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ACLU Wrong, Police Right In Holding of Videotaping Teen

ACLU Wrong, Police Right In Holding of Videotaping Teen

Khaliah Fitchette tells reporters her side of the story

The Star-Leger via YellowBrix

March 30, 2011

NEWARK – Khaliah Fitchette better hope she never trips and falls on a public sidewalk when somebody is walking nearby with a cell phone. I’m sure the “fotog” would love to record the embarrassing event – and maybe even put the video on YouTube.

It would be the passerby’s way of exercising his “First Amendment” rights.

Fitchette is the Newark teenager who got into trouble last March for taking a video of Newark police trying to help a man suffering from a medical emergency on a city bus. Police asked her to stop taping, and when she refused, they took her into custody.

The student was handcuffed, but not arrested. Police released her to her mother several hours later without pressing charges.

A thoughtful student would have realized that, “Hey, I really shouldn’t have videotaped that man in distress.” (The man had collapsed, and was unconscious.)

A thoughtful person would have reasoned, “Sure, it’s a public place, and like many teenagers, I like to tape my friends doing funny things. But if I fell on my face on a sidewalk or collapsed in a medical emergency, I sure would not want somebody taping me.” (Unlike my opening example, Fitchette did not put the video on YouTube.)

A thoughtful person would have further realized that, on reflection, “I wasn’t being very bright in defying the cops when they asked me to stop taping. The police have their job, and they’re mostly doing their best. They usually ask people to stand back, and I was interfering. Getting good pictures wasn’t the most important thing that day.”

It would have dawned on a thoughtful person that, “The cops understood – as I did not – that they were trying to protect the man’s privacy and save him from further embarrassment.”

A thoughtful person would have realized, “Now I understand why the police, angered by my defiance expressed by my refusal to stop taping, would have handcuffed me. I certainly did not enjoy being handcuffed and being held in custody for several hours. But,” a thoughtful person would have concluded, “I certainly brought that unpleasantness upon myself.”

Yes, a thoughtful person, upon reflection, would have understood all of that.

But Fitchette, now 17, is apparently not a thoughtful person. Instead of chalking it up as a lesson in maturity, the teenager sought revenge against the Newark police. Looking around for somebody to help her beat up on the Newark police, she and her mother found the New Jersey chapter of the American Civil Liberties Union. (But it’s always possible that the ACLU found her.)

And so, the state chapter of the ACLU has filed a federal lawsuit on her behalf against the city police, accusing them of illegally detaining her. The lawsuit was reported Tuesday on nj.com and in The Star-Ledger.

For the ACLU, this student’s wanting to get back at the police was like manna from heaven. Last September, the ACLU filed an earlier lawsuit (or here) against the Newark police, alleging all manner of police misconduct and calling for federal monitoring of the city police department.

But the ACLU’s earlier lawsuit has been out of the news recently, and what better way to revive public interest than Fitchette’s tale of woe. She’s the perfect foil to the police. Recently accepted to Cornell University, she’s looks like a nice girl. Reporters covering the press conference that announced the lawsuit described her as speaking in “a hushed tone” – obviously a modest, brilliant student being picked on by the police.

The ACLU, naturally, knows the “bash the cops” script well. A Seton Hall law professor working with the ACLU and the university’s Center for Social Justice, leveled the charge: “This is part of a fairly pervasive pattern and practice by the Newark Police Department,” said Baher Azmy, “to retaliate against individuals’ assertion of their First Amendment rights.”

That is utter nonsense, as the law professor and anybody with a lick of common sense ought to know. Go look it up: the First Amendment guarantees the right to speak your mind, practice your religion, and peaceably assemble.

It’s a far stretch to say that the First Amendment gives you the right to videotape the police trying to help somebody in distress, particularly if that officer asks you not to interfere with their official duties.

To be fair to our student, it is not illegal to videotape somebody in public. But when police arrive to help somebody in distress, they routinely ask people to get back, and out of the way. Sometimes, police “order” people to do that. With rubberneckers out of the way, first responders can do their job.

But what happens if a bystander defiantly refuses to cooperate, as Fitchette refused? To hear the ACLU tell it, I guess the police should just let her have her way. No sanctions.

“I take pictures of everything,” the demure teenager told reporters. “I didn’t think it was like a big deal, I guess.”

I guess not.

So why was Fitchette held for nearly three hours? Well, police processing is not instantaneous. Or maybe it took her mother that long to show up to get her.

But in the ACLU’s mind, any accusation of a violation of “First Amendment rights “ – no matter how frivolous – is always good theater.

It’s interesting to review the Star-Ledger videotape of Fitchette’s mother speaking at the press conference, available on YouTube. Nowhere does Kameelah Phillips mention the crucial point – that her daughter defiantly refused to stop taping, even after police asked her to stop.

