Prometheus 6

The city agreed in 1985 to abide by guidelines for police tactics as part of a settlement of a lawsuit by Vietnam-era political activists. Four years ago, after the 9/11 attacks, a judge agreed to give the police greater powers to investigate political groups. Unfortunately, the cops ignored the part about having a rationale for video surveillance.

Smile, You’re on N.Y.P.D. Camera

The New York Police Department has generally had the public on its side when it comes to securing the city since the Sept. 11 attacks. For their part, New Yorkers seem perfectly willing to put up with inconveniences, including traffic stops and bag searches. But the police have more and more overstepped their bounds by routinely and indiscriminately videotaping demonstrations of every kind, even peaceful ones. A federal judge was right this week to order the police to curb this conduct.

The practical effect of the order is to compel law-enforcement officers to obey guidelines that require them to state a reason to suspect unlawful activity before they videotape demonstrators. They must also get department authorization. That’s a modest requirement. The city contends the current practice is not strictly unconstitutional, but the prospect of being photographed by police while merely protesting can have a chilling effect on free speech.

The city agreed in 1985 to abide by guidelines for police tactics as part of a settlement of a lawsuit by Vietnam-era political activists. Four years ago, after the 9/11 attacks, a judge agreed to give the police greater powers to investigate political groups. Unfortunately, the cops ignored the part about having a rationale for video surveillance.

This week, the same district court judge, Charles Haight Jr., rebuked the city for that failure. He said it was fine for the police to videotape the hundreds of bike riders who take to the streets on the last Friday of every month as an environmental protest, because the riders have a history of traffic violations. But taping a peaceful demonstration by activists for the homeless in front of Mayor Michael Bloomberg’s home, as was done in 2005, was pointless because the group posed no security threat.