NH citizens weigh in on police recording bill (5/14/2015 - 165 citizens, 524 responses)

By Jacquelyn Benson

The NH Senate Judiciary Committee is currently considering HB 287, a bill that would codify the right of members of the public to record audio or video of police officers during traffic stops. The bill has proven controversial not because some question whether citizens should have the right to film police, but because of arguments that HB 287 actually restricts the rights it is purportedly intended to protect. On May 14, the Live Free or Die Alliance (LFDA) put the issue to its over 62,000 Facebook members, asking “Should NH codify the right to film police traffic stops?”

There was a clear majority opinion that citizens should have the right to film the police, with 85% of total respondents stating or concurring with statements to that effect. However, a 73% majority of those making or concurring with a direct answer to the LFDA’s question actually opposed HB 287, with only 27% in favor of the bill. In total, 85% of respondents did provide a yes or no response, with 15% opting to discuss the subject in broader terms. In sum, 165 citizens participated with 524 responses.

Opponents of the bill included Carla Gericke, whose 2010 case inspired the legislation. “This bill, frankly, creates more issues than it resolves. I deeply appreciate the state legislators who tried to bring justice to this issue, but this bill is not the solution,” Gericke wrote. “What the bill should really do is give citizens the right to film a cop whenever and wherever,” another commenter argued. Other opponents held that the bill was superfluous. “The judicial precedent is all that is necessary,” a commenter noted.

Those in favor of the bill argued that it would provide important clarification of the law. “It’s a right, but if we don’t codify it, police will abuse us so that their story is the one that holds up in court,” one poster said. “We can firm up general principles with clear language,” another argued. “This will allow citizens protection from errant officers and allow law enforcement agencies protection from illegal acts from citizens. It will protect both,” a respondent wrote.

Others opted to address their comments to broader issues. “Watching the watchers isn’t a bad idea. What is a bad idea is harassment of and/or interference with police officers,” one respondent wrote. “Should be legal to film any public official or employee while they are performing duties of their office or job, period,” another commenter said.

The nonprofit, nonpartisan LFDA takes no position on this or any issue, as this report is presented as a summary of citizen testimony. As New Hampshire’s Virtual Town Hall, the LFDA community, numbering more than 65,000, provides objective information on state issues, promotes the civil exchange of opinions, and communicates views to elected officials. To learn more about this issue or the LFDA, visit www.lfda.org.

Jacquelyn Benson is an Editor with the Live Free or Die Alliance.

Live Free or Die Alliance

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