First Amendment and the New London police parking lot – theday.com
Daniel Kokoszka, a young man evidently with a lot of free time on his hands, decided one day last year to exercise his First Amendment rights by strolling into the rear parking lot of the New London Police Department and start videotaping with his cell phone.
This is an area that probably should be off limits to the public, given it is where city-owned police cars equipped with weapons are parked every day. In fact, about a month before Kokoszka's self-indulgent skit, police discovered a man in the same lot who later admitted he wanted to steal a police vehicle.
So, when a guy no one knows starts walking around the parking lot filming with a cellphone, it's going to arouse suspicion, concern, even anxiety. Is he a videographer working on a documentary? Is he mentally unstable and carrying a weapon? Or is he a self-righteous, if misguided, American citizen conducting what he calls a First Amendment audit by seeing if police will fall into his trap?
I'm a firm believer in the First Amendment and its protections. Still, I'm going to climb way out on a limb here and suggest that Kokoszka's baiting of NLPD Lt. Joshua Bergeson had more to do with self-aggrandizement and, possibly, disdain for police, than it did with the First Amendment.
"Hey, dudes, wait'll you see what I did in New London today!"
He is the same type of guy who yells "Baba Booey!" at televised golf tournaments and goes shirtless at football games when the temperature is in single digits. Pay attention to me!
For allowing himself to be drawn into a confrontation with Kokoszka - which is precisely what Kokoszka had hoped for - Bergeson drew an eight-day suspension and was ordered into retraining by Police Chief Brian Wright. Later on the day of the confrontation, New London Mayor Michael Passero and Chief Wright received emails with links to a video of the incident and a suggestion that Bergeson be fired. An internal investigation ensued, and Bergeson was suspended for violating department policies regarding respect and courtesy, conduct unbecoming an officer and use of force reporting.
It should be noted that about a month before the confrontation, Chief Wright emailed a reminder to his officers that the public has a right to record in public settings. The email included a link to a news story about four Danbury police officers who were disciplined for removing another such agitator for filming in the city's public library.
"Please do not let yourself be baited or engage in a manner that does not display our professionalism," the chief wrote.
Which, unfortunately, is exactly what Bergeson did. So, it is understandable that Wright would be upset about this and take disciplinary action.
However, Bergeson has a side to this story, too:
"There have been numerous acts of violence against police officers at police stations," Bergeson said in his own defense. "Subjects have attempted to force entry into buildings, and even light occupied police buildings on fire. So while their recording on the property is not suspicious, I believe in light of recent events and the current climate toward law enforcement, individuals wandering through our police department parking lot would be deemed suspicious."
During August 2022, the same month Kokoszka entertained himself by baiting a veteran cop, six American law enforcement officers were shot to death in the line of duty. A total of 64 were shot to death during 2022, while 14 others were killed in vehicular assaults. It's a safe bet that none of them expected when they began their shift that they would die before it was over. Thousands of other police officers are assaulted in the line of duty every year. Thus, Bergeson's concern is understandable.
In the wake of George Floyd's killing by Minneapolis police, there were calls in some parts of the country to defund and, in some cases, even disband police. The riots that ensued caused billions in property damage - some even to police property. The riots included violent attacks on police, relatively few of which resulted in arrests, and even fewer that brought convictions and any meaningful punishment.
Yes, there are bad cops, awful cops, racist cops - ones who willfully abuse their authority to bully and harass; they protect their friends and punish people they don't like, use excessive force, even injure and kill people in their custody. They should be deplored, weeded out, and punished. In an era when there is far less tolerance for police misconduct, that is what is happening now with greater frequency. In many departments, body cameras now record their on-duty movements. And that's as it should be with a function that protects the police as much as the public.
For varying reasons, some people don't like cops ... until, of course, they need one. Love 'em or hate 'em, police work around the clock - 24/7/365 and put their lives on the line every time they put on a uniform and go on patrol. Some die and are injured in the line of duty. They often find themselves waist deep in violent crime, personal hardship, death and injury at accident scenes, domestic fights, child custody disputes, neighborhood arguments, and the plight of the mentally ill.
