misconduct when no such misconduct occurred.

3. Any argument alleging that “the technology just isn’t there yet” is flat out false. Five years ago, such a statement may have held some water, but companies like TASER International, Digital Ally, L-3 Mobile Vision, and VIEVU now offer rugged, patrol-ready products with high-definition recording capabilities in light, wearable form factors.

Doug Wyllie sees the writing on the wall; he points out that the White House petition for the “Mike Brown Law” which says “all state, county, and local police [should be required] to wear a camera” already passed 100k signatures. Wyllie is probably correct arguing that there would be fewer misconduct lawsuits with the cameras. One PoliceOne member added:

Personally I look forward to being able to show the jury exactly what the POS I arrested was doing, saying and what he looked like when I arrested him; rather than the cleaned up chap in a borrowed suit that the defense brought to court.

I think its also fair to say that cops would be discouraged from being involved with any misconduct in the first place. If we lived in a world where everyone involved in a police encounter is being recorded, everyone involved has every reason to be on his or her best behavior.

Another posted:

I’m all for body cameras. Yet, when they go against what people want them to say, it will be: “The police fixed the cameras.”

To this concern I have two answers. First the technology is already available to determine if a video has been tampered with. If the video shows the video at the 5:07:29 minute mark and then it suddenly skips to the 8:10:12 minute mark, most people are going to understand that there is some missing footage. The second answer is to policy of how, when, and where body cameras will be used.

Will cameras solve all questions of misconduct? Of course not. Cameras certainly have their limitations. But having a video of an event presented to a jury is certainly better than relying solely on conflicting eyewitness testimony.

Point of clarification: One person who commented on the Face Book link mentioned “And audio might be nice.” I assumed Doug Wyllie meant that audio should be part of the video recording as well. After re-reading his article, I realize that he never mentioned anything about audio. Perhaps this too will become a very important part of the debate. It’s my position that audio should be included. Video alone might be helpful in very clear cut cases but distort the meaning of what the viewer sees in other cases.

Watching the Watchers: Resistance to Transparency a Problem at Every Level of Government

We do not have leaders in the United States of America. We have representatives. They are chosen by us to do a job for us. They are our employees. We do not owe them any respect or subservience beyond the same basic respect we choose to show fellow human beings, and in particular those who are our employees.

And we have a right to watch them.

Yet at all levels of government, we face rebellion against our right to watch.

STATE LEGISLATURE IN THE NEWS FOR VIOLATING OPEN MEETING LAWS

Open MeetingsOne of the Republican candidates for my state’s legislature actually came to my door twice this election cycle in an effort to earn my vote. Even had I been otherwise inclined to vote for him, his refusal to answer voter guide questionnaires would have been a deal-breaker.

He explained at my door that politicians who answer voter guide questions are sometimes “discriminated against for their religion.” Only by questioning him on my porch was I able to elicit his position on issues from gay marriage to the War on Drugs—which he supports because “we need to be moral.”

He won handily without my vote and is now a state senator. His counterparts in the state House have just made news by, once again, being accused of violating Montana’s open meeting laws. Earlier this month, the House Republican Caucus met in the basement of a hotel without providing the requisite notice. During the 2013 session, the Caucus similarly met in the basement of the state Capitol without posting notice.

The state media have been quick to point out that both parties and both houses of the state legislature routinely violate the state’s open meeting laws. The interviews with the politicians engaged in such violations are candid and telling. One Democrat senator, for example, detailed how rather than simply post the notice and allow reporters to cover the event, his party would instead make just enough people leave to be under the limit of the notice requirements:

“We were always mindful of the numbers,” added Sen. Mike Phillips, D-Bozeman. “And when we realized we were over the limit, someone would leave.”

One of his Republican counterparts lamented that the open meeting requirements make it “impossible” for elected politicians to talk to each other:

Where do you draw the line?” he asked. “How does a group function if they can’t get together and talk to each other? This is supposed to be a country of freedom of association and freedom of speech. If you’re going to take that away at a caucus, how is the caucus going to function?”

He does not seem to understand that the caucuses can still talk, even if the people they work for are listening. If they do not want the voters to know about it, perhaps they ought not be doing it.

