[HN Gopher] ACLU sues Minnesota for police violence against the ... ___________________________________________________________________ ACLU sues Minnesota for police violence against the press Author : soraminazuki Score : 448 points Date : 2020-06-03 18:24 UTC (4 hours ago) (HTM) web link (www.aclu.org) (TXT) w3m dump (www.aclu.org) | megous wrote: | It's like Lysander Spooner was onto something with his pamphlet | "No Treason". State representatives mentioned in the brief are | barely distinguishable from highway robbers. The swearing | language, the lack of care for any legal basis for their actions, | baseless physical attacks, like shooting harmless people with | rubber bullets, the attitude, etc. | c3534l wrote: | Just earlier this month, protestors a stat over adorned rifles | and threatened the governor. This time, the police are ready to | teargas and beat anyone for any reason. The response doesn't seem | the same. They've turned protests into riots. | mberning wrote: | I don't remember them starting any fires or looting any stores | either. | sonotathrowaway wrote: | I don't remember police launching tear gas into peaceful | crowds back then, nor do I remember police breaking windows, | assaulting press, or vandalizing storefronts then either. I | wonder why police would want to discredit protests that occur | in response to their murders. | cutemonster wrote: | (is there a typo? What does: _" protestors a stat over adorned | rifles"_ mean) | Fezzik wrote: | a stat(e) over, an adjacent State. | madengr wrote: | Maybe the difference is the protesters being armed? | DoofusOfDeath wrote: | One thing I've never understood is how ACLU has legal standing to | file many of its suits. | | I'm assuming that ACLU isn't claiming to be the injured party in | suits like this current one. Are they acting as attorneys for one | of the alleged victims? | c0nsumer wrote: | Yes. Read the filing here: https://www.aclu.org/legal- | document/goyette-v-city-minneapol... | csnover wrote: | For anyone who doesn't want to read the legal complaint, the | named class action plaintiff (Jared Goyette) was shot in the | face by the police with a "less lethal" round[0] and nearly | permanently lost his eyesight[1] after he had just finished | reporting on a man who had been shot in the head by the | police with a "less lethal" round.[2] | | [0] | https://twitter.com/JaredGoyette/status/1265786797650558976 | | [1] | https://twitter.com/JaredGoyette/status/1266115234420400129 | | [2] | https://twitter.com/JaredGoyette/status/1265779746153078793 | [deleted] | oftenwrong wrote: | In this case it is a class-action lawsuit filed by the ACLU on | behalf of the journalists. The lead plaintiff is a journalist | who was shot by the police while covering a protest. | inetknght wrote: | Class-action lawsuits in the USA often end up being settled | with little or no real action. I hope for better here but I'm | not going to hold my breath on it. | JackC wrote: | When ACLU brings a lawsuit on behalf of an individual, it's | common for the government to moot the lawsuit by changing | the treatment of that one person, or offering a settlement | to that one person, or even deporting that person, without | changing its behavior in general. A class action means the | government can't avoid the lawsuit that way. | | What you're saying is a real issue in general, but not | relevant to class actions as used as a civil rights tactic | by ACLU. | sukilot wrote: | The suit is only asking for some money and for the Court to | order the state to stop breaking the law even though the | state presumably believes it is not breaking the law | | It's almost entirely symbolic. | kyboren wrote: | This is because class actions are often little more than | schemes to enrich attorneys. | | This is not such a case and ACLU are not such attorneys. | mehrdadn wrote: | Man, this seems like such an uphill battle. I feel like unless | they can show police were trying to deliberately target the press | rather than just treating them like any other members of the | public, they'll have that much more difficult of a time getting | past qualified immunity and winning a lawsuit. | toast0 wrote: | > getting past qualified immunity and winning a lawsuit. | | There's a lot of hubub about qualified immunity these days, but | it only shields individuals from individual civil | responsibility, it does not shield organizations from | organizational responsibility for the actions of individuals | under their employ. | | Chances are, parties would sue the organization anyway, as the | individuals are unlikely to be able to pay significant damages. | newacct583 wrote: | It's the ACLU. The goal here isn't go win a case for these | individual journalists, it's to get a ruling clarifying the | rights of journalists in the face of police action. The holy | grail, in fact, would be to get a ruling rolling back the | current scope of qualified immunity. | petrocrat wrote: | The organization is funded by taxpayers and any awarded | damages would be covered by taxpayers... so it's not a | disincentive for the Police. | toast0 wrote: | Even if the individual office was fiscally responsible, | their money came from taxpayers too. The community ends up | paying for the damage its agents do to the community. | | The police forces are managed by elected officials, who are | elected by taxpayers. These politicians should be held to | account by voters for either their lack of leadership on | police abuse of force (my preference) or their lack of | fiscal responsibility in allowing police abuse of force to | continue, accruing large legal bills and settlements (and | increased liability insurance costs, presumably). | TallGuyShort wrote: | I agree with you this probably won't be easy. But the video of | the CNN arrest is quite damning in my non-lawyer opinion. They | had press credentials. They clearly and calmly identify | themselves as press. They clearly and calmly state that they | will move back to wherever the police want them. They are | arrested 1 by 1 over the course of several minutes. | cabaalis wrote: | IANAL. I've always thought of freedom of press as the right | to publish. Is it now expanded to the right to be and go | where others cannot lawfully go? | petrocrat wrote: | The 1st amendment covers freedom of assembly as well. | | > Congress shall make no law... 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. | | Press implies covering events and publishing about them. If | that's not convincing enough, they spell it out in right to | assemble, anyways. A press corps can assemble to cover | events. | mehrdadn wrote: | > Press implies covering events and publishing about | them. | | I don't think it implies that covering events has some | kind of immunity. It's still subject to any general | restriction on the assembly. The government can impose | restrictions on the time, place, and manner of peaceful | assembly, provided that constitutional safeguards are | met. See https://www.loc.gov/law/help/peaceful- | assembly/us.php | smileysteve wrote: | Beyond the first amendment is the 4th estate doctrine, | origin ating from British concepts. | | While less legally defensible it is much of the reason why | the BBC, FCC exist, why we have camera crews embed with | troops. | | https://en.m.wikipedia.org/wiki/Fourth_Estate | mehrdadn wrote: | I'm having trouble finding the clip you're talking about (the | link next to CNN redirects to AP News and says "PAGE NOT | FOUND" for me?), but in any case: the thing is, I don't think | (though IANAL, please do correct me if this is wrong!) it | legally matters one bit that they had press credentials and | clearly identified themselves as such. Being a journalist, as | far as I know, doesn't give you some kind of immunity to | anything. My understanding is that if they get treated | better, it's only because the executive does it out of | respect for the press or to steer clear of the line and build | a more clear-cut case. But legally, I expect they'll just be | treated like any random people. I imagine police will make a | case that it's not realistic to negotiate with each person on | an individual basis when dealing with crowds and that they | have to do things in bulk as much as possible. And if you | want to win, you can't realistically argue that they | shouldn't have the power to do things en masse, so the only | viable remaining argument I can see is that, even with that | consideration, their actions were still somehow | unconstitutional. It's possible one could make such a case | for some of these incidents, but if the CNN case was merely | one of being "arrested" as you describe (and not e.g. getting | badly injured etc.), it doesn't sound like a winning case. | The legal system seems to pretty much treat a mere arrest as | a no-op in many situations... treating it otherwise requires | clearing a really high bar as far as I've been able to tell. | aspenmayer wrote: | Here is the video of the CNN reporter arrest. I have | included the description of the video below to help people | find it: | | A CNN reporter and crew have been arrested live on air | while covering the Minneapolis protests over the killing of | George Floyd. | | Black correspondent Omar Jimenez had just shown a protester | being arrested when about half a dozen white police | officers surrounded him. | | Mr Jimenez told the Minnesota State Patrol officers: "We | can move back to where you like", before explaining that he | and his crew were members of the press, adding: "We're | getting out of your way." | | The journalist was handcuffed and led away alongside a | producer and camera operator for CNN. | | https://www.youtube.com/watch?v=TIClA57jWmQ&t=138s | | accompanying story from same publication's site: | | https://www.independent.co.uk/news/world/americas/cnn- | report... | mehrdadn wrote: | Thanks! Yeah, so that seems potentially distasteful (and | maybe with bad optics for the executive) but I just don't | see what's illegal about it. | gpm wrote: | Arresting someone (restricting their movements) without | probably cause that they are guilty of a crime is | generally known as "false imprisonment", sticking them in | a van and driving them away is generally known as | "kidnapping", both are crimes. | | If we believe the journalists that they were legally in | the area, and the police either knew this or at least | didn't have probable cause to support that they weren't | legally in the area, I don't see how both of the above | crimes were not committed. | mehrdadn wrote: | But _do_ you actually believe police didn 't suspect | there was a crime? The video doesn't suggest that to me | at all. Like this other person wrote [1], it doesn't seem | unlikely that they were ordered to disperse or something | under some public safety law and refused. (Or, I guess, | you could say the reporter just didn't hear it and missed | the memo. Doesn't really change it from the officer's | perspective though.) | | [1] https://news.ycombinator.com/item?id=23409320 | gpm wrote: | I personally find it hard to believe that the police | believed they had probably cause after the journalists | told them that they had been instructed to stand there by | another cop. | | Specifically I certainly don't believe that the | journalists actually committed a crime if they had | instructions from another cop that they could stand | there. Those instructions would tend to negate any | general order, and even if it didn't legally negate the | order it would constitute entrapment and functionally | negate it anyways. As a result I don't believe the police | would think they had probable cause after they heard the | camera crew claim they had received that instruction (and | amusingly this is regardless of whether or not the camera | crew had actually received the instruction they claimed | to have received - to make it false arrest/kidnapping it | suffices to be a probable enough claim that the police no | longer believe they have probable cause). | | A secondary weaker argument is that the governors order | excluded the press from the curfew so even if the police | had issued an order which included the press that order | was illegal as applied to the press, and as a result they | had no probable cause to arrest the press. It's weaker | because to show they committed a crime under this theory | I suspect (without checking Minnesota's statutes) you'd | have to show they were aware of the contents of the | governors order. | | IANAL/I am not aware of the details of Minnesota's | statutes - obviously details of the statues might change | the above analysis in either direction. | mehrdadn wrote: | > I personally find it hard to believe that the police | believed they had probably cause after the journalists | told them that they had been instructed to stand there by | another cop. | | At what timestamp did the journalists tell the police | officers that they had been instructed to stand there by | another cop? I must've missed that part when I watched | the video. | thephyber wrote: | I know exactly how the police will be defended: | | "20 minutes before the video you saw, police announced that | the protest was closed and declared an unlawful assembly for | the purposes of public safety. All people remaining after | that warning were in violation of the law and the officers | followed their instructions to clear the area." | anewdirection wrote: | The CNN arrest was not violent, not were they held long. The | reporter later said everyone was nice, and they had orders to | arrest anyone in the path of the crowd who did not | immediately disperse. If there is an example of the police | acting badly, or treating press differently, this is not it. | thephyber wrote: | Unfortunately, I don't think this comment should be voted | down. I suspect it's exactly the orders police are given | when the order to disperse a crowd/protest is given. | jbeam wrote: | An arrest doesn't need to be violent for it to be a bad | act. At that point they were surrounded and would have had | to push through the police to "disperse." They repeatedly | asked police officers where they should go and were met | with silence, so it's not clear where they were supposed to | disperse to. They were arrested without the police saying a | word as to why they were arresting them. | | That screams of "I'm trying to figure out a way to arrest | you, but I can't think of a reason. I'm going to do it | anyway." Police should not be arresting journalists (or | citizens!) for no reason. Being released quickly doesn't | suddenly make the original act okay. It just makes it so it | doesn't get worse. | dharmab wrote: | They were released quickly because the president of CNN was | on the phone with the Governor of Minnesota within minutes. | | https://www.cnn.com/2020/05/29/politics/tim-walz- | minnesota-c... | eric_b wrote: | I'm interested to see what comes out of all this. I am very glad | I do not live in Minneapolis. I did not see a specific damages | amount in the complaint, but I am assuming it will be high, | especially