Monday, May 25, 2020

Public Safety Outweigh Petitioner s First Amendment Right

C. The interest of public safety outweighs Petitioner’s First Amendment right to record. Petitioner’s recording posed an unreasonable risk to bystanders, passing motorist, and the police, essentially creating an inherently dangerous situation. Kelly v. Borough of Carlisle, 622 F.3d 248, 262 (3d Cir. 2010). The Third Circuit has firmly recognized that traffic stops are especially fraught with danger to police officers. Id. A traffic stop always poses danger because of its unpredictable nature, but even more so, when a potential suspect is on the loose. Petitioner was a suspect for a crime of several residential break-ins, which a reasonable office would assume is armed and dangerous; thus creating a heightened risk to the officers’ safety. Furthermore, the Petitioner was stopped on the side of a road congested with traffic. If the officers do not maintain control of the situation, any unpredictable movement could result in grave injury; therefore, the police officers acted reasonably by minimizing the unnecessary danger added by Petitioner’s recording during an already dangerous situation. D. Petitioner’s recording is not a matter of public interest that carried any expressive or communicative purpose. The encounter Petitioner recorded is not a matter of public interest. Although there is a broad First Amendment right to film matters of public interest, the extend of that right to film public officials have not been explicitly defined by the Supreme Court or any otherShow MoreRelatedAliens : An Alien Who Arrives At The Nation s Borders7568 Words   |  31 Pagesbased on unauthorized entry, but rather, should be a â€Å"measure of last resort.† Therefore, simply detaining an individual as a method of deterrence is a violation of international law. The American Declaration on the Rights of Man, the International Covenant and Civil and Political Rights (ICCPR), the Refugee Convention and Protocol, and the Convention Against Torture (CAT) are the United States’ main governing bodies of international law. The American Declaration is not legally binding but it doesRead MoreTata Nano Case11008 Words   |  45 Pagesundertakings/ Development Authorities, at the public expe nse for a public purpose viz., employment generation and the socio economic development of the area by setting up a Tata Small Car project†. Local farmers soon began protesting the forced acquisition of their land for the new factory. As the protests continued through 2007 and 2008. Tata first delayed the Nano launch and later decided to build the car at a different location in Gujarat, instead. India s Ratan Tata had always expected his $2,500Read MoreNational Security Outline Essay40741 Words   |  163 PagesTipson 50 CHAPTER 18: The National Security Process 60 CHAPTER 19: intelligence and Counterintelligence 63 CHAPTER 20: Access to Information 65 CHAPTER 21: Freedom of Expression 70 CHAPTER 22: National Security and the Fourth and Fifth Amendments 73 R. J. Rummel, â€Å"Power Kills; Absolute Power Kills Absolutely (Oct. 1991) 77 A. Theories of Confidence-Building Measures 79 J.N. Moore, Law and the Indochina War 81 Henkin, Is there a ‘Political Question’ Doctrine? 82 STANDING 83 JNM, SOLVING

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