POLICE DEPARTMENTS RESIST BEING RECORDED

olson_scottOn Saturday night, Ferguson police arrested a member of the press, apparently for standing on a sidewalk. This comes in the wake of federal court orders directing that Ferguson police not engage in any practice of interfering with citizens’ right to record police. These orders were obtained based on events following the death of Michael Brown, in which police detained journalists, wrongfully interfered with people recording the protests and police response, and instituted a no-fly zone to prevent the media from flying over.

Both cops and citizens behave better when they know they are being recorded. Recordings exonerate innocent people who have been wrongfully accused and help ensure that the right people are punished. As Reason’s Ronald Bailey has reported:

Earlier this year, a 12-month study by Cambridge University researchers revealed that when the city of Rialto, California, required its cops to wear cameras, the number of complaints filed against officers fell by 88 percent and the use of force by officers dropped by almost 60 percent. Watched cops are polite cops.

Yet all over the country, police continue to harass citizens who lawfully record the police, a fairly well recognized right in these United States.

Police officers are not our overlords. They are public employees hired by the people to enforce the laws passed by the people. Like any other employer, We, The People, get to watch the work done by our employee police officers.

MOST TRANSPARENT ADMINISTRATION IN HISTORY

Obama secretOpen enrollment for Affordable Care Act health plans began in mid November. States have been releasing their enrollment numbers. But trying to get enrollment numbers from the federal government continues to be like pulling teeth.

In the wake of an embarrassing revelation about an “unacceptable” mistake inflating the total enrollment numbers, Health and Human Services Secretary Sylvia Mathews Burwell has ordered her agency to come up with ways to increase transparency. I hope she follows through.

But the “most transparent administration in history” has a mixed record on living up to its own hype. Lingering questions remain about the transparency of the drone program. Just this week, the administration continued its established practice of dumping thousands of new regulations on the eve of a major holiday.

Let us not forget that last month, USA Today Washington Bureau Chief Susan Page called this administration “the most restrictive” and “most dangerous” to the press than any other in history. She echoes sentiments expressed earlier this year by New York Times editor Jill Abramson, who said the Obama administration is setting new standards for secrecy:

“The Obama years are a benchmark for a new level of secrecy and control,” says Abramson. “It’s created quite a challenging atmosphere for The New York Times, and for some of the best reporters in my newsroom who cover national security issues in Washington.”

*     *     *

Those that are covering national security, according to Abramson, say that is has never been more difficult to get information.

*     *     *

Abramson says that the Obama Administration uses legal loopholes to make things difficult for journalists and media organizations. She says, for example, that the Obama Justice Department pursues cases against reporters under an obscure provision of the 1917 Espionage Act.

“I think, in a back door way using an obscure provision of an old law, they are tip-toeing close to things that, here in the United States, we’ve never had,” says Abramson.

*     *     *

While Abramson says that the White House hasn’t completely shut out the U.S. press corps, even routine media coverage has become difficult to obtain.

“The amount of friction and confrontation involved in just going about what I see as perfectly normal coverage, that in the past wouldn’t have even provoked a discussion, becomes a protracted and somewhat exhausting process,” she says.

As technology and government overreach continue to threaten the walls of privacy that traditionally protected Americans, we must be vigilant in making sure the watchers are themselves watched. They are not leaders, but employees. We should demand that they conduct themselves as such. That entails consistently subjecting their official conduct to scrutiny.

_____________________________________________________

Open Meetings image via In El Dorado County News. Ferguson image via The Center for Media and Democracy’s PR Watch. Obama image via Poor Richard’s News.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

‘Selfie Stalker’ Sues Nancy Grace for Defamation

DISGRACE

Judge Dredd wannabe Nancy Grace is finding herself on the defensive as Ben Siebert, falsely dubbed the ‘Selfie Stalker,’ is filing a defamation lawsuit against Grace. Grace, never one to let the facts get in the way of a sensational story to boost her ratings, made no effort to correct her mistake.

The AP reports:

The lawsuit filed Monday in Denver says Grace, who hosts a show on Turner Broadcasting’s HLN network, incorrectly told millions of viewers that Ben Seibert invaded a woman’s home and snapped a photo of himself on her phone, which she described as a “textbook serial killer’s calling card.”

Seibert said Grace humiliated him with her commentary, which went viral on an array of social media sites where readers called him a weirdo, a sicko, a rapist and a pervert. The suit says Grace didn’t check the facts and didn’t care.