if granted class action status. Bankrupting state and | city police forces probably "feels" good to a lot of people here. | But what are the second and third order effects of underfunded | police departments? | | In MN the Minneapolis city council wants to disband the police | department entirely. This may be all talk, and I'm not sure if | it's technically possible, but what happens if there is no police | department? What are the second and third order effects of that? | Is having no law enforcement a better outcome for the residents? | My initial reaction is "no". | | When confronted with videos of people rioting, looting and | vandalising most respond that "it's only a few bad apples, the | vast majority are peaceful". Is it not true that most cops are OK | too? I'm honestly asking. Yes there are some problem cops - | Chauvin obviously having a long history of issues. But are we | really saying that the majority of cops are bad actors? It feels | like with emotions so hot right now, people are willing to throw | the baby out with the bathwater. I am skeptical that is the right | course of action. | r00fus wrote: | > I am very glad I do not live in Minneapolis. | | You know the protests are in all 50 states. Some of the flare- | ups are due to responses to pent-up frustration from covid, but | a lot are due to police riots/escalation. The rest of the | protests are peaceful. | | > But what are the second and third order effects of | underfunded police departments? | | Police departments, for many reasons, are the most over-funded | [1]. NYPD went on strike and crime actually went down [2] for | the month they didn't police. | | The goal is not to "disband" but essentially rewrite the entire | purpose of the department. Essentially put the policing | function in receivership to be revived with new leadership. | | [1] https://theappeal.org/spending-billions-on-policing-then- | mil... | | [2] https://www.latimes.com/science/sciencenow/la-sci-sn- | proacti... | loopz wrote: | Police behaviour and processes are systemic. They're supposed | to use right strategies and target the "bad apples". They're | also dependent on leadership. | eric_b wrote: | I agree. The bad apples have to go. My concern is that we | want to "hurt" the police rather than fix the systemic | issues. | | It seems that the Minneapolis police department has had | excessive force issues for years. That feels like a | leadership failure to me. In that case you'd look at the | Chief, the union rep, the Mayor and any other folks who can | change the culture but don't. | loopz wrote: | Was thinking about looters. The police is a system that | should find better solutions. It also need to police itself | as you mention. It's a culture thing, so very easy to | improve! | anigbrowl wrote: | Reformists have had decades to work in and the outcome is | that we just see more impunity, more hardware, and more | money spent on policing to the detriment of all other | social services. The approach has failed dismally and it's | time to take a more drastic approach. | briansteffens wrote: | > That feels like a leadership failure to me. In that case | you'd look at the Chief, the union rep, the Mayor and any | other folks who can change the culture but don't. | | Yeah, I agree 100%, and this is why the "few bad apples" | angle falls apart. This is a widespread problem with the | culture of many police departments. It's not enough to fire | the murderers themselves, we also need to ask: | | - Who hired them? | | - Who trained them? | | - Who supervised them? | | - Who looked into the previous excessive force complaints | and decided they weren't a problem? | bberenberg wrote: | I don't think disbanding a police force means what you think it | means. Take a look at https://www.governing.com/topics/public- | justice-safety/gov-c... | | The goal is to wipe the slate clean and rebuild from the | foundation. | eric_b wrote: | From your article: | | "The Camden County Police Department rehired most of the | laid-off cops, along with nearly 100 other officers, but at | much lower salaries and with fewer benefits than they had | received from the city." | | So the solution was to keep most of the cops (which I agree | with) and then pay them less (which I, umm... I mean... that | doesn't seem like a recipe for success but eh). | | From that article it sounds like it's too early to tell if it | worked. Is the new police force doing better than the old | one? | r00fus wrote: | Police are some of the highly-paid government employees out | there. And that's not counting overtime. | anewdirection wrote: | Also one of the most corrupt. I wonder if better pay | disincentivises fraud and corruption? | leetcrew wrote: | if they managed to rehire most of the officers and some new | ones on lower salaries, that sounds like their salaries | were mispriced to begin with. a clear win for the taxpayers | in my book. | bberenberg wrote: | You can look into a history of similar activities across | the world. The process of firing and rebuilding from | scratch is the only one I know that has consistently | worked. The ones that come to mind other than Camden is | Northern Ireland [1] and Georgia (country)[2]. I believe | there were a few other cases of this in the US, but I can't | remember them off the top of my head. | | The Norther Ireland article specifically covers a few of | the reasons _why_ this works. | | Edit: I realized that I didn't respond to your question of | whether this demonstrates an improvement in Camden. Citylab | seems to think so, but offers a nuanced explanation of why | this may not be the case and what other factors are at play | [3] | | [1] https://www.sipri.org/commentary/topical- | backgrounder/2019/p... | [2]https://www.centreforpublicimpact.org/case- | study/siezing-mom... [3] | https://www.citylab.com/equity/2018/01/what-happened-to- | crim... | vertex-four wrote: | The problem is that the "good" police are incentivised to | protect the "bad" police, and do so. You're not going to find | the "good" police investigating and charging their colleagues - | when it does happen, they're inevitably harassed and removed | from the force - and nobody else is in a position to do so, so | what you get is the "bad" police operating with impunity. | | And there's effects on the wider system - courts will believe a | police officer's account of what happened pretty much no matter | the opposing evidence. There's no accountability when a police | officer goes against the reasons they were hired, and destroys | people's lives. | | There's the possibility of alternative systems of protection | and justice, which don't create organisations which are | incentivised to protect murderers, abusers, and rapists. | eric_b wrote: | What do some of those systems look like? Have any been tried | on a large scale? Are they effective? (Honestly asking, I am | trying to imagine something other than a police force - or | that looks like a police force - that can effectively deal | with crime) | testbot123 wrote: | I don't think they're advocating for disbanding the | department completely (from the article): | | > I don't know yet, though several of us on the council are | working on finding out, what it would take to disband the | MPD and start fresh with a community-oriented, non-violent | public safety and outreach capacity. | | It takes a lot of investment in the community, but it | works: https://www.citylab.com/equity/2018/01/what- | happened-to-crim... | vertex-four wrote: | On a large scale, not really. It's