I guess teenagers can do whatever they want. If the cops don’t like it – tough, we’ll call the ACLU.

Some have tried to cast this incident as so-called police misconduct, or else the police objecting to the public being a “watchdog” on their dealing with the public. But I keep thinking of that poor man on the bus, whose right to privacy in his moment of distress is more important than a teenager’s enthusiasm for taping “everything.”

So maybe there isn’t a universal “right” to videotape anything you feel like. Maybe Fitchette ought to re-think her actions. Maybe Fitchette ought to apologize to the Newark police. Maybe she ought to apologize to the man she videotaped.

Maybe the ACLU ought to forget their apparent vendetta against the Newark police.


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  • Vpsomourningband_max50

    DonnaLynn

    over 3 years ago

    10636 Comments

    Ummm... so this 17 year old woman can violate this man's rights to privacy... I don't give a damn if he was on a public bus. He was unable to defend himself. You can bet your "house" she would have sued everyone in sight had the shoe been on her foot!
    Wartiming you are on the wrong thread for the Aurora, CO article. Why don't you go to some other site where your dribble is welcome. You are not welcome here.

  • Andrea_and_i_max50

    corylovesandrea

    over 3 years ago

    6222 Comments

    Glad to hear about the demise of wartiming. Stupidity abounds in some people, even on sites like here. Wanna feel smarter. Go and read some of the comments below the articles of most any crime story... face palms will abound for you.

  • Btjustice_max50

    BSPD88

    over 3 years ago

    2212 Comments

    so sad.

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    I don't know about the laws in NJ, but I personally would have had everybody exit the bus. That would give emergency personnel room to get onto the bus and do their job. It would have also removed the girl from the area so she wouldn't have been able to film. If then she refused to exit the bus, that would be delaying the officer from executing his duties, which is a chargeable offense. I would have detained her and called for one of her parents to respond to the location and released her into their custody. Then, once the lawsuit came from the good ole ACLU, I would officially charge the girl with the delaying an officer from executing his duties.

    When it comes to this whole filming with cellphones mania that is going on now days, I don't try to look at those people as criminals. However, I do have the authority to secure the area and make it safe. Moving the people back and out of the way is a great alternative.

  • Phone_pics_035_max50

    cgregor12

    over 3 years ago

    3026 Comments

    This is what our world has become? Instead of being respectful and helping someone in need we rather video tape them in distress so we can post it on You tube to generate views? People need to go back to church and learn some morals and values.

  • Ringo_max50

    BC916

    over 3 years ago

    120 Comments

    Sad thing is that if any members of the Newark ACLU are in trouble, guess who they are calling? The department they are trying to destroy......smh

  • Photo_user_blank_big

    dptydawg02

    over 3 years ago

    144 Comments

    Ya rights end where my nose begins --

  • Marvin_max50

    lajustice

    over 3 years ago

    1178 Comments

    maybe the gentleman with the medical condition should sue the teenager, her mother and the ACLU. jims4, i agree wartiming should just leave, another reason for a LEO only confirmed website

  • 1393794_10151798561878138_392793313_n_max50

    Blueblood1974

    over 3 years ago

    5204 Comments

    I am away away from NJ.lol

  • 2011-09-25_2017

    tx45

    over 3 years ago

    144 Comments

    Somebody needs to vidotape her every action and see how much she likes being video taped after she tells them to stop. It appears the whole family is spoiled into finding someone to sue for free money. Society is getting worse by the moment. Everytime we give someone a break it always comes back and bites us in the ass. I wish I could see a survey on rights violation suits. I think the results would not be supprising. Our rights are important, but so is thy neighbors rights.

  • Ralphie_max50

    rafaelmorales

    over 3 years ago

    2994 Comments

    We are walking lotto tickets......Stay strong my brothers and sisters of N.J Newark P.D.

  • John_groh_max50

    wiseass0282

    over 3 years ago

    10982 Comments

    Would have been nice if the Officer, while asking her to get back, accidentally bumped into her knocking the phone from her hand. And then accidentally stomped, I mean stepped on it.

  • Me_max50

    danchey05

    over 3 years ago

    700 Comments

    This is what is wrong with society. This girl disobeyed authority in an emergency situation and now because she was reprimanded she wants someone to take up for her. If my kids did something like this they would be writing apology letters to the officers and the man involved while being grounded and loaded up with extra chores. I am so sick of hearing about everyone "rights". Why should exercising your rights violate someone else's?

  • Photo_user_blank_big

    Anonymous

    over 3 years ago

    Though i agree with greypanther's assessment I also like Anti Cop Lawyers United

  • 063_max50

    jims4

    over 3 years ago

    2610 Comments

    I wish she were my daughter...no wait, my daughter learned long ago so we would not have been in this situation. Never mind.

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