Legal Guide to Blogging Occupy


Photo: David Shankbone, CC BY 2.0.

The wonderful folks at the Citizen Media Law Project of Berkman Center at Harvard Law School have put together a guide for citizen journalists covering Occupy Wall Street. They have done a tremendous job of going through the relevant law in a very comprehensive, yet very concise way. And it makes for interesting reading even for those who are not planning to go to Zuccotti Park and blog, tweet, or snap pictures for Flickr.

Among the questions they tackle:

  • Do I have the right to record police action at the protest?
  • Do I have a right to record the protesters?
  • May the police search me?
  • May the police seize my camera and view its contents?

Here are just a few interesting tidbits from the guide:

  • “There is no law in New York that prohibits the publication of private facts about individuals, and so you cannot be sued in civil court for publishing such facts” [Other states are contrary –EEJ]
  • “You might also have a specific First Amendment right to record the activities of the police in public. This right has been recognized in jurisdictions outside of New York, and would trump any state law that would otherwise prohibit such recording. However, no New York court has ruled on the existence of this right.” [Wouldn't it be interesting if Occupy Wall Street forced the issue in this jurisdiction? –EEJ]

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