[Music] On February 21st, 2024, activist Phil Rishell, who regularly films Allentown, Pennsylvania police officers from public sidewalks outside local police precincts, was filming while standing on a public sidewalk outside the Allentown PD headquarters. Only recording what was visible from his public vantage point, Mr. Rishell filmed through an open grading into the parking garage, but did not enter the garage. According to a lawsuit Mr. Rishell later filed, Captain of Patrol Daniel Gross then exited the building, accused Mr. Rishell of quote unquote loitering, and ordered him to stop filming and leave the area. Captain Gross also allegedly repeatedly used his body to block Mr. Rishell from filming into the parking garage, placed his hands on him to guide him away from the department headquarters, and reported Mr. Rishell to the Lehigh County Department of Human Services as having a quote mental health crisis. Mr. Rishel filed a complaint with the Allentown PD that same day, but the department dismissed the complaint without following up with him or reviewing the video footage. On March 26th, 2024, Mr. Rishell was once again filming outside an Allentown PD precinct when Officer Dean Flight drove his patrol car out of the garage. Mr. Rishell continued to film the encounter that followed. [Music] You dumb. You justing hit your own building. You dumb piece of [ __ ] Oh my god. Oh my god. What the It's a public sidewalk, you dumb [ __ ] Look at that nice bill you got. [Music] The's wrong with you. [Music] [Applause] What a nut job. This guy's crazy. Running me off the sidewall. Learn to drive yet. Stay the hell away from me. Stay the hell away. Check out the EA. crime code about loitering. I catch you around here again, I'm arresting you for loitering. >> You don't know the law, [ __ ] >> You just tried to hit me with your car and hit your own building. >> You're about to learn the law. >> You're throwing your qualified immunity away, dumb. Are you going to attack me? Are are you going to attack me or can I talk to you? Can I talk to you? He just tried to hit me with his car. He hit the building. Tried to hit me on the sidewalk. >> Well, you were blocking the gate. >> I was to the side of the gate. >> Everyone that just came in here said you've been blocking. >> It's on video. >> Show me it. >> No. >> Why? >> Subpoena it. >> Well, if you want me to do something about it, >> what are you going to do? Nothing. Captain Gross won't do anything. What? What are you going to do? What are you? You a captain? >> Do you want to show me the video if you want? >> No, I don't want to be. >> Then you obviously don't want to play. >> I'll go to the station and do it. Not with you psychos. >> Look at his car. He hit the building trying to hit me. >> Cuz you're blocked. Yes, because you're blocking it. >> So you can't do that because that's interference. >> Where? Where? I was on the other side. I was by the grates. That's not blocking anything. >> So here's the deal. You want a video? Go over there. Stay off this side of the sidewalk. >> I don't have to. Traditional public can take you in for arrest. >> Got it. >> What's your name? >> Sergeant Stevenson. >> Badge number. It's covered. No, it's right there. >> It's covered. Your wire is covering it. >> That's not my problem. >> Okay. Traditional public forum. I can stand wherever I want. >> You cannot stand there for our ingress and egress. I have the garage to intentionally block us. >> I was standing on the corner next to the wall and by the grates, not in front of the gate. You dumb asses. Are you blind? It's all on camera. I took video of where my feet was. >> Great. You going to come show it to me? No, cuz you're going to attack me. >> Well, then you have no complaint. >> I don't need to give you a complaint. I can just sue you. >> Good for you. >> Okay. Courthouse is five blocks after. >> You guys are nuts. >> I thought the people at the main station were crazy. You guys, I come here one time and you're running me off the sidewalk. >> You guys are nuts. >> Cuz your antics are well known. That's why. >> So you were doing this to harass us. Correct. Traditional public forum. First amendment right to protest. I have the right to be here and voice my grievances. >> That's wrong. >> What's wrong? What's wrong about it? Traditional public voicing. >> What? >> What are you voicing? >> My disapproval with your what? Everything you guys are doing. >> Great. There are more constructive ways to do that than actually try to irritate it. >> Constitution. I didn't block anything. I was standing on the corner. There was no great in there was no gate