very, very hard to | change a society away from being under the control of the | police. On a smaller scale - yeah. There's a lot of books | on the subject of transformative justice, and various | methods are practiced in many many leftist spaces. I've | been involved in some of it, and it's worked from my | perspective. | | And simply _meeting people 's needs_ deters a lot of crime | - nobody's going to wind up in a position where they're | robbing a gas station if they know, from an early age, that | they're going to be sheltered, well fed, and have a good | life, and this isn't dependent on massive amounts of luck, | and if they fuck up there's another chance. | [deleted] | [deleted] | [deleted] | gen220 wrote: | As far as I understand it[1], the state and the federal | government have the ability to prosecute police misconduct, | and their incentives are aligned to crack down on the bad | police officers. | | The problem is that they are dramatically limited in the | types of charges they can press against officers of the law | (charges that carry big penalties, and have a very high | burden of proof). This is anachronistically because we as a | society have decided that officers deserve benefit of the | doubt in the lack of compelling evidence. These days, many | instances of misconduct are recorded, and the rules should | change. | | In Eric Garner's case, for example, the govt attorneys | declined to press charges, because they lacked sufficient | evidence that the officer was _knowingly_ violating the | rights of Eric Garner. The burden of proof for any kind of | misconduct charge is currently so high, that even an | egregious misconduct case like this passes by untouched. | | If the attorneys general had a wider range of misconduct | charges in their arsenal, they could raise the _average_ cost | of police misconduct, and it might improve the situation. | | [1] recently informed by | https://www.stitcher.com/podcast/pushkin-industries/deep- | bac... | sonotathrowaway wrote: | The NYPD kidnapped and involuntarily committed a | whistleblowing officer who they learned had evidence of | their stop-and-frisk quotas. | wanderr wrote: | If "good" police are standing by and allowing "bad" police to | get away with these things, I'd argue that they are complicit | in the bad behavior and not so "good" after all. | vertex-four wrote: | Indeed, there's a reason I put them in quotes. | jdavis703 wrote: | If it's only a few bad apples why are we seeing lines of cops | firing tear gas at peaceful protests, running their motor | vehicles in to people and hiding their badge numbers and names? | trhway wrote: | > Is it not true that most cops are OK too? I'm honestly | asking. Yes there are some problem cops - Chauvin obviously | having a long history of issues. But are we really saying that | the majority of cops are bad actors? | | judge for yourself - the 3 randomly selected cops from | Minneapolis PD were clearly aware of what was happening and | were just watching as business as usual when a sadistic | psychopath (just watch the video and listen to the Chauvin's | tone of voice for example) was slowly and torturously executing | a human being. What those 3 tell you about the cops en masse? | | >a long history of issues | | It is pretty typical - while many cops would usually not commit | severe abuse/crimes/etc. at their own will, they would do | nothing to stop, prevent, help to prosecute the "bad apples" | cops. Basically it is a police union's, the Fraternal Order of | Police's, version of omerta. And that makes them at least | accessories to all those crimes. | pjc50 wrote: | > But are we really saying that the majority of cops are bad | actors? | | As with the Floyd case, for every murder by police there are | three officers standing by watching and doing nothing, at best. | | The examples to watch are Camden NJ and the RUC -> PSNI | transition. | fallingfrog wrote: | I'm pretty sure the problem of police abusing their power is | never going away, so long as we have policing in its current form | rather than some sort of unarmed or lightly armed community | helpers. The reason they are always equipped with lethal weapons | and so quick to use them is that their role is mostly to protect | the people who have property from the people who don't. And in | America that's always going to have a racial element. Black | people in America are mostly still used as cheap labor- human | capital stock. Unless they are willing to start redistributing | wealth away from the super wealthy towards the least wealthy the | ruling strata will always have to use violence to maintain order. | And that means journalists too. | | That is why if you want to highlight who is holding the real | power and address the issues of inequality, the best place to | start is to attack the police directly. Because it's something | that they are structurally unable to fix without fixing a whole | bunch of other stuff first, and it places the focus right in the | center of where the violence is coming from. It forces a | confrontation by making a demand that they cannot ignore but also | cannot actually address. | anewdirection wrote: | Being armed does not matter, unchecked power matters. I could | care less if they carried ak47s as long as they used them more | sparingly. Disarming the police might have more effect on how | interactions happen, but is not the problem, nor a very | workable solution where citizens have the right to be armed. | | The police are bound by laws. Attacking them is not helpful. If | the police are bad, the laws are bad, and/or not being | enforced. The history of mandatory sentancing laws (funny | enough brought forward by none other than Joe Biden) might as | well be the soundtrack for police racism over the last 20 | years. | MBCook wrote: | As so many of these incidents have happened over the last few | days it seems like there should be a law that heightens the | penalties when cops attack the press compared to the current | penalties. | thephyber wrote: | No thanks. | | We already have tons of statutes for all sorts of | assault/battery with modifiers if they are done using lethal | weapons. | | Police have already been demanding that "hate crime" laws | (which are historically limited to who you are, not your | profession or your choices) be amended for extra harsh | punishment for attacks on police officers (despite many other | existing statutes with similar purposes). | | In the end, prosecutions of police with harsher statutes don't | matter unless the conviction rate goes up. Right now, | convictions of officers for actions done while in uniform are | astronomically low. We need to work the other parts of the | problem (gathering evidence, getting police to stand witness | against other police, getting DAs to actually charge and push | for convictions, firing of officers for conduct unbecoming an | officer, etc). | zucker42 wrote: | Well a big problem not included in your post is that police | officers can't face liability for violating people's rights | in many cases because of qualified immunity. | cxr wrote: | This is the kind of comment that makes reading through | incredibly frustrating. | | _What do you _mean__ that 's not included in the parent | post? What else do you think the parent is saying if not | _exactly that_? | sharkmerry wrote: | ? | | Parent post did not mention qualified immunity it doesnt | seem. | | > Right now, convictions of officers for actions done | while in uniform are astronomically low. We need to work | the other