Penn State Cop Shuts Down Two Man Protest, Claims She Has a Civil Right to Not be Recorded

STATE COLLEGE, PA – Two students with a large poster-board and some magic markers were deemed to be in violation of Penn State University’s free speech policy late last week and were quickly shut down by one campus police officer for not having the required permit.

Video captured by Kevin Caputo, a member of Young American’s For Liberty, shows himself and his cohort being confronted by a campus police officer who immediately asks if the “structure” — deemed the Free Speech Wall — belonged to them. When they answered in the affirmative, the officer demanded identification from both students, then instructed Caputo to cease recording the incident on his cell phone.

“Can you put your phone away for me please?” the officer asks. “Isn’t this a public campus though?” Caputo asks. “But I don’t want to be recorded,” the officer responds. “I have the civil right to not be recorded.” “I’m pretty sure the Supreme Court decided that,” Caputo tells the officer. “I don’t mean to be that guy, but that’s what we’re here for.” The officer replies, “OK, but I’m just saying I wouldn’t like to be recorded.”

Caputo was likely referencing one of many court cases that reaffirmed the public’s right to film public officials while they are conducting official business. The most famous of which is a case out of the United States Court of Appeals in the First District, Glik v. Cunniffe (2011), which held that a private citizen has the right to record video and audio of public officials in a public place, and that the arrest of the citizen for a wiretapping violation violated the citizen’s First and Fourth Amendment rights. In short, Caputo was on solid ground to record the incident.

The officer then explains to the students all of the hoops, hurdles, and paperwork that would need to be completed in order to stand in public with a large easel, while handing out pocket Constitutions.

“So we have to get permission to protest?” Caputo asks. “Correct,” the officer responds. “In the free speech zones?” Caputo asks. “Yes… you have to get like what we call a permit and just so that Old Main is aware of it and we’re aware of it so we know that it’s permitted through campus.”

Caputo and his friend had erected a large sign board in a campus designated “free speech zone,” where passersby could sign their name, or write whatever they wanted, presumably to encourage free expression. However, some worthless parasite in the administration office did not take kindly to the idea of individuals expressing ideas in public without their permission, and decided it warranted a call to the hired guns to shut down these men down under the threat of violence.

I wish these men would have flexed their rights and stood on principle, but they willingly handed the officer their ID, current address, phone number and school ID number, none of which they had a legal obligation to provide (I am not an attorney, not legal advice). But it is encouraging to see young people with enough awareness to donate their time for the idea of Liberty.

H/T – CampusReform.org

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