in front of me just wall. I was standing on the other side. There was no garage door in front of me. >> And I'm asking you to vacate the area. >> You can't. It's a traditional public forum. I have the right to protest here. >> All you have to do is not block the garage. >> I'm not. Can I walk over there by the pole? >> Why don't you walk over there? >> No, I can be on that side of the sidewalk, too. You can see the door as much as you want. >> I It's a traditional public forum. I can be there. I won't be anywhere near the gate after he tried to hit me with his car. >> I won't go anywhere near it, but I can be on that side of the sidewalk. >> In the way. >> What? >> That's probably cuz you were in the way. >> I You are insane. >> I'm not insane. >> He hit the You don't want to share it. Who's the crazy one? >> Cuz you are thugs that attacked me. Captain Gross attacked me and now this guy's running me off the sidewall. Why do you think he's on the sidewalk? Cuz I was there. Cuz I was over there. What is wrong with you people? Are you going to arrest me if I walk past? >> Yep. >> On public form. >> I told you not to go there. So yeah, I'll arrest you. >> Traditional public form. >> Don't care. I told you you're not walking there and I'll arrest you. >> All right. You guys all agree with this? All right. I see how you guys are. After officer flight drives his vehicle on the sidewalk towards Mr. Rishell and then threatens to arrest him, Sergeant Christopher Stevenson tells Mr. Rishell that he would be arrested if he returned to film from the sidewalk outside the garage. It is unclear what offense the officers believe Mr. Rishell had committed. And a court would likely find that none of the potentially applicable charges, including loitering, obstructing, disorderly conduct, or harassment, were legitimately applicable to someone filming and verbally protesting police from a public sidewalk. Under section 244-4 of the Allentown City Code, loitering is defined as remaining idle or lingering without purpose. Well, given that Mr. Rishial was engaged in filming and protest activity. His presence was purposeful and therefore a court would likely conclude that his actions did not fall within the scope of the definition. Moreover, the ordinance applies only where such conduct obstructs a public street or sidewalk by hindering the free passage of vehicles or pedestrians. As there is no indication that Mr. Rishell interfered with pedestrian access to the sidewalk, it is unlikely that his actions constituted a violation of the ordinance. Courts have consistently held that verbal criticism or filming does not constitute unlawful obstruction of police unless the filmer's actions genuinely hinder a specific official function. We will address the disorderly conduct and harassment statues in greater detail later in this episode. But for now, it's important to recognize that a court would likely find that the officers had no lawful basis to threaten Mr. with arrest as the first amendment firmly protects the right to non-disruptively film police and express criticism even in colorful language from a public sidewalk. >> So is everyone else walking down this road? >> We already told what's going on at the end of the conversation. >> Mhm. You can't stop me recording. >> Didn't say anything about it. Listen, stop trying to goat [ __ ] going on the conversation. [ __ ] you. You I wasn't doing that is illegal. Everything I'm doing is constitutionally protected. You guys stand here all day wasting tax dollars. >> Well, I told you multiple times we move along. >> I don't have to. Traditional public forum. This is where you're supposed to protest. >> Traditional public forum. Do you even know what that means? >> One person protest ain't a protest. >> Yes, it is. If I say it's a protest, it's a protest. That's what Supreme Court precedence says. I'm protesting right now with my voice. Do you understand that? Am I breaking any laws right now? You're not demanding my ID. I'm not detained. >> You want me to do that again? >> Huh? >> I didn't demand anything off you. >> Really? What's a reasonable articulable suspicion? >> I didn't demand anything off you. I don't need anything. I need you to stay out of the way of traffic. That's all I need. >> What do you think I'm doing? I'm doing what I was the whole time on the sidewalk. >> Stay there and you're good. >> Mr. Rishell left the precinct after this encounter, but he returned the next day to continue to film. When he arrived at the precinct, he found construction crews working on the road, but the sidewalks were not closed, as indicated by tape showing where