parts of the problem (gathering evidence, | getting police to stand witness against other police, | getting DAs to actually charge and push for convictions, | firing of officers for conduct unbecoming an officer, | etc). | | it didnt say the low rate was due to qualified immunity | thephyber wrote: | To be fair, QI is a civil liability problem and I was | mostly talking about the criminal trial problem. | | If more police were tried in criminal cases, that would | make it far easier to build evidence for a civil case | which could overcome the QI standard. OJ Simpson was | acquitted in the murder trial, but lost his entire wealth | in the subsequent civil trial to his in-laws. | zucker42 wrote: | He didn't include ending qualified immunity under the | list of things he thought have to change, even though | it's one of the most important. Plus, all the things he | included are social changes or executive policy changes | rather than a specific legal change like ending qualified | immunity. There are specific efforts to end qualified | immunity [1], while his suggestions amount to "we need to | change culture", which is completely true but not as | actionable. It could be that he meant to include ending | qualified immunity, but being specific doesn't hurt. | | [1] | https://www.forbes.com/sites/nicksibilla/2020/06/03/new- | bill... (direct source at https://twitter.com/justinamash | /status/1267267244029083648) | thephyber wrote: | > He didn't include ending qualified immunity under the | list of things he thought have to change, even though | it's one of the most important. | | I didn't name check it, but if you check my post history | there's a reason I didn't call for an outright repeal of | QI -- I don't yet know what the effect of that would be | or what measures might replace it. | | I'm all for removing QI (and outlawing indemnification of | LEOs in employment contracts) and replacing QI with | something like professional insurance, but from my | understanding the problem isn't that "QI prevents cases | from being brought to court", but that DAs don't actually | bring cases to court which could beat the QI standard. | | Also, in my understanding, QI is simply protection | against _civil_ actions, not criminal prosecution. To | repeat - I think the _core_ problem is more that DAs don | 't bring the cases, not that the law is insurmountably | high. | zucker42 wrote: | Yeah like I said, I largely agree with you, I was just | tacking on QI. | shkkmo wrote: | "law that heightens the penalties when cops attack the | press" seems to be talking about increased criminal | penalties not civil liability. | | Ending qualified immunity doesn't do anything to help the | application of criminal penalties against police who | violate the law, it only restores the civil liability for | those actions. | thephyber wrote: | I concede that QI is a problem and should be addressed. So | should contractual indemnification of officers by the | department (which is a contractual way to bypass the | doctrine of QI). | | My list was not comprehensive. | lhorie wrote: | I don't really understand comments that ask for heightened | penalties for [topic-du-jour]. In my mind, the justice system | should not strive to be _more punitive_, but rather to be | _fair_. | | If we follow the logic of making punishments harsher (say, | adding years of prison to a violent cop), what then do we as a | society expect is supposed to happen when said cop finally | attempts to reintegrate into society after doing their prison | sentence? We can't keep "wishing away bad guys" as if real life | was a movie that conveniently ends at a happy ending. | | If anything, a revamp of the current system needs to _do away_ | with special protections and other dis-equalizer factors. | | For the matter of police violence specifically, I feel that the | courts are not even the best medium for change. For example, | why is the topic of police training largely absent in these | discussions? | sukilot wrote: | Which should be penalized more? Shooting a journalist for | journaling, or shooting a Black person for being black? | | Ranking victims by status is a dangerous game. | rumanator wrote: | > Which should be penalized more? Shooting a journalist for | journaling, or shooting a Black person for being black? | | Both? | | I don't believe anyone was asked do pick. It's a false | dichotomy. | siphor wrote: | I'd like a law that makes policing without a body camera | illegal and a low felony/misdemeanor | pnw_hazor wrote: | This is a tough one. In Seattle police are directed to not | use their body cams unless they are doing crime investigation | stuff. The policy is designed to protect the privacy of | people not under investigation or otherwise not involved in | crime. | | In pre-body cam days Seattle PD got caught video taping | protests or demonstrations. The current policy prevents that. | | Thus, Seattle cops generally have their cams turned off while | dealing with demonstrations or protests. | smileysteve wrote: | Lol, as if there are no public cameras, cars don't have | dash cams, ATMs and stores don't have cameras, or that | citizens have no expectation of privacy from one another | siphor wrote: | Very good point. I'm sure some hardware that uploads | encrypted footage that's only accessible with a warrant is | technically possible - which would alleviate this concern. | But that's in a perfect world. | trhway wrote: | >The policy is designed to protect the privacy of people | not under investigation or otherwise not involved in crime. | | Obviously lame excuse by the PD as the delete button can do | the same. | pnw_hazor wrote: | It was directive by the city, not the police. | trhway wrote: | so the city didn't trust the police to press the delete | button. Not surprising really. | CamperBob2 wrote: | _The policy is designed to protect the privacy of people | not under investigation or otherwise not involved in | crime._ | | And conveniently, you don't know if you'll be under | investigation or accused of a crime until it's too late to | turn the camera on. | | Sorry, that excuse doesn't fly. This concern should be | addressed by controlling the custody of the footage, not by | preventing it from being captured in the first place. In | reality, body cameras _protect_ good cops. | bcrosby95 wrote: | Policies like this have been adopted with support from | the ACLU. Your flippantly dismissive attitude towards | this view makes me think you aren't all that aware of why | cities might have this policy: | | https://www.aclu.org/blog/privacy- | technology/surveillance-te... | CamperBob2 wrote: | (Shrug) When weighing theoretical abstract harms against | everyday atrocities, I find it fairly straightforward to | pick a side. | | The ACLU says, "There is a long history of law | enforcement compiling dossiers on peaceful activists | exercising their First Amendment rights in public marches | and protests, and using cameras to send an intimidating | message to such protesters: "we are WATCHING YOU and will | REMEMBER your presence at this event."" | | I don't remember anything like that happening, at least | not recently. Do you? The FBI behaved that way towards | MLK, certainly, but it didn't have anything to do with | body cameras. | | In any case, I haven't argued, and won't argue, that | police officers, or even the department itself, should | have access to the footage except when necessary to | defend themselves. Ideally it would be encrypted with a | key held by an oversight board with substantial