Not that any of this excuses bad behavior, but they are spit upon, cursed, belittled, threatened, assaulted, criticized and second-guessed, often by people who know little or nothing about law enforcement. It's no wonder state and local police departments throughout the nation are having trouble attracting sufficient numbers of competent recruits.
Then, on top of all that, they encounter the likes of Daniel Kokoszka - smarmy know-it-alls who want to impress their dimwitted friends and YouTube viewers by filming their confrontations with a cop on the cop's turf, baiting and standing up to him and getting him punished - all under the guise of First Amendment protection. Be assured, this isn't exactly what The Founders intended when drafting the Constitution.
If it was up to me, Bergeson would have gotten chewed out for allowing himself, on duty and in an NLPD unform, to be taken down to Kokoszka's level; ordered to re-read the July 2022 email from the chief and the department regulations he violated; never allowed himself to be baited like this again; go back to work and stay safe out there.
As for Kokoszka, he would do better to heed what Bergeson told him during their encounter last year behind the police station: "Go find something better to do with your life."
Bill Stanley, a former Day reporter, is a retired vice president of Lawrence + Memorial Hospital.
Go here to see the original:
First Amendment and the New London police parking lot - theday.com
- No First Amendment for some immigrant journalists or sources, govt says - Freedom of the Press Foundation - March 26th, 2026 [March 26th, 2026]
- Protesting in Tennessee, what are your First Amendment rights? - The Tennessean - March 26th, 2026 [March 26th, 2026]
- First Amendment lawsuit seeks to end Nashuas policy of requiring name and address during public comment - New Hampshire Public Radio - March 26th, 2026 [March 26th, 2026]
- First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian - | Knight First Amendment Institute - March 26th, 2026 [March 26th, 2026]
- Does a Public Actor Have the Right to Anonymity? Animal Research and Wider First Amendment Implications - Harvard Law School - March 26th, 2026 [March 26th, 2026]
- Halo zone around police, ICE nears final passage as Dems voice First Amendment concerns - News From The States - March 26th, 2026 [March 26th, 2026]
- Bravo to students who use the First Amendment - The Campanile - March 26th, 2026 [March 26th, 2026]
- Supreme Court revives First Amendment lawsuit from street preacher who called concertgoers whores, Jezebels and sissies - CNN - March 26th, 2026 [March 26th, 2026]
- The next AI fight: Do the chatbots have First Amendment rights? - qz.com - March 26th, 2026 [March 26th, 2026]
- Judge strikes down restrictive Pentagon press policy, finding it violates First Amendment - CBS News - March 26th, 2026 [March 26th, 2026]
- Gianforte Administration Reverses Permit Guidelines, Allows Weekend Events at the State Capitol - First Amendment Watch - March 26th, 2026 [March 26th, 2026]
- A call for US companies to follow the First Amendment: Ross Kerber - TradingView - March 26th, 2026 [March 26th, 2026]
- Students sue University of Alabama over suspension of campus magazines, claim First Amendment breach - rocketcitynow.com - March 26th, 2026 [March 26th, 2026]
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]
- The Recap: Trump squashes First Amendment, and another state could flip blue - Daily Kos - March 15th, 2026 [March 15th, 2026]
- In Fox News Op-Ed, Mahmoud Khalil Urges Americans To Defend The First Amendment - Yahoo - March 15th, 2026 [March 15th, 2026]
- Sheriff Grady Judd says troll crossed lines of First Amendment in threats made to Kaitlin Bennett - Yahoo - March 15th, 2026 [March 15th, 2026]
- The Fate of the First Amendment - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Attacking the First Amendment on Repeat - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Humanities Hub leads a week of celebrating First Amendment rights and history - Clemson News - March 15th, 2026 [March 15th, 2026]