pedestrians could travel. Mr. Rishel confirmed with a construction crew member that the sidewalk was open before walking on it, then continued to walk towards the precinct and attempted to file a complaint with Sergeant Joseph Inetta. Hey, I want you to apply for a ride along. Can you do that for me? >> Sure. >> Apply for a ride along. >> Sure. >> You can tell me your life story. We can have a nice pow-wow. >> You want to do that? >> Sure. I can get you the application. You can tell me all about your life instead of you standing here and filming us. >> What's wrong with me standing here and filming? >> Uh, nothing. I just want you to realize that we're good people. >> I think plenty of you are good people. >> Oh, really? >> But >> but we don't think you're a good person. >> Why not? >> Why should we like you? >> I mean, you shouldn't like me, but I don't >> I think you need to be institutionalized is what I think you should be doing. >> How many times have you been institutionalized? >> Uh, let me count. Zero times. >> Yeah. Zero. Are you sure? >> Yeah. >> Cuz remember, we know all about you. >> You want to know all about us, but we know all about you. >> When have I been institutionalized? >> You tell me. >> That's what >> Once again, I want you to put in a letter to have a ride along. We'll take you all over the city. You don't even need to bring your bicycle. >> Yeah. That's That's what you resort to. You resort to calling me names. >> Yet, you would never call me names if I was out of this uniform. You know why? Because bad things would happen to you. >> Bad things? >> Yeah. >> That you want. >> So once again, I want you to put in for a ride along. I want me to show you how cool it is to be a cop. >> You want me? >> Do you love cops that bad that you need to film us all the time? >> I love how pretty you guys are. >> Yeah, I'm cute. And I think you're a handsome fellow, too. So why don't you put in for a ride along? >> I can take you all over the city. You could be I could be your personal chauffeur. >> I like exercising. I don't need your >> But you never ride your bike. You only push it. >> I do 15 miles every time >> from Club Avenue. >> Club Avenue all the way around the city. >> So then why why why do you constantly think it's funny to film us? >> What do you get out of it? >> I find bad cops like Dean of Flight that >> So now you're fixated on one guy. Last week you were fixated on someone else. >> Captain Gross. Cuz >> I believe you need to be institutionalized. >> Take me in. Take me in. I think you need to go yourself. Where's your bike today? >> I didn't want anybody. >> You have your helmet. >> I didn't want anybody thinking I was blocking anything. There is a nice man. I love this guy. Like, >> and now you walk around with a balaclava on. It's not even cold out. >> I'm biking. >> You're biking? No, you're filming us and you're bothering me. >> Well, too bad. You bother people all day. >> Why would I bother people? >> It's your job. >> It's my job to bother people. And what do you think your job is? Oh, no. Wait. You don't have a job. >> You know what college is? You don't need. >> Yeah. Where'd you go? Penn State. >> Wow. It's funny that we know that. >> Wow. Really? It's not like you have facial ID scanners or whatever. You're one. >> Yeah. And that's why you wear a baclava. >> Cuz it's cold. You'll see me plenty of times without it. >> You need to get a life. >> That's what you need to do. You need to get a life. How old are you? >> I'm sure you never You still live with your parents? It's not nothing wrong about living with your parents. Do your parents know you do this? >> Yeah, >> they do. >> I I showed them one of your officers running me off the road yesterday. >> My mom's a lawyer. She loves the Constitution. >> And what what kind of law does she does she uh uh uh fight against? What kind of law does she practice? >> Civil law? >> No. >> No. You sure? >> No. >> Is it criminal law? >> You think I'm going to need her? >> I got work to do. Man, get the out. >> If you think the Constitution means I should be in institutionalized, whatever you say. Oh. What's that loitering statute, Dean? What's that loitering statute you quoted? Just going to let the 1036 club at, right? >> All right. That's where your citations are going to be going cuz I warned you yesterday not to come back and do this [ __ ] >> Right. >> Public sidewalk. I am protesting. There's nothing you can do about >> You're not protesting. You're being a nuisance. >> I'm protesting. >> You're doing the same behavior for no legitimate purpose. >> Protesting. >> No, it's not. One person isn't