'Rights' don't include privacy for acts done in public, officers

Life would be a lot simpler if only everyone had stayed awake during civics class.

Imagine, never again having to hear some chucklehead say the government has a "right" to do something.

(News flash for snoozers: The government has no rights. The citizens have them. People grant limited power to the government and can take it away, too. Thank you, Mr. Hensler, seventh-grade social studies.)

Beyond that, if all Americans had at least a passing knowledge of our founding documents, we'd never again have to whip out our pocket Constitutions to prove that the words "separation of church and state" are not in there.

On the other hand, some of us then would lose bets to those who insist that the Constitution guarantees us a right to be tried by a jury of "our peers." (It doesn't. All we get is a trial by a jury made up of do-gooders and those who couldn't get out of jury duty.)

Why lament this lack of civic education now? Because some law enforcement types - from the TSA to local cops - have been inventing a "right" for themselves: The right not to be filmed while performing their duties.

Sheesh.

Sorry, officers. That isn't how it works. If you're camera-shy, don't apply for a job that involves a badge and a uniform. These days, everyone with a cellphone is also an amateur film director.

Which brings us to Alton Robinson, a former Norfolk civic league president who was arrested and tossed in jail last spring after videotaping two unwilling uniformed police officers at a New Black Panther Party Parade on Goff Street.

According to a story by Pilot reporter Patrick Wilson, Robinson had filmed his young daughter at a Salvation Army function before he trained his camera on the sparsely attended Panther outing and two uniformed officers.

What followed was not pretty. Here are a couple of the testy highlights.

"Why are you recording me, sir? I'm not giving you permission to record me," one officer said.

From behind the camera, you can hear Robinson's voice insisting that he is doing nothing wrong.

"It's against the law to record without a permit," the other chimed in.

He was right. Chances are it is against the law - in North Korea. Not in the U.S., however.

In Robinson's tape, one officer appears to yank the camera out of his hands. Another seems concerned about having his picture posted to Facebook. Of course, now the exchange can be viewed on PilotOnline.

Initially, the police tried to charge Robinson with "unlawful filming." Ultimately, he faced two misdemeanor charges, which were dismissed in court.

Look, cops are supposed to know better. When I talked to police spokesman Chris Amos on Tuesday, he said even recruits know they can be photographed by members of the public.

In fact, footage from a student riot last winter at the University of Maryland has been used in police training. In it, unruly students encounter police in riot gear who wade into the crowd. The encounter happened at night.

"We ask them if they notice all those little white things all over the film," Amos said. "Those are cameras. Everybody in the crowd was filming. You can and will be on camera."

Nothing cops can do but try not to behave in a way that will make the clip a hit on YouTube or get them an unwanted cameo on "The Daily Show."

When I spoke with him Tuesday, Robinson was on his way to talk to a lawyer. He's considering a lawsuit.

Hang onto your wallets, taxpayers. Trampling on an American's civil rights can be expensive.

Kerry Dougherty, (757) 446-2306, kerry.dougherty@cox.net, PilotOnline.com/dougherty