Carlos Miller’s recent trial victory represents another small step in the successful assertion of the First Amendment rights of citizen-journalists. Miller, who runs the website Photography Is Not A Crime, was charged with resisting arrest when he refused to stop filming and evacuate an area during an Occupy Miami event. While the American Civil Liberties Union states that police only have the right to stop an individual from photographing in a public space when the photographer’s activities “are truly interfering with legitimate law enforcement operations” a quick glance down Miller’s website shows that police are quick to use charges of resisting arrest to confiscate then delete digital images.
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