Wow, Grace didn’t check the facts and didn’t care? As far as I can tell, this is normal operating procedure for Nancy Grace. It goes something like this:

  1. Accuse an individual of wrongdoing

  2. Use emotional language and imagery

  3. Report only facts which seem to support her theory

  4. Launch into ad hominem attacks against anyone who suggest she is jumping to conclusions or that the accused is innocent until proven guilty

  5. If the facts turn out to be the opposite of what she just knows in her heart to be true, have someone else fill in for a night or two, then act as if the story never happened (under no circumstances apologize or correct the record)

  6. Wash, rinse, repeat

The article continues:

“It hasn’t been easy for him as a result of this,” Seibert’s attorney, John Pineau said.

Denver Metro Crime Stoppers released Seibert’s photo on Jan. 29, after a woman called police saying a man had entered her home while she was putting her children to bed. Police said she was especially fearful because she believed the man had taken a selfie with her phone inside of her home.

But further investigation showed the picture was Seibert’s Facebook photo that had been taken elsewhere. Seibert, who was working in California, called police Feb. 8 after friends told him his photo was being associated with the Denver home invasion. He was not charged.

The same month, police told Grace her broadcast was false, but she continued to air it, according to the lawsuit, which seeks more than $100,000 in damages.

Personally, I think $100k is too low. Nancy Grace needs to be taught a lesson. We all make mistakes. If she had taken steps to correct this error and learned to take a different, more ethical approach to her ‘journalism’ such a lawsuit would be unnecessary. The damage she has done to advance the lay person’s understanding of the criminal justice system, however; cannot easily be quantified.

Long Slow Burn – GruberGate as a Microcosm

GRRRRRR

We, here, at The Liberty Papers do not generally share our correspondence, but the big issues of the day are, in fact, talked about at length in our site’s Google Group as we coordinate what we’ll be talking about at this lovely blog. Without being specific or quoting anyone directly, I would like to put forward what the group reaction was to the so-called ‘GruberGate’ scandal. In a word:

‘Meh’

If you’ve been living under a rock or watching nothing but MSNBC (same difference, really), I’ll give you a quick summary of what GruberGate entails. For six years, conservatives have blasted away at the Affordable Care Act (hereafter, the ACA). For six years, we’ve been talking about how the promises made by people trying to get it passed were impossible to keep, how the bill would raise the deficit, make healthcare more expensive and less stable, drive away doctors, narrow your networks of providers – basically the exact opposite of every claim put forward by Democrats between 2008 and 2012. The media uncritically reported White House talking points for most of that time, doing absolutely zero digging and finding no evidence of problems with the law as a result.

Then some guy who’d lost his insurance after being promised that that wouldn’t happen and decided to do some actually investigating. Within a day of beginning his search, he found video footage of one of the ACA’s chief architects, Jonathan Gruber, candidly discussing the ACA with his peers in Academia in which he said THIS (follow the links to see the videos), THIS, and THIS.

Many things have been said about GruberGate, and I won’t rehash them here. The response to this story by many libertarians (not just those of us writing here) has been a collective “well duh!” We have, after all, been talking about everything that Gruber willingly admits in his various talks on the ACA – that it’s a pack of lies intended to fool the American taxpayer by fooling the Congressional Budget Office, that it amounts to a giant national experiment and the architects have no clue what it’ll do, that expanded coverage can’t happen without raising revenue to pay for it, and that the archetype (RomneyCare) was already a failure, being propped up by federal dollars all along. We knew all of that. The insults he lobs at the American voters aren’t entirely unfounded either. Many Americans, like it or not, vote without any idea of what they’re supporting. So why should we get up in arms over it.

After arguing rather cantankerously with my fellow bloggers here, trying to explain why this story enraged me so, it dawned on me what was really going on in my head. I may come to self-awareness later than I should on occasion, but I generally get there if I think on it long enough. This whole story – the story of the Affordable Care Act from conception, to birth, to signing, to repeal efforts to angry Americans who feel lied to and voting R to prove something to the left to the GruberGate controversy…it is a microcosm of everything I’ve been battling for years.

When the ACA was first being discussed, the conservative reaction was a combination of people like those in my family, who were horrified by the likely outcome of such a bill and who relied heavily on health insurance to make their various medical problems affordable to treat, but who reacted by studying the proposal and attempting to logically argue as to why it was a very bad bill indeed…and people screaming at town hall meetings because they just instinctively feared such a big, sweeping change. It’s human to fear change, and in this case their fears were justified, but instead of focusing on doing the work of exposing the lies in the ACA, most of conservatism was consumed with death panels and doomsday imagery of Uncle Sam examining a woman’s lady parts (yes, that was a real conservative ad).

