Sam Dodson in full
media mode.
It's important to know that Sam Dodson isn't being charged with filming inside a courthouse in defiance of the law. That's important, because he was arrested for videorecording in the lobby of the Keene District Court, in Keene, New Hampshire, during the course of media coverage of a case there. Dodson's camera use defied the wishes of a judge who banned photography anywhere in the courthouse despite a state-wide policy permitting cameras in the courtrooms themselves. To top it off, it's likely that the judge's policy is rooted in nothing more than embarrassment that one of his courtroom tantrums was filmed and uploaded to YouTube last year.
Dodson, a professional videographer, independent journalist, and member of the libertarian Free State Project, was at the Keene District Court on April 13, 2009, to cover the arraignment, ironically enough, of Dave Ridley, another Free Stater, for video recording at court. In the lobby, camera in hand, he was ordered to turn off his equipment based on a flyer taped to the wall banning photography. Seeing that the flyer cited no legal basis, he refused. And so he was arrested -- as were several other people supportive of Dodson. Only Dodson remains in jail, on a hunger strike, a month later. Officials keep him confined on $10,000 cash bail because he refuses to formally give his legal name -- an exercise of his right to remain silent -- as a protest against his arrest. Of course, his identity is known to the authorities.
The arrest seems to fly in the face of court policies clarified and formalized just last year. As the Keene Sentinel reports:
The rules for recording public hearings in courtrooms are relatively clear: The Supreme Court says it’s allowed unless “there is a substantial likelihood of harm to any person or other harmful consequence.”
But those foggy gray areas beyond the courtrooms remain untouched by state law.
The specific district court rule states:
The presiding judge should permit the media to photograph, record and broadcast all courtroom proceedings that are open to the public. The presiding judge may limit electronic media coverage if there is a substantial likelihood of harm to any person or other harmful consequence.
If recording is permitted inside the courtroom, why would it not be permitted in the lobby and hallways open to the public, where security concerns would seem to be minimal?
According to the Sentinel, Judge Edward J. Burke banned photography in the courthouse "in an effort to protect juveniles and victims of crimes walking through the lobby from being caught on film without their consent." That seems like a tenuous excuse given that people run the risk of being photographed in any public place at any time.
A more likely reason for the ban is Burke's mortification over a video of him throwing a courtroom tantrum in November of last year. In that video, Burke repeatedly snapped "have a seat" at a defendant before ordering the man arrested just seconds later. The seemingly confused defendant had begun to sit in compliance with an order to do so, then stopped and began to stand when his name was called. Viewed over 58,000 times, the video portrays Burke as petulant and petty.
That video just slightly predates Burke's February general ban on photography in the courthouse.
As of today, Dodson is charged with disorderly conduct, resisting arrest or detention and refusing to be processed. All of these charges would seem to be related to the arrest itself and its aftermath, not to Dodson's supposedly forbidden camera use. Perhaps the authorities aren't as certain about the legal basis for Burke's photography ban as they'd like the public to believe.
And, as of today, photography remains forbidden in the lobby of the Keene District Court -- not as a matter of law that anybody can cite, but to spare a hot-tempered judge further shame.
Dodson's docket number is 09-CR-01825-1828. An audio recording of Sam Dodson's arrest can he heard below.
email J.D.: civilliberties (at) tuccille.com
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Comments
And I bet that temper tantrum throwing judge will hold his breath as long as it takes for Dodson to die. After all, isn't that justice?
Shooting videotape may end up being the least of the judge's shooting worries.
Keep up to date on Sam's situtation at freekeene.com and jailedactivist.info/activists/sam-dodson/dave-ridleys-2009-04-13-arraignment where just about everything regarding the case is documented in one place.
In a free country, where every individual's negative rights are equal under the law, Edward J. Burke and his gang would be charged and convicted of several crimes including but not limited to, assault and kidnapping. (Not to mention the theft which they refer to as taxation.)
This happened in the Live Free Or Die State?
Forget the judge for a moment, let's think about the "officer" who confronted this dangerous criminal. How is it that so many public "servants" these days think they have no obligation whatever to answer reasonable questions or acknowledge reasonable points addressed to them by those whom they are paid to serve ? This videographer correctly informed the officer that the flier on the wall was nothing more than a piece of paper, that it was not "an order" signed by anyone, and as such did not carry the force of law. How did the officer respond ? He simply ignored, he didn't acknowledge it any way, and then had the brass ones to accuse the CITIZEN of ignoring HIS order, despite the fact that he had no legal standing whatsoever to be making it. Of course, what they teach these public "servants" these days at public servant school is to always act calm and never raise their voices, so as to seem like they're the reasonable ones, which of course makes the threatened citizen more and more demonstrative in his exasperation. How could it not ? As if it's possible to stay calm when someone with a gun who thinks he's a Roman Centurion instead of a peace officer starts issuing orders he has no authority to issue. But since he commits his thuggery with a serene bedside manner, he's considered the reasonable one. Question: Since, after being correctly informed that the piece of paper on the wall was nothing more than that, the officer insisted that by virtue of being a piece of paper on the wall and nothing else, he still had the right to enforce it, what would have happened if someone had simply posted another piece of paper on the wall featuring a conflicting directive ? Or a piece of paper stating "Court officers are not allowed in the lobby, violation may be punishable by death" --would the officer have enforded THAT ? I mean, it's a piece of paper that makes it "official," right ? -- and it's posted on the WALL !
How do these little tyrants have jobs ?
I can't believe this is happening still in 2009. This is EXACTLY why cameras are allowed in courtrooms. So if he wasn't arrested for videotaping, how could he resist arrest? How is it disorderly conduct when you're obviously not in violation of any rule or law anywhere? How is this legal to hold someone indefinitely with zero just cause? Thank god for the Free State Project. I think I'll be donating to the civil disobedience evolution fund tonight. GREAT REPORT!
Since when is standing up for your rights contempt??
Citizens have the right to resist unlawful arrests. Citizens also have the right to interfere with the unlawful arrest of an innocent person. How much more brutality is it going to take to wake the rest of the people up to what is happening? I'm amazed when these things are captured on film and audio and still, it seems, nothing can be done.
Burke, you are one major buttfarking that should be disbarred and shot.
No just shot
I AM THE LAW! I AM GOD!!!!!!!
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