Federal Judge Orders Police Not to Interfere with Recording in Ferguson

The police’s poor handling of
media and the public recording their behavior in Ferguson,
Missouri, became as much part of the news as its militarized
response when faced with protesters upset with Michael Brown’s
shooting. Journalists were detained. Folks were ordered to stop
recording police. They instituted
a no-fly zone over Ferguson to keep out media helicopters.

As we close in the announcement by a grand jury (any moment now)
to tell us whether Officer Darren Wilson will face charges for
killing Brown, the Missouri chapter of the American Civil Liberties
Union (ACLU) has gone to federal judges to get court orders
securing a reminder that citizens have the right to film the
police. From the
St. Louis Post-Dispatch:

The orders signed by U.S. District Judge John A. Ross are in
response to a motion filed by the ACLU last week. The organization
complained authorities were still inhibiting filming of
protest-related events, despite earlier court agreements
with St. Louis County, Ferguson and Highway Patrol
Superintendent Ronald Replogle.

Friday’s court orders say the highway patrol and county police
are “permanently enjoined from enforcing a policy or custom of
interfering with individuals who are photographing or recording at
public places but who are not threatening the safety of others or
physically interfering with the ability of law enforcement to
perform their duties.”

Unfortunately, police have a lengthy history of flat out
ignoring such orders in the field. In this very case, they’ve been
ignoring other agreements to stop this censorious behavior,
according to the ACLU. But we know from coverage of this behavior
across the country that police are quick to invoke those exceptions
listed above and claim that filming them is threatening the safety
of others or interfering in law enforcement duties, even when it’s
clearly not the case. Reason TV covered such an incident in Los
Angeles in 2013. Watch below. Do not be surprised if journalists
and non-journalists alike still run into problems trying to record
police behavior in Ferguson. Do not be surprised if there are no
real consequences for police who violate the order.