From the Union Leader: MANCHESTER — The town of Weare has agreed a $57,500 settlement in a lawsuit filed by a woman who said her First Amendment rights were violated when she was arrested for video recording police during a traffic stop.
Carla Gericke, president of New Hampshire’s Free State Project, was arrested in March 2010 and initially charged with illegal wire tapping. Although the charge was dropped, Gericke filed a lawsuit in U.S. District Court against the town, police department and arresting officers, saying her arrest was retaliatory.
“I’m thrilled the case is settled,” Gericke said in an email Friday. “It was a long road, but the payoff is that we now have binding precedent affirming the First Amendment to record police traffic stops. I also am cautiously optimistic that the settlement will cause law enforcement to be more hesitant to arrest videographers exercising their rights. I think we’ve already seen positive change come out of this case in that regard.” Read more...
Photo credit: http://www.experiencedcriminallawyers.com/
Reason's senior editor, Jacob Sullum covers FSP President Carla Gericke's Appeals Court win. "Three years ago, in Glik v. Cunniffe, the U.S. Court of Appeals for the 1st Circuit upheld a man's First Amendment right to record an arrest on Boston Common. Last week, in Gericke v. Weare, the court upheld a woman's First Amendment right to record a traffic stop in Weare, New Hampshire. The combination of these two decisions is a powerful rebuke to cops who continue to harass people with bogus wiretapping charges when they dare to capture images or sound of police encounters on their cellphones. Read more...
Russia Today also weighed in with an article titled "Americans have First Amendment right to film police, US appeals court rules."
From the Union Leader: Individuals have a right to film police during traffic stops, the 1st Circuit Court of Appeals ruled Friday in a 2010 case filed by Free State Project President Carla Gericke against Weare police.
Even so, police may impose limits on the public's right to film when circumstances justify them, Judge Kermit V. Lipez ruled. Such situations include the need to maintain safety and control, particularly during traffic stops, which can be "especially fraught with danger to police officers."
"It was clearly established at the time of the stop that the First Amendment right to film police carrying out their duties in public, including a traffic stop, remains unfettered if no reasonable restriction is imposed or in place," Lipez wrote in his 21-page decision. The ruling upheld a Concord federal court decision that denied Weare police officers' claim that they were entitled to "qualified immunity'' in charging Gericke with illegal wiretapping during the March 24, 2010, traffic stop. Read more...
FSP Board Meeting 4/28/14 Phone meeting Attending: Carla, Rich, Varrin, Jody, Seamas, Sharon, Aaron
- President's Report
- Events: PorcFest update; LF14 Wrap up
- Policies & Procedures
- 2014 Budget
- 501c3 Status
President’s report, sent by email prior to the meeting: PorcFest: Current sales: 604 adult, 106 kids, 55 Agora Valley sites filled, less than 20 AV sites left. Bimonthly newsletter “PorcFest Prickler” will begin this week, edited by Sandy Pierre.
Theme: DIY with focus less on “speakers,” and more on DIY/ community building.
Program: Patrick Byrne from Overstock.com is Saturday night keynote. In discussion with others for Friday night keynote. Lots of good class submissions. Great children’s events lined up, being spearheaded by Melanie & Richard Gibson, with a $1,000 donation from an attendee. Cook-off is very popular, so added Brunchfest--need more people to cook & buy tickets. Daily gun safety classes to be taught by Tony Lekas, SAS, and Shaolin Rifleworks. Private security to be provided by Church of the Sword.
The New Hampshire unemployment rate has fallen every month in 2014. April was no different. The preliminary April unemployment rate is 4.4%, a drop from the March rate of 4.5%.
New Hampshire Employment Security issued a press release with the news.
Seasonally adjusted estimates for April 2014 placed the number of employed residents at 714,640, an increase of 2,200 from the previous month and an increase of 10,770 from April 2013. The number of unemployed residents decreased by 1,160 over-the-month to 32,740. This was 6,290 fewer unemployed than in April 2013. From March 2014 to April 2014, the total labor force increased by 1,040 to 747,380. This was an increase of 4,480 from April 2013.
The March numbers for the four largest metros in New Hampshire: PORTSMOUTH, NH-ME MetroNECTA 3.9%; ROCHESTER-DOVER, NH-ME MetroNECTA 4.3%; MANCHESTER, NH MetroNECTA 4.4%; NASHUA, NH-MA NECTA DIVISION 4.9%
See more detailed New Hampshire employment data at New Hampshire Freedom.
Why doesn't every libertarian sign up for the Free State Project? For some, deep local connections to family or friends make it difficult or undesirable to move, and I don't wish to see them uprooted: society trumps politics every time. But for many, the issue is being unable to promise confidently to move to New Hampshire within six or seven years. This short essay is for these people.
The Free State Project's Statement of Intent isn't a promise. It begins, "I hereby state my solemn intent to move to the state of New Hampshire." What does "solemn intent" mean? Let's look at the word "intent" first.
In normal usage, "intend" and "intent" convey something weaker than a promise. "I intended to go, but something came up." Here, the speaker isn't admitting to breaking a promise; instead, he's simply noting that he meant to pursue a particular course of action, but unforeseen circumstances changed his mind. When you intend to do something, you admit it might not be possible, but you think it will be.
"This is the thing, ultimately, that seems to bring people to the Free State Project. They become libertarians because they hate taxes, or fear a police state, or distrust collusion between the state and corporate power. But they move to New Hampshire because they want, more than any of these things, to build something new together."
Read Livia Gershon's full take on the Free State Project at Aeon Magazine.