| 1) "Why do you wear that body armor. You look like military/cops.
|
|
Firstly,
It's not body armor, it's a plate carrier (I dont carry the
plates). I wear it because the admin pouch system allows me to
carry my spare batteries, 2-meter radio, misc. power cables for my
video equipment, extra SD cards, business cards, press credentials,
pens, notepad, hand grenades (just kidding), and backup power banks
conveniently and easily accessible on my torso. Even still, I
don't have enough pockets for all the gear I need for news reporting.
Secondly, my plate carrier has PRESS on the back in huge 3-inch
letters, and PRESS on the front along with my name tag. Most
people aren't educated on photography in public, so when they see
PRESS, they sometimes don't call the police to report "suspicious guy
with a camera recording in public". And when the cops do respond to
the "suspicious guy with a camera recording in public" call for
service, the ones with an IQ over 15 understand what I'm doing and know
that taking video in public is an activity protected by the United
States Constitution, Constitution of the State of North Carolina, and
the several relevant United States Supreme Court rulings. Only
the thugs with a badge who enjoy harassing citizens bother to do more
than say "hi" or ride by in their car and wave.
It became apparent at the Newport hootenanny on Octeober 31, 2024 (video here) when I encountered the Karen who implied "I must be some pedophile recording children"
that I needed more "visibility" than a small business-sized ID card
taped to the front of my camera. I needed to be obvious.
|
| 2) "Do you ever get hassled by the fuzz?"
|
|
|
Only by the poorly
trained ones and the thug ones. Usually a call to their Chief or
supervisor educates the poorly trained ones and sends the thug ones on
their way. The only time it was more than just a polite
encounter, I was on the beach recording the large group of fishing
boats on AR315 (they must've been biting) a few miles off Atlantic
Beach for a story I was doing on North Carolina SCUBA diving. A Daren on the beach yelled "What are you going to do with that video, post it online?" I yelled back, "Actually I probably am."
and he called the cops implying that I was "creeping women in
bikinis". A young black officer who looked like she was about 15
arrived and attempted to questioned me. When she found out I
wasn't giving her my ID and I would not allow her to search my camera,
she told me I was "banned from the beach, leave and go take pictures of
boats somewhere else" then stated "Every time I see you on the beach in
the future I am going to hassle you". I called her supervisor who
arrived within a few minutes and he advised me I was not "banned from
the beach" (It's not legally possible to "ban" someone from public
unless you put them in jail) and confirmed what I already knew, that
public photography was not a crime, I didn't have to leave, and I
could take all the pictures I wanted to.
The incident was forwarded to the North Carolina ACLU in concern of
First, Fourth, and Fifth Amendment Civil Rights violations. An
investigation was done by the ACLU of North Carolina and I have never
seen the young cop again on the beach. No lawsuit was filed as I
refused to consent to her search of my camera and she did not make the
error of doing a search without consent or reasonable suspicion.
|
| 3) "Can I get you to cover my special event or report on my news?" |
|
Possibly. Contact me here.
Alternatley you can post your upcoming event on our SOBX Community forum here.
|
| 4) "You cannot video
me in public without my permission!" |
|
That
is false.
|
| 5) "If you use my image in your video you
have to pay me!" |
|
That
is false.
|
| 6) "You can't use my image in print or on
social media!" |
|
That
is also false.
|
| 7) "I do not consent to being recorded in
pubic!" |
|
Then
leave public.
|
| 8) "I'm going to call the cops!" |
|
MOREHEAD
CITY PD: 252-726-3131
NEWPORT PD: 252-223-5410
BEAUFORT PD: 252-728-4561
ATLANTIC BEACH PD: 252-726-2911
HAVELOCK PD: 252-447-3212
NEW BERN PD: 252-672-4100
CARTERET COUNTY SHERIFF: 252-728-8400
SWANSBORO PD: 910-326-5151
JACKSONVILLE PD: 910-455-4000
CAPE CARTERET PD: 252-393-2183
|
| 9) "The cops will make you stop recording!" |
|
An
undeducated officer may try and then the agency will pay me a
big pile of money in a Civil Rights lawsuit settlement. It will
be a
lot more money than I will ever make earning penny-click revenue on
Rumble. Furthermore, police officers take an oath to uphold the
U.S.
