Fordyce

I. Background

This case arises from the alleged interference by police officers of the City of Seattle with Jerry Edmon Fordyce’s attempt on August 5, 1990 to videotape, a public protest march. Fordyce, who apparently considered himself part of the protest, had volunteered to videotape the demonstration for “local television production,” presumably for broadcast on a public access channel. Among his subjects were the activities of the police officers assigned to work the event. Not surprisingly, the police themselves became targets of the protest and were subjected to rude and profane insults. Generally, the police reacted to this treatment in a calm and professional manner, but the record suggests that some of these officers- were not pleased with Fordyce’s actions, and that one officer in particular attempted physically to dissuade Fordyce from his mission. At the end of the day, in a separate incident, a different officer arrested Fordyce when he attempted to videotape some sidewalk bystanders against their wishes. Fordyce was charged with violating a Washington State privacy statute, Wash.Rev.Code § 9.73.030, which forbids the recording of private conversations without the…