The New York Police Department is facing a lawsuit after they violated the First Amendment rights of Ruben An, an associate for the Committee Against Anti-Asian Violence, who recorded public police activity.
In recent years, the recording of police misconduct has put pressure on administrators to hold police departments accountable for their acts of brutality against minorities.
In 2014, the cellphone recordings of a police officer putting Eric Garner in a chokehold allowed the public to observe the officers’ wrongdoing. When the fatal shootings of Alton Sterling and Philando Castile were posted on social media, they inspired thousands of protesters to gather in solidarity throughout the nation.
“The right to record is about the ability to create important footage that can be reviewed by society,” said Cynthia Conti-Cook, An’s lawyer. “We have seen a lot of [footage] of young Black and brown men who are brutalized by police officers.”
In the report “Beyond Body Cameras: Defending a Robust Right to Record Police,” Brooklyn College professor, Jocelyn Simonson, explained that civilian recording allowed residents to express ownership over their streets and neighborhoods.
Two summers ago, An, 24, was arrested when he recorded three police officers on a sidewalk in Lower Manhattan who were questioning an African-American man on the street, allegedly about an object he was holding.
According to the cellphone video, when officer Bekim Becaj noticed An recording the incident, he ordered An to stop blocking the sidewalk because An was “in the proximity of a police investigation.”
An complied and stepped away from the police investigation, but Becaj demanded identification from An.
“Put your phone down now,” Becaj ordered. “I just watched three people defer around you because you are standing on the sidewalk.”
Becaj continued, “Give me your ID. Give me your ID.”
“I have a right not to show you ID,” replied An, who has organized workshops in New York on recording police activities and is well aware of his rights.
As Becaj placed him in handcuffs, An asked bystanders to record the activity.
In the second video, which is from a nearby surveillance camera, witnesses can be seen leaning against buildings and observing the police activity. Becaj did not request them to move away from the investigation.
According to the Americans Civil Liberties Union, police officers cannot demand to view a person’s photographs or video or search the contents of a cellphone without a warrant. However, the ACLU advises that if a police officer threatens to arrest a person for using a camera, the person should put the camera away to avoid being detained and call the ACLU for help.
According to Joshua Carrin, an attorney with the Legal Aid Society, An seeks an injunction against the NYPD that will allow New Yorkers to freely record public police conduct without retaliation.