Constitution and the Constitution of the State of North
Carolina and thus, cannot issue a lawful order that conflicts with the
U.S. and State of North Carolina Constitutions. An order that
conflicts with the U.S. Constitution or North Carolina Constitution is
an unlawful order. For any order from a police officer to be lawful, it must be legal under and supported by the law.
|
| 10) "I'm going to sue you!" |
|
Go
here: https://www.ncbar.org/public-resources/find-an-nc-lawyer
|
| 11) "Why are you recording in public?" |
|
I
am a media journalist engaged in a Constitutionally protected activity.
|
| 12) "Where did you get your journalist
training?" |
|
At
the Knight School of Journalism at Massachusetts Institute of
Technology (MIT) at Cambridge, MA (https://ksj.mit.edu)
and NBCU News
Academy in New York, NY.
|
| 13) "How do I know you're telling the
truth?" |
|
You
can confirm my journalist ID # 5894403252150697 here:
https://nbcuacademy.360learning.com/redirect/api/certification/5894403252150697
|
| 14) "Will you stop recording me?" |
|
I
am not recording you, I am recording public.
|
| 15) "Will you delete your video with me in
it?" |
|
No.
|
| 16) "Why not?" |
|
Rumble
and YubeTube videos are "monetized". I get paid a few pennies each
time my agent (Rumble) licenses my video or part thereof to a network.
As per the terms of my contract with Rumble, I cannot delete the video
once it is licensed to a network.
Plain English: Once I take their pennies, I can't take back the
video.
|
| 17) "What gives you the right to record me
in public?" |
|
The
First Amendment to the United States Constitution, and the North
Carolina State Constitution, Section 14.
Well technically, those documents do not "give" me the right.
Rights
are given by God. Those documents affirm those rights are
protected by the courts.
|
| 18) "I'm going to sue you!" |
|
Go
here: https://www.ncbar.org/public-resources/find-an-nc-lawyer
|
| 19) But what if I'm picking my nose or
scratching my butt in your video? |
|
Don't
do that.
|
| 20) "I'm still going to sue you!" |
|
Go
here: https://www.ncbar.org/public-resources/find-an-nc-lawyer
|
| 21) "Well then, can I buy a copy of your
video with me in it?" |
|
No.
But you can have a copy for free. Contact
me here.
|
| 22) "Where can I find more information on
photography in public?" |
|
See
"The Photographers Right" by the ACLU of North Carolina here and
The North Carolina Reporter Shield Law (NCGS 8-53.11), with definitions
here.
|
| 23) "You're earning money with videos using
my image, it's commercial use." |
|
That
is false. See Nussenzweig v. diCorcia
(2007): "Selling
books or prints of people does not constitute commercial use and thus
does not require that person’s permission. However the images
cannot
be used to endorse a product."
|
| 24) "I don't like being recorded in public." |
|
The average
person is recorded on video in public approximately 120 times in a
normal day. You are being recorded by vehicle dash cams, store
surveillance cameras, people with phones, traffic cams, Ring doorbell
cameras, drone cameras, ATM cameras, vending machine cameras, and when
you call the cops for a guy legally recording in public, the cops are
recording you on their bodycams, too. Welcome to the 21st century.
|
| 25) "But shooting video is different than
taking a photograph." |
|
Actually
not. I shoot my video in either sixty or thirtty frames
per second. In layman's terms, that means my video camera is
taking
sixty or thirty still pictures every second. When the video is played
back, you are actually seeing 3,600 pictures each second shown
consecutively, really fast, giving the illusion that the image is
moving. Thus, there is no legal distinction between "video" or
"photograph" in the law. |
- Images used in Southern Outer Banks News
reporting will always tell the truth.
- The content
of a photograph may not be altered by any means. No element will be
digitally added to or subtracted from any photograph. The faces or
identities of individuals will not be obscured by Photoshop or any
other editing tool.
- Cropping,
dodging and burning, conversion into grayscale, and normal toning and
color adjustments are allowed but are limited to what is minimally
necessary for clear and accurate reproduction and that restore the
authentic nature of the photograph. Changes in density, contrast, color
and saturation levels that substantially alter the original scene or
the appearance of individuals are not acceptable. Backgrounds will
not be digitally blurred or eliminated.
- Video
may be improved by using subtle, standard methods such as adjusting
video and audio levels, color correcting due to white balance,
eliminating buzzing, hums, clicks, pops, or overly long pauses or other
technical faults, and equalization of audio to make the sound clearer —
provided the content is not concealed, obscured, removed or otherwise
altered.
|
The Reporters Committee
for Freedom of the Press is a 501(c)(3) nonprofit organization
that provides free
attorney services, free
legal resources and free
representation to journalists across the nation through their free
Legal hotline, legal guides, friend-of-the-court briefs, and litigation
services.
No journalist ever pays for this vital legal support. The
Reporters Comittee for Freedom of the Press provides free legal help
when journalists are barred from court proceedings, denied access to
public records, or faced with threats or violence so they can continue
to safely and effectively cover the issues that impact our communities.
|
|