civilian | representation. | MBCook wrote: | While I understand the sentiment, my understanding was that | there is no evidence that body and actually improve outcomes | even when they are actually used. | Ididntdothis wrote: | Better to enforce the current laws. That should be sufficient. | leetcrew wrote: | I don't think the press should have special protections over | ordinary citizens. the penalty for _any_ unwarranted use of | force should be increased to whatever you would want for | journalists. | dpeck wrote: | Yes! | | Press is a thing people do, not a credential people have. All | people should have freedom to observe and report on (to the | extent they wish or do not wish to) actions of the state. | Restricting that should have severe punishment. | ghouse wrote: | Agreed, though be careful what you ask for. If you're not a | publisher (press), you can't libel. Slander, sure. But | libel, no. | leetcrew wrote: | IANAL, but it's my understanding that anything written | and viewed by a third party is considered "published" wrt | libel. so it's already trivially easy for an ordinary | person to commit libel. | stcredzero wrote: | _Press is a thing people do, not a credential people have. | All people should have freedom to observe and report on (to | the extent they wish or do not wish to) actions of the | state. Restricting that should have severe punishment._ | | Social media platforms, take note! | joshuamorton wrote: | Social media platforms should also have that right. And | in fact they do: | | https://news.ycombinator.com/item?id=23408093 | jedberg wrote: | Edit: I'm wrong. See below. | | The reason they have special protection is because the | constitution grants them special protection. The question of | who is "the press" in this day and age where anyone can | publish anything is certainly up for debate though. | gpm wrote: | > The reason they have special protection is because the | constitution grants them special protection. | | I'm not a lawyer, but it doesn't | | > There is no precedent supporting laws that attempt to | distinguish between corporations which are deemed to be | exempt as media corporations and those which are not. We | have consistently rejected the proposition that the | institutional press has any constitutional privilege beyond | that of other speakers. | | Supreme court in citizen's united, internal quotation marks | omitted. | https://www.supremecourt.gov/opinions/09pdf/08-205.pdf | | > protections of the First Amendment do not turn on whether | the defendant was a trained journalist, formally affiliated | with traditional news entities, engaged in conflict-of- | interest disclosure, went beyond just assembling others' | writings, or tried to get both sides of a story. | | 9th circuit in Obsidian Finance Group, LLC v. Cox http://cd | n.ca9.uscourts.gov/datastore/opinions/2014/01/17/12... | jedberg wrote: | Fair enough, thanks for the info. Looks like I was wrong. | zucker42 wrote: | I mean I suppose the argument could be that they are | afforded special protections because they are _acting_ as | press (i.e. at the protests primarily to document and | report events). But the constitution protects peaceable | assembly as well as the freedom of the press, so it 's | hard to see how this case would turn on that. | rolph wrote: | using weapons or injurious force to facilitate: | | interfering with the evidence of, or the report of a crime? for | the purpose of evasion of prosecution? tampering with a | witness? | jedberg wrote: | In case you agree and want to help with money: | | https://action.aclu.org/give/now | davidw wrote: | Done, thanks! I hadn't given to them in a while. | epmatsw wrote: | For those of us here who receive stock compensation, you can | donate that directly too! If the stock has long term capital | gains, the tax savings can let you donate even more. | | https://www.aclu.org/gifts-stock | myself248 wrote: | Is there a way to give anonymously, such that I won't get spam | from other charities who found out I gave to this one? | | I don't know if the ACLU does that, but literally every other | charity I've ever given to has, and I value my data more than | that. | rtkwe wrote: | I do wish there was an I'm not interested in donating option | for mailers or a list I could get on to say I'm not | interested. One good thing about calls is at least you can | get off the list, no option for that I've seen with mailer | spam. | williesleg wrote: | Who can we use for all the wonton destruction? Hello? Anybody? | mrfusion wrote: | Wouldn't this just be a regular lawsuit? Why do you need the | ACLU? | dagnabbit wrote: | Why does the ACLU's participation bother you? | travmatt wrote: | Because the ACLU has a professed interest in defending freedom | of the press? | coffeefirst wrote: | And a full-time staff that specializes in this sort of thing. | dangus wrote: | This...is a regular lawsuit? | | This is why people donate to the ACLU. So that they can do the | extensive work, pay lawyers, etc. | mrfusion wrote: | I feel like we should save ACLU resources for winning new | freedoms or taking back lost freedoms. (Not that This isnt a | noble cause. ) | lovegoblin wrote: | > taking back lost freedoms. | | Better not to lose them in the first place, though, right? | archon wrote: | This is part of the larger issue of the police - in | Minneapolis and a lot of other places - actively resisting | efforts by the public to document police actions and | provide any level of accountability through those | recordings. That is a freedom that needs to be defended. | function_seven wrote: | That's exactly what's going on here. The press has a | constitutional right to report. This lawsuit alleges that | the police violated that right. And not just once, but | systemically. | | Now they're suing to take back that lost freedom. If they | don't, then what's to stop this continuing to be the norm? | | I can't think of a clearer example of what the ACLU exists | to do. | gruez wrote: | Maybe because those people can't otherwise afford a lawyer to | sue the city/state? | mrfusion wrote: | It's the press though. Aren't they owned by largest | corporations in the world? | zucker42 wrote: | I read through the whole complaint and it's a pretty shocking | catalog of abuse of power, discretion, and force. And it only | covers actions against journalists, and only in the city of | Minneapolis. | iramiller wrote: | Power and anonymity will yield extensive abuses. Even video | recording isn't very helpful for a sea of soldiers hiding | behind face masks and shields. To control the abuse each | soldier or officer in riot gear should have a badge number in | block type the same size as the word POLICE on their uniform. | Combine this with pervasive recording and the public can | peacefully hold bad actors to account via video. | pasabagi wrote: | It's also bizarre because it's so stupid. Normally, police | don't beat journalists because they're conscious that if you | force the media to side with the protesters, it's pretty much | all downhill from thereon in. Once the media has a narrative, | politicians will start picking up on it for political capital, | and then it's only a matter of time before low and mid-level | police start getting thrown under the bus. | | I'd be interested to know to what extent it is that the police | have simply internalized Trump's media antipathy. Perhaps the | insane self-destructiveness of his time in office is leaking... | thephyber wrote: | I think it's the other way around: the police had