Today the Hawaii ACLU filed amicus brief on the right to videotape police and in the brief they mentioned the case of me being falsely arrested for filming police here on the Big Island:
Today, the ACLU of Hawaii submitted an amicus curiae (“friend of the court”) brief in the case of Kahle v. Villaflor in U.S. District Court in Honolulu.
In April 2010, Mitch Kahle was ejected from the Hawaii Senate Chambers after objecting to an unconstitutional prayer at the opening of Senate business. Kevin Hughes was filming the objection, and when Kahle was ejected from the Senate Chambers, Hughes followed him outside.
Hughes continued to film the incident, and was assaulted by State officials. As seen in Hughes’ video of the incident, Ben Villafor (the Sergeant at Arms) approached Hughes and punched Hughes’ video camera. He then said something like, “Get that camera,” after which State officials surrounded and attacked Hughes (damaging his camera, sending him to the hospital, and trampling his First Amendment rights).
This is, unfortunately, part of a disturbing trend in Hawaii and nationwide, whereby law enforcement officers assault those who are exercising their First Amendment rights to videotape law enforcement officers. You can read more about these incidents in our Amicus Brief, and you can learn more about your right to videotape law enforcement in our First Amendment Toolkit. If you have experienced threats or intimidation as a result of documenting law enforcement encounters in Hawaii, please contact us.
I snipped the following from the brief:
On August 6, 2011, blogger Damon Tucker (“Tucker”) had a similar encounter with Hawaii County Police Department officers. Tucker claims that he was filming the officers’ arrest of other individuals, when an officer slammed him to the ground and confiscated his camera/phone. Tucker was arrested for obstructing government operations, though charges were dropped shortly thereafter.
You can view the complete brief here: Amicus Brief on the Rights to Film Police Officers on Duty
I’ll be ramping things up in the next few days… more to come.
- ACLU of Hawaii and Olelo Community Media Present “Know Your Rights: Documenting Law Enforcement Interactions in Hawaii” (damontucker.com)
- WAR ON PHOTOGRAPHY UPDATE: ACLU settles case of man cited for taping friend’s arrest. The Americ… (pajamasmedia.com)
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