University’s Absolute Ban on Videotaping Without Permission is Unconstitutional, Says ACLU of Michigan (11/27/2007)
FOR IMMEDIATE RELEASE CONTACT: media@aclu.org
DETROIT – In a letter sent to
Central Michigan University (CMU), the American Civil Liberties Union of
Michigan urged its president to recognize the right of individuals to videotape
public figures in public places on the campus.
Since August, Dennis Lennox, a junior at CMU, has
periodically videotaped Gary Peters, a Democratic congressional candidate and
CMU professor while on campus. On October 15, 2007, University officials gave
Lennox a letter barring him from videotaping anyone on
campus without expressed permission. The ACLU of Michigan is asking CMU to lift
this restriction because it violates Lennox’s First
Amendment right to engage in political advocacy.
“While some may find Mr. Lennox’s method of videotaping and
posting recordings on the Internet objectionable, it is a protected means of
engaging in political expression,” said Michael J. Steinberg, ACLU of Michigan
Legal Director. “Even Gary Peters has recognized that the university cannot
constitutionally prevent a student from videotaping a political candidate in
public areas of the campus.”
In an Associated Press article published on October 25, 2007
entitled “Student Hounds Prof Running for Office,” Gary Peters acknowledged that
the University’s recording policy is too restrictive as applied to public
figures and that Lennox’s videotaping has value as part of political discourse.
Lennox is currently the Campaign
Director for a student organization called Students Against Gary Peters. As part
of his role with the organization, Lennox has videotaped
and questioned Peters in public on the University campus. Lennox has never
recorded any private discussions or activities and Peters has never asked
Lennox to stop recording during these encounters.
These videos are widely distributed on the Internet through
websites such as www.youtube.com, www.facebook.com and on a website called “The
Peters Report” organized by the Students Against Gary Peters.
“As a student, it is incredibly frustrating that a public
university would attempt to silence me in this way,” said
Lennox. “It’s important that CMU respects not only my
rights as an individual, but the constitutional rights of its 20,000
students.”
Following the encounters with Peters,
Lennox was given a letter by CMU officials stating, “You
may not follow anyone around campus with a recorder running without receiving
that person’s permission.” The letter further claimed that “Videotaping others
around campus and/or videotaping them as they go about their normal activities
is not expressive activity.” Finally, the letter threatened
Lennox with sanctions under the Code of Student Rights,
Responsibilities and Disciplinary Procedures if he engaged in any of the
prohibited activities listed in the letter.
To read the ACLU of Michigan’s letter sent to
Central
Michigan
University, please
visit: www.aclumich.org/pdf/cmulennoxletter.pdf
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