Jan 22, 2013
An Ohio man who photographed an undercover cop walking through a hallway, then posted the photo online along with the officer’s name, was arrested last week.
And a Constitutional professor interviewed by the Toledo Blade believes his First Amendment rights were not violated.
But a Constitutional lawyer who actually stands up for the First Amendment in court said she is clueless.
According to longtime PINAC reader Marc Randazza, who is licensed to practice law in Nevada, California, Arizona, Massachusetts and Florida:
If you want to know something about Constitutional law, unless it is Volokh or Chemerinsky commenting, there is a 90% chance that the professor doesn’t know what the fuck they are talking about. Law professors tend to say what they wish the law was, not what it actually is. You learn what it actually is, rather than what you wish it was, by practicing law – not by reading inane law review articles about the law.
I think you have a First Amendment right photograph anybody in a public place and to publish truthful information about them.
Randazza stated the above after I had sent him the article seeking clarification on the law because I did not believe the incident fell under the First Amendment’s Time, Place and Manner Restrictions.