a protest. Your six weeks of training doesn't tell you what a protest is. >> And you don't have the knowledge to know what you're violating. >> So, you're going to be getting your citations in the mail or I'll come over there and arrest you. >> Say it. >> What's that? >> Okay, bro. I know my rights. Public sidewalks and parks. That is where you're supposed to protest. >> But this isn't a protest. Okay, >> bro. It's a protest. What are you protesting? >> I'm protesting the police department being violent. You are the department that who's the officer LeBron beat up that guy in the alley. Cost the taxpayers hundreds of thousands of dollars. I'm protesting you guys. >> No, you're harassing us. >> I'm on a public sidewalk, bro. >> You're harassing us because you have issues. >> So, either you're getting arrested or you're going to the hospital again. Radio. >> Got it. Okay. Do what you going to do, bro? >> I will. You're going in for mental health counseling. It's being marked in the report. And then they will come address you where you live. 10:36, right? With mommy and daddy. >> You think you're scaring me, bro? You're not. >> I don't care about you. I'm telling you the facts. >> There is no purer form of protest than on a public sidewalk. And I told you yesterday not to come back here and harass us. >> I'm not harassing anyone. >> This is repeated conduct that serves no legitimate purpose. >> Free speech. I am protesting. There is nothing you can do about it. >> You're not saying anything. You're not doing anything. Filming is not a first amendment right. >> Filming is not a first Can you say that again, please? >> Filming is not a first amendment right. >> One more time for the camera. >> It is not a First Amendment right. It is not observed by Pennsylvania law. >> Sergeant Stevenson argues that Mr. Rishell is not protesting because he is alone. that he is quote unquote harassing the officers and that filming is not a First Amendment right. All three of these contentions are inaccurate. First, the Third Circuit Court of Appeals, which has jurisdiction over Pennsylvania, explicitly held in the 2017 case of Fields versus City of Philadelphia that the First Amendment protects the right to film police officers conducting official police activity in public areas. Likewise, while the first amendment right of assembly by definition involves a group, alone individual speech, expressive conduct, and petitioning of the government are core First Amendment activities. The Supreme Court has repeatedly affirmed that expressive conduct by a single citizen can be protected political speech. For instance, in the 1987 case of City of Houston versus Hill, the court determined that the First Amendment protected a single individual's criticism of police officers, finding a law that prohibited verbally, quote unquote, interrupting a police officer to be unconstitutional. As such, a court would almost certainly conclude that in public forums like sidewalks, a single person has the right to protest just as a group would, so long as the protest remains peaceful and non-disruptive. And finally, it is highly improbable that a court would agree with Sergeant Stevenson's assertion that Mr. Rishel's behavior constituted quote unquote harassment. The crime of harassment is defined in section 2709 of Title 18 of the Pennsylvania Consolidated Statutes, which makes it illegal to engage in a course of conduct or repeatedly commit acts that serve no legitimate purpose with the intent to harass, annoy, or alarm another individual. However, Mr. Rishial's filming and remarks were aimed at public officials in a protest context, which serves a legitimate purpose of voicing grievances to the government, even if it irritated the officers. Additionally, the harassment statute explicitly states that it does not apply to constitutionally protected activity, such as Mr. Rishel's recording of the police and his expressions of criticism. Accordingly, it is likely that a court would determine that Mr. Rishell had not committed the offense of harassment. You want to make the case law? >> There is no case law yet. >> You want to make it? >> How am I making it? >> Cuz it will get set in court. >> Fine. >> Hasn't been proven yet. It's not observed by Pennsylvania law. And I told you yesterday to stop doing this or you're going to face arrest. >> And yet you're back here. Not only that, using obscene, lwd language in view of the public. Obscene language has to appear appeal to the Puran interest. It is a very narrow precedent. If you want to go for it, >> it fits right under disorderly conduct. >> Sergeant Stevenson claims