Blog #4 - The First Amendment and the Eight Values of Free Expression

    The last few years have been incredibly defining in the way we perceive the First Amendment. In its primary form, the First Amendment states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” These rights are called negative rights, meaning that the government cannot take away these rights from an individual. However, it is important to know that these six freedoms are not protected under private sectors.

    Not only are these rights unprotected in private organizations, but they can also lack specifications that allow for certain "loopholes" in our judicial system. This is incredibly relevant in the recent case of Frasier v. Evans where the U.S. Court of Appeals for the Tenth Circuit ruled against whether individuals have a First Amendment right to record on-duty police officers. For some background knowledge, in 2014 Mr. Frasier had filmed a police officer who he felt was using excessive force on a suspect. After the officer forcefully questioned Frasier and even tried to take his tablet in an attempt to delete the video, Frasier went to court hoping to sue the officer for infringement on his First Amendment rights.

    What Frasier did not know was that at the time of the alleged First Amendment infringement, there was no statement that mentioned the right to record police officers in the U.S. Court of Appeals for the Tenth Circuit. Therefore, the court ruled under qualified immunity, which meant that because there was no law at the time of the crime, the police officers involved would not be punished.     

    Personally, I find this "loophole" incredibly problematic. Not only does it knowingly infringe upon the First Amendment rights, but it also disregards the fifth value of free expression, Check on Governmental Power. Luckily, in many other Circuits, the right to record first responders has been recognized, but I find it sad that the Tenth Circuit still has not acted appropriately regarding this issue.