Now I’m not saying I think the IPAB is good for “end of life” care…it’s not. But ‘death panel’ rhetoric sounds literally insane to your typical low-information swing voter who might be swayed by bringing a convincing argument to the debate. And, of all of the conservative reactions to the ACA, which ones do you suppose were primarily covered by the media, by ACA advocates and in the political discussion on Capital Hill – the reasoned arguments as to why the ACA would fail and make things worse, or the fear-mongering?

But guess what – that made someone like me who worked hard to understand the problems with the ACA into a looney tune screaming about death panels when I voiced my opposition to the law before any leftist. They accused me of being a liar. They accused me fearing change. They accused me of not caring about the poor and the uninsured. And they had the support of, once again, an uncritical, unserious mainstream media telling them any concerns about the ACA raising costs, impairing the system, causing doctor shortages or narrow networks, etc. were just crazy conservative fear mongering. Our detached, empirical expert, Jon Gruber, says so – read the study.

When the truth came out – when it turned out that Jon Gruber believed everything I did about the ACA except the part about those results being bad for healthcare…when he gleefully admitted that RomneyCare was a failure economically, that the ACA had nothing to do with making healthcare affordable, and that he and his colleagues had no clue how to bend the cost curve down – and then had the audacity to call us stupid for believing him, I would have been satisfied. I wouldn’t have been angry for long – it would have brought some semblance of peace to be vindicated in the fight. Except that the reaction of the left was to lie even more, minimize Gruber’s roll in crafting the bill, and then…call conservatives fear mongers again for reacting to this story with anger and for losing trust in government to solve problems like these.

This is inherently the entire problem I have with the left – every time their bad ideas don’t work and people realize it, they find the loonies in the conservative ranks and make those guys their opposition, and when you try to bring reason to the party, they accuse you of just being one of the loonies. And when you turn out to be RIGHT…oh well whatever nevermind. That fight never mattered anyway – on to the next fight.

Until conservatives are willing to call liberals (and other conservatives) out for not fighting fairly, for distorting the history of the argument, for scanning through the crowd for the easiest person to attack, for straw men and lies, for parliamentary tricks and poor research, and for their ugly assumptions about the American people, we will always lose the argument. Always. And that…is what is truly terrifying me into anger. We were right. All along, conservatives were right about the ACA and the insincere, cynical motives of its creators. We were right, they were wrong, and somehow, we still lost the argument. And it’ll happen again and again until we get angry enough to turn the tables on them – to call them out on their unfair tactics and their bad science and their twisted, utilitarian assumptions.

We’re about to have the same fight on immigration. Learn to recognize their tactics and fight back, or there will come a day when you remember how right you were about the negative consequences of an open border, and how little it mattered that you were right.

Did Gary Johnson Just Announce For 2016? No, He Did Not.

Gary Johnson
No. He didn’t.

It’s a clickbait headline from Newsmax: Gary Johnson: I’ll Run in 2016 to Provide Libertarian Option

Only a few outlets have actually run with this (Nick Gillespie @ Reason being one, sadly), based on the quote below:

“I hope to be able to do this again,” Johnson said Monday on “The Steve Malzberg Show” on Newsmax TV. “I’d like to. I would like to.”

Usually when politicians announce their candidacy, they have things like multiple interviews all lined up, a functional website to unveil, etc. They usually coordinate this with their twitter feed, which Johnson hasn’t updated since Oct 13, and on other social media. Oh, and they usually don’t announce the day before a midterm election when they know the news cycle will completely ignore them.

Something about that quote, however, made me suspicious. They don’t say “I hope to be able to” and “I’d like to”. They say things like “I hereby announce…”

Gary Johnson said no such thing. If you watch the interview, he spends 10 minutes talking about the issues. At the very end of the interview, the host Steve Malzberg started talking about 2016.

After Johnson issues the above quotes, you hear Malzberg say “alright folks, you heard it here first” as you can hear Johnson in the background protesting.

If that was someone announcing their candidacy for the Presidency, it’s the lamest announcement I’ve ever heard.

I’m just going to go out on a limb and say that Newsmax exaggerated this one for clickbait.

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