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1st Amendment and Free Speech/First Amendment and Videotaping a Public Debate...

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Question
On September 25, 2007, I attended a public debate at a county government facility between two candidates running for the state Senate in Virginia.  I asked publicly the event coordinator if I could videotape the debate for my wife and I was given the green light.  I stood in the back of the room and shot video with my handheld camcorder.  After the two candidates opening statements, the debate was put on hold as the moderator told me that I had to either be with the local press or stop videotaping.  A reporter for the local paper told him that I had a legal right to videotape the event as it was a public forum in a government facility.  Ultimately, I shut off the camera in order to not cancel the debate.  Were my First Amendment rights violated???

A copy of the video incident is on YouTube:

http://www.youtube.com/watch?v=YEz4y-2ZtXg

Thank you --

Answer
Hi Kevin,

It is a complicated question.  Officials are permitted to restrict video taping of an event if their video taping would be disruptive or for certain other reasons.  However, it may not do so to suppress information.  

You might want to conisder contacting an attorney at the ACLU or some similar organization who can fully review the facts of the case and determine if you have a case.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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