1st Amendment and Free Speech/right to video tape birth

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Expert: - 9/20/2001


Question
does a hospital have the right to refuse to allow you to videotape the birth of a child?

Answer
Hi Christy,

The short answer is yes, the probably can refuse you the right to videotape.

If it is a private hospital, there is no First Amendment right.  Those rights only apply to *government* action.  Even in a public hospital, the courts will give a fair amount of discretion to the hospital in permitting the doctors to perform their duties without distraction or disruption.  So it would probably be hard to make a case for it even in a public hospital.

If a hospital will not let you video tape the event, my advice would be to find a new hospital if the issue is that important.

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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