that | narrative before Trump and Trump picked up on it (and | probably studied/learned of Nixon's strategy). | | The police and police wives in my family were already very | cynical of journalists way back before Trump got roasted at | the White House Correspondent's Dinner. | | Every journo article that criticizes the work of an officer, | a criminal case of the department, or any slight of the | honor/reverence that Blue Liners have for the profession / | individual LEOs is taken very seriously. The irony is that | the journos can't publish accurate information without | sources and police and their families don't/won't/can't be | sources which would make their stories more accurate. | | In the end, you get a media outlet either echoing the | statement of the PR department of the Police or you get an | investigative reporter doing the actual "checks and balances" | role of the media. I just think police culture (and the | legal/employment restrictions placed on officers) can't be | comfortable with freedom of the press. | newacct583 wrote: | > police and their families don't/won't/can't be sources | which would make their stories more accurate. | | That's not true at all. Media coverage of law enforcement | matters is filled with quotes, anonymous and named, from | the police community. That's not less true right now. | | There's nothing stopping these people from talking to the | press. Like anyone with an opinion, they're happy to do it | for the most part. | thephyber wrote: | Yes and no. | | It's true that police officers and their families do have | 1st Amendment protections, but they are also governed by | employment law and can be castigated by brass, fellow | officers if they cause ripples which screw up a case or | department morale. | | > There's nothing stopping these people from talking to | the press. | | If you work for a company, were told that only the | communications office was allowed to talk to the press | about company business, the press asked you for a quote | about something your company did, and you undermined the | company's product/feature/initiative in a named quote, do | you think your employer has the legal right to fire you | for insubordination? | | If it's police wives, they probably aren't allowed to | have the information by department policy, so the officer | who passed on that information could (and should) receive | a reprimand. | | With legal cases, police officers can't just go talking | to press about a case because it could be used by the | defense attorney to muddy the facts of the investigation | or get some evidence thrown out. | pasabagi wrote: | Thanks for the insights - I didn't realize (not an | american) that the US police were so identitarian. But | then, I guess that absolutely fits with american culture in | general. | | >can't be comfortable with freedom of the press. | | I can see that - but equally, while each institution has an | extreme pole it pulls towards, there are usually a few | cooler heads who keep everybody grounded. Beating up | journalists is an inherently self-destructive thing to do, | no matter what you feel about them - ultimately, they have | power, and if you beat them up, they're going to hold a | grudge. | | Perhaps the thing that Trump is really doing is | demonstrating that, for whatever reason, normal rules no | longer apply. You can build a wall in the desert. You can | threaten people with real nuclear weapons on twitter. You | can hit that jerk journalist who thinks he's smarter than | you. | | Anyhow, it's very strange. If I was in the US, I'd | definitely be trying to diversify out of the country. Norms | are what make a civilization. When they start getting | broken from the top down, anything can happen. | tw000001 wrote: | >bizarre because it's so stupid. Normally, police don't beat | journalists because they're conscious that if you force the | media to side with the protesters, it's pretty much all | downhill from thereon in. Once the media has a narrative, | politicians will start picking up on it for political | capital, and then it's only a matter of time before low and | mid-level police start getting thrown under the bus | | This was all going on from day one of the reportedly | "peaceful" protests. I've watched multiple anchors on CNN and | MSNBC discuss "peaceful" protests against backdrops of live | rioting/burning/looting. | | The police need some degree of reformation but journalists | chose a side at least as early as 2016. This is what happens | when activist journalism is completely normalized. Police are | humans too. You can only expect them to take so much targeted | abuse before they target those who are amplifying threatening | voices. | | What are the common refrain on _every single stream_ after | the sun goes down? "FUCK 12". People openly threatening to | murder police. All night long. These are the people | journalists are defending. These are the agitators that the | police have to deal with. Where are news reports of | protesters throwing rocks at riot police? Multiple incidents | of people throwing artillery shells (fireworks) into police | crowds? | | You shouldn't trust the media any more than you trust the | current administration. | craftinator wrote: | That's one reason I prefer live reporting and live streams | to the highly curated content the news shared. The funny | thing is, every single live stream I've seen (30+) features | the police starting violence first. I discount the looters | in this, cause thieves gonna thieve given the chance, but I | haven't seen a rock thrown that wasn't in response to | getting tear-gassed. Maybe cops are just used to absolute, | unquestioned authority, or maybe they just have a high | percentage of bullies and assholes, but after tens of hours | of footage I've watched live, the cops use violence first. | Which is a breach of our Constitutional right to protest. I | personally swore an oath to uphold the Constitution of the | United States against all threats foreign or domestic, and | breaching constitutional rights domestically makes these | cops a perfect description of that threat. | [deleted] | colllectorof wrote: | It shouldn't be shocking for anyone who was paying attention. | There is a good book about related issues by Radley Balco | called Rise of the Warrior Cop. Published in 2013. Unlike many | comments here and on other websites it's not hysterical, or | hyperbolic or contaminated with self-referential post-modernist | bullshit. It is a sober and factual analysis of how American | police became what it is right now. It's not an easy read, but | it's a must-read for anyone who wants to have a reasonable | picture of the problem. | | The public notion of good policing and the actual practices | police departments follow have been diverging for several | decades (if they ever converged). What we're seeing right now | is not some inexplicable increase in bad behavior or cops | deliberately targeting journalists. For modern American police | this is just business as usual, except the volume of deployment | is significantly higher than in the past few decades and the | visibility is much higher as well. | | Edit: | | There is a flip side to this coin. When you have a systemic | problem of this scale, you should be cautious about making | simplistic (especially moral) judgements about individuals in | the system. When someone's training, incentives, position in | the community and even equipment nudge them towards bad | actions, even decent people will routinely do bad things. | thephyber wrote: | > When someone's training, incentives, position in the | community and even equipment nudge them towards bad actions, | even decent people will routinely do bad things. | | "No snowflake in an avalanche ever feels responsible." -- | Stainslaw Jerzy Lec | | If we assume there is such thing as human free will (your | quote shrinks the possibility of what we can affect with our | free will), Police officers are agents who have the ability | to see these environmental factors and {choose to stay | officers, ignore employer-provided therapy, vote for the | union leadership which negotiates their employment contract, | etc.