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Old Sep 26, 2012, 6:24 am
  #11  
mkt
 
Join Date: May 2005
Location: MIA/SJU/MCO
Programs: AA LT PLT; DL GLD, UA nothing, B6 Mosaic; Emerald Club Executive
Posts: 3,331
Originally Posted by Ari
Those lawyers don't seem to pay any mind to the fact that courts (multiple Circuits) now recognize a First Amendment right to video/audio record in public places. These are recent cases to be sure, but if such a First Amendment right does exist, it applies to the TSA in Puerto Rico the same as it applies to them in California thanks to the 14th Amendment). And the Unites States Constitution trumps Puerto Rican privacy laws and local regulations in the case of a conflict, of course. The fact that a law is on the books does not mean that law is valid in any circumstance, and that may be the case with these so-called privacy laws in the context of filming in a public place.

I know Puerto Rican government agencies-- namely the police-- act as if they can play by a different set of rules when it comes to constitutional rights, but the United States Constitution actually does apply down there even if they'd like it not to. I wonder if the lawyers you brought this to ever once considered the First Amendment, or just went straight to looking at PR laws. You mention the Puerto Rican "culture"-- that culture might include judges ignoring the US Constitution which might be why the three lawyers omitted any discussion of it.
I'm not arguing with you, but since we're not a US state (and I pray we never become one), remember that the US constitution does not apply in its entirety. What the judge will weigh is which matters more: free speech, which are guaranteed by the US an PR constitution, vs right to privacy, which is guaranteed by the PR constitution.

Given our culture and history (yes culture, not "culture"), a local judge would likely side to the right to privacy, especially when the OP was asked to stop. But a federal judge in Boston will likely say the free speech. That's pretty common here- if you want US justice, you go to federal court; if you want PR justice, you go to local court.

In PR, our current penal code actually restricts free speech (you may not offend a politician in session or at a public event - I'm not kidding). The first arrests were handed down to activists from an opposition political party. I want this to go to federal court. I really do want my island .....slapped by a federal judge and told "YES, THE FIRST AMENDMENT APPLIES."

Last edited by mkt; Sep 26, 2012 at 6:29 am
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