that quote unquote name calling constitutes disorderly conduct when the speaker uses quote unquote obscene and lewd language in public. The disorderly conduct statute, which is codified in section 5503 of title 18 of the Pennsylvania Consolidated Statutes, includes in the offense using obscene language, making an obscene gesture, engaging in fighting or threatening, or engaging in violent or tumultuous behavior with the intent to cause public inconvenience, annoyance, or alarm. Now, although speech that can be categorized as so-called biting words and therefore is not protected by the First Amendment can constitute disorderly conduct, the Supreme Court of Pennsylvania determined in the 1999 case of Commonwealth versus Hawk that the use of profanity alone does not rise to this level when directed at a police officer. Likewise, while the statute also prohibits using quote unquote obscene language and making quote unquote obscene gestures under the legal definition of obscinity, this refers to sexually explicit language rather than mere profanity or offensive language, which remains protected under the First Amendment. Accordingly, it is highly unlikely that a court would hold that Mr. Rishel's quote unquote name calling amounted to disorderly conduct, even with the use of profanity. >> Serves no legitimate purpose. other than the fact that you were looking to annoy and harass us. >> I am protesting. >> Do what you got going to do, bro. Do what you got to do. >> Well, you're the [ __ ] that's standing out here in the rain to prove your point, which is stupid and kind of makes you look pathetic. >> Whatever you say, whatever you say. You're the one getting all upset over some >> because you're continuing the same misconduct over and over. >> It's not misconduct, though. How is it not? >> It is a first amendment right to protest. I'm >> addressing my grievances with the department. >> No, you're not. You haven't said anything aside from call us names and try to instigate us. >> Is calling names illegal? >> Serves no purpose. >> Is calling names illegal? >> Serves no purpose. >> Can you take an oath to the Constitution, Brad? >> And yes, it is illegal when you use obscene and lude language in the public. It set the case. >> It is the very definition of disorderly conduct, especially when it serves no legitimate purpose. >> I am protesting, bro. >> You have no legitimate purp. >> You don't get to decide what a protest is. >> One person does not make a protest. >> Once again, you look crazy and pathetic. >> Just like a street preacher can stand on the corner preaching his religion, I can stand here protesting. >> You're not preaching a religion. >> Yes, I'm protesting. >> No, you're not. >> Yes, I am. >> You're not chanting. You have no sign. You are harassing. You're pathetic. >> I don't It doesn't need to be a sign for a protest. I can do It's a protest and it's press. I'm recording for the press. >> No. Now you're just doing [ __ ] >> Okay. You're loitering. >> When I publish this press, Lawyering is very narrow. He just walked past me. I'm not obstructing anything. I'm not obstructing this sidewalk. People have been walking down this all day. It's a narrow law. You cannot >> and as a uniform officer, I have told you not to be here anymore. >> It's a traditional public. >> Continue loitering here >> because of your behavior. >> Do what you got to do. >> The following day, March 28th, 2024, Sergeant Stevenson filed criminal charges against Mr. Rishell and mailed him citations. The charges included one count of loitering and two counts of disorderly conduct, one under the state statute and one under the Allentown disorderly conduct ordinance. On June 17th, 2024, Sergeant Stevenson prosecuted the charges and testified at the preliminary hearing and summary trial in the Lehigh County Magisterial District Court. Sergeant Stevenson claimed in his testimony that Mr. Rishel was quote screaming obscenities, blocking the sidewalk and pedestrian vehicles, and intentionally obstructing officers from entering or exiting the parking garage. Sergeant Stevenson also testified that the sidewalk was closed due to the construction and that the closure was clearly indicated by tape, fencing, and signage. All of these claims are clearly controverted by Mr. Rishell's video evidence. The court dismissed the disorderly conduct charges against Mr. Rishell on the basis that he was engaged in First Amendment protected speech. Mr. Mr. Rishell's video footage was not introduced into evidence at this hearing and the judge found Mr. Rishell guilty of loitering based on Sergeant Stevenson's