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CliftonMartinSecondEssay 7 - 14 Jan 2025 - Main.EbenMoglen
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| | Before taking this course, I didn’t fully consider the consequences of surveillance because I, too, saw it as a tool for safety. While I believe it’s important to hold law enforcement accountable for misconduct, the overuse of surveillance shouldn’t exist in the first place. Governments need to abandon the practices, as they offer citizens little to no benefit. Instead, it only increases police presence, exacerbating public discomfort and cynicism toward the government. Meaningful change must begin with the government removing surveillance systems currently in place. | |
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Characterizing police bodycams, etc., as retaliatory surveillance doesn't make sense to me. This is workplace surveillance of a public workplace conducted by the employer. I'm not sure why we ned to worry about balance: police are unionized workers with extremely aggressive and capable union representation. Their on-job surveillance is a mandatory issue of collective bargaining with the agencies that employ them (a fact you don't mention). Why is it reasonable to leave the questions that concern worker privacy and the effect of the monitoring on the outcomes of the job to be settled between those parties?
You do not therefore address the surveillance of police by citizens using recording devices in public. This is the actual second side of your coin. And the analysis cannot be conducted in the rather non-specific balancing structure you use in this draft, because citizens surely have a First Amendment right to record all police behavior occurring in public, as they surely do not have (under Houchens v. KQED) a First Amendment right of access to any of the areas inside police stations. So you need a different approach to what remains your quite sensible initial set of questions.
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Why aren't these links anchored to the text in the usual Wed way? Why make it hard for the reader to follow what you are linking? Use the "make a link" button in the wiki editor or see TextFormattingRules to do the markdown directly.
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- Christopher Slobogin & Sarah Brayne, Surveillance Technologies and Constitutional Law, 6 Ann. Rev. Criminol. 219 (2023)
- Dan Barry, Video Evidence, and a Question of Race, The New York Times (Aug. 19, 2017)
- Randy K. Lippert & Bryce Clayton Newell, Debate Introduction: The Privacy and Surveillance Implications of Police Body Cameras, Vol.14 No.1 (2016)
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