}. | | We don't have as much control over our lives as we would | want, but police (as individuals and as a voting bloc) have | significantly more control over the lives of others than us | non-police do. | lovegoblin wrote: | > contaminated with self-referential post-modernist bullshit. | | What do you mean by this? | elipsey wrote: | >> hysterical, or hyperbolic or contaminated with self- | referential post-modernist bullshit | | Edit: Please see HN comment guidelines. | zucker42 wrote: | Don't get me wrong, I understand police violence is a | continuing problem, but that doesn't make this instance of it | less shocking. | | As a meta note, I've noticed that people often respond to | comments saying "I'm shocked with a recent occurrence of X" | with "X has always been bad and been happening for a long | time" and in my opinion that response only serves to | desensitize people to the bad thing. | jfengel wrote: | The problem is that people are already desensitized. | They've watched X come and go and they act shocked every | time. Then they continue to push it down their list of | priorities when they vote. | | By next week this will be pushed out of the news. By | November it will be completely forgotten, except among the | minority who it directly affects and were already aware. | All of the outrage you hear now will not translate into | change. | | So when people say "X has been bad for a long time", people | need to hear that as "and this time you should remember it | and do something". | roenxi wrote: | There are a lot of different people out there who get | shocked over different things. | | And writing for the 10-30% of people who think that | incentives matter more than innate character - we don't | need people to be sensitised and spring loaded to be | shocked. These growth of these problems has been a visible | trend for my entire lifetime and longer if you buy | arguments like those presented in, say, The Rise of the | Warrior Cop. | | Anyone who gets shocked by trends that have been around for | that long is either very new to this, or part of the | problem. The solution is less shock, more reform to promote | basic principles of equality, freedom and prosperity. | nsajko wrote: | Off topic, but | | > self-referential post-modernist bullshit | | Umm, what? What contaminations exactly are you thinking | about? I just can't place self-referentiality into this | topic. Are you suggesting there is a comparable analysis that | _does_ include self-referential motifs? Also, why is self- | referentiality or postmodernism bullshit? | ForHackernews wrote: | Yes, there is a lot of self-referential nonsense out there. | | A huge number of overwrought social media posts by [mostly | white, mostly upper-class] people not directly affected by | police violence are basically an exercise in centering | themselves and their own feelings. They are not sincere | efforts to grapple with a complex systemic problem. | Avicebron wrote: | Postmodernism is bullshit because it abandons any sense of | rationalism and science and is used as an arm waving way of | selling an agenda, often political, frequently done in a | cynical attempt to seize power illegitimately. Jurgen | Habermas has a thoughtful critique. | op00to wrote: | I know not to beat the shit out of press. So, no not good | people. | ianleeclark wrote: | > Unlike many comments here and on other websites it's not | hysterical, or hyperbolic or contaminated with self- | referential post-modernist bullshit. | | Lobster brain claims another. I have to say that one of the | most overlooked forms of anti-intellectualism in modern life | is the immediate discount of anything that uses even remotely | complex terminology or looks in the general direction of | critical theory. | kinkrtyavimoodh wrote: | Some might argue that it is post-modernism itself that is | one of the most overlooked forms of anti-intellectualism, | as opposed to its criticism. | tristor wrote: | It's not anti-intellectual to reject a philosophy that is | based in the rejection of the very concept of truth and | reality. Post-modernism itself is anti-intellectual, as | it's a philosophy that individualizes experience while dis- | individualizing responsibility. It rejects both empiricism | and rationalism to choose the unhappy middle between the | both, elevating anecdote above experiment, emotions above | rationality. | | "Critical theory" isn't even a thing and barely even | intersects with post-modernism, although I suppose it | shares some philosophical leanings. It's just a repackaging | of Marxist ideals applied to other demographic groupings | besides class, and it's just as easily disproven. | | Edit: Thanks to whoever downvoted me, because they had | nothing worthwhile to say in response. Rejection of | objective truth is a core principle of post-modernism, you | can ask the post-modernists yourself if you like, they'll | agree. Meanwhile speaking the truth earns you hate since | the rise of post-modernism. | falcrist wrote: | One of the most poignant comments on police militarization | I've heard seems to have come from a television show. | | "There's a reason you separate military and the police. One | fights the enemies of the state. The other serves and | protects the people. When the military becomes both, then the | enemies of the state tend to become the people." - Commander | Adams (Battlestar Galactica) | | Obviously, this doesn't directly address the militarization | of the police, but it should be easy to see how it can go | both ways. Outfit the police as a military unit, and they'll | start acting like one. How much surplus military equipment | was sold to police since the Iraq war? | x86_64Ubuntu wrote: | Your edit is just a long way of saying "Nuremburg Defense" | which at least in the West, we've decided is wrong. Hell, | soldiers are trained to kill, but even they have ROE to | follow and are held accountable for bad shoots. I'm not sure | why police officers always seem to get a pass. | philipov wrote: | Shocking does not mean surprising. You can be paying | attention and still find things shocking. If something is no | longer shocking, it means you've allowed yourself to become | desensitized and accept it as an acceptable compromise of | society. No one should find this kind of behavior acceptable. | yibg wrote: | To me that's the more shocking part. In this day and age of | everyone having a cell phone and therefore camera, these will | be captured. Yet the people involved (individually and as an | organization) still went ahead, and in fact often applied | violent tactics against the press broadcasting live. They | either don't think they're doing anything wrong or don't care | as they believe (probably rightly) that there won't be any | consequences. Both are disturbing. ___________________________________________________________________ (page generated 2020-06-03 23:00 UTC)