In a motion filed in Hillsboro District Court this week, prosecutor George Wattendorf has asked the court to issue a “protective order” against Marc Manchon, a man who runs a YouTube channel called Press NH Now doing first amendment auditing. What did Manchon do that the Hillsboro police need protection from? He released their Body Worn Camera (BWC) footage on his YouTube channel.
You thought police body cameras would help with police transparency? Well, think again. The motion cites RSA 105-D:2 XII, a terrible statute that appears to criminalize editing, copying, sharing, and even displaying any BWC footage. Though the section starts by saying it, “shall apply to law enforcement” agencies who use BWCs, later in part XII, it claims “all persons” are subject to the insane restrictions. It’s an obviously unconstitutional restriction on the people’s right to free speech and to be the free press. See Article 22 of the NH Constitution’s Bill of Rights:
Free speech and Liberty of the press are essential to the security of Freedom in a State: They ought, therefore, to be inviolably preserved.” Among other things, the statute also instructs police to not record interactions with other police employees, meaning any conversations between them is off-the-record.
Manchon received the footage from his discovery request as he prepares his defense on a ridiculous pullover by Hillsboro police. According to Manchon, he was pulled over wrongfully on an long-cancelled restraining order. HPD dispatch misinformed patrol officers that the order was still in place. It was originally put in place by his girlfriend over a non-violent misunderstanding and then it was removed in January after they were able to get back on good terms. They currently live happily together, I know that because she is my friend. She is pregnant with his child, hence, she was also with him in the car on August 12th, when HPD officers pulled them over:
Despite being informed by the couple that the restraining order was no longer in effect, the officers refused to research the restraining order to confirm the claim, instead arresting Manchon and charging him with “Disobeying an Officer”, then later changing that charge to “Resisting Detention”, by allegedly not getting out of the car fast enough for their liking. Later in the month, when visiting Hillsboro District Court for a right-to-record event, Manchon stopped by HPD headquarters and was arrested again for “Disorderly Conduct” and “Breach of Bail” for allegedly asking his viewers to contact Hillsboro Police at (603) 464-5512 to let them know how they feel about their corrupt police activity. It is not illegal to encourage people to redress their grievances with government thugs. In fact, Manchon and his attorney won against similarly frivolous charges in Claremont District Court last year. You can watch that full trial video here.
Hopefully the legislature will update this terrible statute to protect the people from criminal charges for sharing BWC videos and make BWC videos even more transparent and accessible without requiring criminal charges to get the videos in discovery, as right now the statute claims the videos are “for law enforcement purposes only” in part XIII. Obviously this restriction on access is also a violation of Article 8 of the NH Constitution’s Bill of Rights:
Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.
According to Manchon, the Hillsboro District Court has scheduled a hearing on the requested “protective order” for Monday Sept 25th, at 11am.
Stay tuned here to Free Keene for the latest on this ridiculous case and please do share, copy, and display Manchon’s video so Hillsboro’s scum prosecutor can charge dozens of people for exercising their free speech. Speaking and sharing is a right, but if we don’t stand for our rights, we’ll surely lose them.
That BWC statue is ridiculous. It feels like police unions had a lot of influence in that.
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The statute is not only ridiculous it’s flat out unconstitutional. The government can’t claim ownership on works it produces for one, two this is called prior restraint and it’s unconstitutional as well, and three to whatever degree protective orders can exist there are limitations due to first amendment protections. Basically the argument has to be they’re protecting someone. Even if the government could legally restrain Press NH Now they can’t place a gag order on a third party publisher of the video under first amendment precedent. There are also issues with the protective order here in that the courts have… Read more »
I think it’s easy to get around it though
I heard that you’re homeless
..and that small children hide behind trees and even moving vehicles to avoid your creepy, lecherous stare
Even a mini-cooper. Anything ..to avoid the greasy, creepy, lecherous stare of David Crawford. Eeeeewwwwwww
Ya that’s me all over. Thanks! Lol
I heard that you’re gay.
Stealing videos from police officers cameras and posting them on YouTube is going to get you in trouble. What this guy did he only did out of spite. Yes, there is a statute and since no one has challenged it or worked to repeal it, it is still in place and people who rip off videos that aren’t theirs, you are going to get nailed for doing it. I have no idea why you posted anything about some pregnant lady you know. It doesn’t fit in the article. No one is losing their rights. That is a misnomer freekeeners like… Read more »
Too bad your mouth is full of lies.
You’ll go to hell for it.
Repent!
You despicable liar!
I say that about you everyday.
But you actually ARE.
And what you just said is a lie also : you*do not* “say it about me everyday”.
You HORRIBLE HORRIBLE person!
You are horrible.
You should go die.
Stop scaring the children!
Don’t be so gay.
And pets!
And mini coopers!
No, no lie here, just your lies. Interesting how riled up you get when I post something. Why is that? “You should go die” Really? Is this what you wish upon people who have more intelligence than you? There is no reason for me to lie. You do the job very well. Don’t forget to put a helmet on when you go outside.
You guys are just stupid. You are more than likely the moderators of this blog along with a few of the other freekeene children who think by insulting those with a different opinion is going to make them feel bigger then they really are. Isn’t there more pressing things that need attention? All you whining and complaining has gotten you nowhere. You and David are pathetic trolls who have nothing important to say You are freekeene jokes and a representation of why freekeeners are looked at as slime at the bottom of society’s well. I wonder how many freekeners are… Read more »
When people lie about people, like you do everytime you open your mouth, people “get riled up” or, have something to say about it, you stupid fuck.
One would think you could figure that one out without help.
Your lameass retort is so gay.
Prosecutor George Wattendorf’s motion seeks to obtain a protective order against Marc Manchon, who had publicly released police body camera footage on his YouTube channel.
I also think like you
laws regarding the release and use of such footage may vary by jurisdiction or department policy. It’s essential to consult local regulations and legal advice for accurate information on this matter.