testimony. However, Mr. Rishell filed a summary appeal to the Court of Common P which entered a verdict of not guilty. On July 23rd, 2025, Mr. Rishell filed a civil rights lawsuit in the US District Court for the Eastern District of Pennsylvania with the assistance of the Foundation for Individual Rights and Expression or FIRE. As of the date of writing this episode, the case is still pending. Overall, the Allentown officers get an F for repeatedly threatening and issuing unlawful orders to Mr. Rishell, demonstrating a catastrophic misunderstanding of the First Amendment and civil rights in general, and for blatantly attempting to intimidate and harass Mr. Rishell for exercising his rights. Officer Fleet's decision to aggressively pursue Mr. Rishell with a patrol car on a public sidewalk was not only an act of recklessness, but one that could easily be construed as assault under Pennsylvania law. His threat to arrest Mr. Rishell for loitering, despite the complete lack of probable cause, showed a clear intent to suppress lawful activity through intimidation. Not only was there no disruption, no obstruction, and no threat to public safety, but also Mr. Rishell's actions have been firmly established as constitutionally protected conduct under various higher court decisions. Sergeant Stevenson's conduct was equally troubling as he falsely claimed that the First Amendment does not protect filming or individual protest and went on to quote unquote ban Mr. Rishell from a public sidewalk, threatened to arrest him for returning to film, and filed criminal charges under disorderly conduct and loitering statutes that plainly did not apply. Both of the officers conduct reflects more than just poor training. It sheds light on a deeper culture of resistance to public oversight and transparency within the department. Rather than respecting a citizen's right to document public servants, the Allentown officers weaponize the criminal code in order to retaliate against a critic. The role of bystander video in promoting transparency was articulated powerfully in the Fields case that we discussed earlier. And the following quote from that case encapsulates the importance of preserving public accountability through citizen recordings. And it's a quote that the Allentown Police Department should familiarize themselves with. Now quoting, "We ask much of our police. They can be our shelter from the storm. Yet officers are public officials carrying out public functions and the first amendment requires them to bear bystanders recording their actions. This is vital to promote the access that fosters free discussion of governmental actions, especially when that discussion benefits not only citizens but the officers themselves. Mr. Rishel gets an A+ because although he could have exercised his right to silence more tactfully, he demonstrated a clear understanding of his First Amendment rights, remained relatively calm and collected throughout the encounter, and he strategically pursued accountability through the proper legal channels. While Mr. Rishel's tone was often abrasive and at times intentionally antagonistic, his behavior remained within the bounds of protected speech and served a clear expressive purpose. He did not interfere with law enforcement operations. He did not trespass and he did not create a public disturbance. What he did was stand on a public sidewalk, film government officials and criticize their behavior, which is a protest in its purest form. Mr. Rishell correctly asserted the right to film in public, recognized the difference between profanity and obscenity, and identified the overreach of officers attempting to weaponize vague ordinances against him. His use of profanity may not have won him any favors with a judge or jury, but courts have long held that speech does not lose its protection simply because it offends. In fact, offensive speech is often the speech most in need of protection. At every point in the encounter, Mr. Rishell understood where that line was, and he stayed on the right side of it. More importantly, he didn't stop at confrontation. He followed up with internal complaints. He preserved the video evidence and he ultimately partnered with a civil liberties organization in order to file a federal lawsuit. This interaction highlights the value of civic resistance in a climate where rights are often acknowledged in theory but disregarded in practice. And I commend Mr. Rishell for adamantly defending his rights and for pursuing justice through the proper legal channels. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. 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