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ACLU-NJ Defends Right to Videotape Public Meetings

For Immediate Release
August 21, 2006

NEWARK, N.J. -- The American Civil Liberties Union of New Jersey today submitted a friend-of-the-court brief to the New Jersey Supreme Court supporting a citizen's right to videotape public meetings.

"The right to freedom of speech and of the press includes the right to obtain and document public information," said Jennifer Klear of Drinker, Biddle & Reath, who wrote the brief on behalf of the ACLU-NJ. "In no arena is that right as important as during meetings of elected officials."

In this case, Robert Wayne Tarus was denied the right to videotape the audience and certain speakers at a borough council meeting in Pine Hill, Camden County, New Jersey.

"On numerous occasions over the past 15 years, and most famously during the incident involving Rodney King and Los Angeles police, video has proved an invaluable method of documenting government activities or misconduct," said ACLU-NJ Legal Director Ed Barocas.

The case was appealed from the Appellate Division, which held that there is no right under the New Jersey Constitution to videotape public meetings. The ACLU-NJ brief to the New Jersey Supreme Court explains that the Appellate Division erred in its analysis. The ACLU-NJ maintains that videotaping falls within the umbrella of the right to free speech, subject only to legitimate "time, place and manner" restrictions.

Pine Hill argued that the restriction on videotaping was justified because people attending the public meeting didn't want to be videotaped. However, as explained in the ACLU-NJ's brief, people do not have a right to privacy when they attend a public government function.

The case is captioned Tarus v. Borough of Pine Hill, et al.