Charges dropped against Photography Is Not a Crime blogger for posting police media relations number online

This is a local story for me since it involves the Boston Police Department. I’m happy to see a positive resolution, though disappointed that it the situation even arose. At its essence, a blogger was charged with witness intimidation and faced 10 years in prison for posting the publicly-available media relations phone number and email address for the Boston Police Department in a post about police harassment of a man taking video of police activity (video above).

Carlos Miller is the very active blogger behind the Photography Is Not a Crime site, which catalogs instances of photographers and videographers being arrested, detained, harassed, or otherwise interfered with by authorities while taking pictures or video. The blog is a valuable resource in the fight against increased limitations placed on visual media, especially regarding police activity. Miller frequently writes about intimidation and harassment of photographers by police, and entreats readers to write to police departments and lawmakers to fight against these injustices. We’ve covered laws preventing recording police activity before, in addition to other parts of the war on cameras.

In August 2013, Miller published a blog post about a video in which a Boston Police sergeant shoved and harassed a man taking video of police action on a public sidewalk. At the end of that post, Miller told readers to call the Boston Police Department and listed the Public Service Desk customer service number available on BPD’s own website. One reader did just that, recording a short conversation with Boston police spokeswoman Angelene Richardson, who found the recording online and filed a charge against Taylor Hardy for illegal wiretapping (Hardy maintains that permission was granted to record the call; the charge was later dropped). In a post discussing these wiretapping charges, Miller again asked readers to call a publicly available number to ask that charges be dropped. In a later post, Miller said he posted the number to “[allow] readers to contact them to show [BPD] we are paying attention.” After numerous readers called in about the charges, Boston Police Detective Nick Moore filed witness intimidation charges against Carlos Miller and threatened similar charges for anyone who called in.

Miller launched an indiegogo campaign to help with legal fees, ultimately raising $4300 to hire a lawyer. Readers continued to call in to the Boston Police Department, the lawyer mounted legal challenges to the charges, and the case started to draw some media attention. The Boston Police Department eventually folded and agreed to drop all charges against Miller and Hardy. You can read other summaries of the case by PBS and the Committee to Protect Journalists.

Of particular note related to the BPD’s actions that started this whole chain of events, in 2011 a federal appeals court ruled against (pdf) Boston police arresting a man for using his cell phone to record police activity in public without permission. The court noted that “changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw.”

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