- Free Expression and the Rights of Non-Citizens - | Knight First Amendment Institute - March 15th, 2026 [March 15th, 2026]
- Former ACLU president speaks with Trojans about intricacies of the First Amendment and free speech - USC Today - March 15th, 2026 [March 15th, 2026]
- AU holds 2026 Future of the First Amendment Lecture on Tuesday - WJBF - March 15th, 2026 [March 15th, 2026]
- INDIVIDUAL RIGHTS5th Cir.: Principal not immune from teachers First Amendment claims over pre-attendance prayer ban - VitalLaw.com - March 15th, 2026 [March 15th, 2026]
- First amendment quote - Pea Ridge Times - March 15th, 2026 [March 15th, 2026]
- Stanford Daily First Amendment suit against Trump admin moves toward final ruling - The Mercury News - March 15th, 2026 [March 15th, 2026]
- Diddy Reiterates Claim Freak-Offs Were Protected by First Amendment in New Appeal Brief - Complex - March 15th, 2026 [March 15th, 2026]
- Steve Bertrands acceptance speech for Lifetime Achievement Award at the RTDNA First Amendment Awards - WGN Radio 720 - March 15th, 2026 [March 15th, 2026]
- Legal Battle Between Anthropic, Trump Admin Could Have Major First Amendment Implications, Experts Say - National Review - March 15th, 2026 [March 15th, 2026]
- Kansas Senate votes to subvert students First Amendment right to join public protests - Kansas Reflector - March 7th, 2026 [March 7th, 2026]
- The Infrastructure of Free Expression - | Knight First Amendment Institute - March 7th, 2026 [March 7th, 2026]
- Editorial: Know the First Amendment rights - The Shorthorn - March 7th, 2026 [March 7th, 2026]
- After Abandoning Law Firm Executive Orders, Trump Administration Reverses Course and Pursues Fight - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- Federal Judge Blocks Florida Governors Foreign Terrorist Label of Muslim Groups - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- You cant celebrate the First Amendment with Donald Trump - Media Matters for America - March 7th, 2026 [March 7th, 2026]
- Mamdanis thin-skinned press secretary blocks social media comments a clear First Amendment violation, critics say - New York Post - February 26th, 2026 [February 26th, 2026]
- A Childrens Book Writer Clashed With Trump. Now Shes Defending The First Amendment - SheKnows - February 26th, 2026 [February 26th, 2026]
- Christian nationalism threatens First Amendment freedoms: The right to worship any way you desire - MS NOW - February 26th, 2026 [February 26th, 2026]
- Age Limits on Bodybuilding Supplements: Inside the First Amendment Battle for Teen Health - Live Media News - February 26th, 2026 [February 26th, 2026]
- Sorry FTC, the First Amendment Trumps Antitrust Law - RealClearMarkets - February 26th, 2026 [February 26th, 2026]
- Letter: Utah bill targeting protesters is a frontal assault on First Amendment rights - The Salt Lake Tribune - February 22nd, 2026 [February 22nd, 2026]
- First Amendment Troops The ResistDance - Dance Magazine - February 22nd, 2026 [February 22nd, 2026]
- Gov. Hochuls crackdown on AI-generated political speech wont pass the First Amendment test - New York Post - February 22nd, 2026 [February 22nd, 2026]
- Utah bill cracking down on protests criticized as invasion of our First Amendment rights - Utah News Dispatch - February 22nd, 2026 [February 22nd, 2026]
- The First Amendment in flux - The Minnesota Daily - February 22nd, 2026 [February 22nd, 2026]
- Attorney William Brewer on New Yorks Even Year Election Law and the First Amendment - First Amendment Watch - February 22nd, 2026 [February 22nd, 2026]
- Supporting and Implementing Truth as a Free Speech Value - | Knight First Amendment Institute - February 22nd, 2026 [February 22nd, 2026]
- Editorial: Reading between the lines of the First Amendment - TribLIVE.com - February 22nd, 2026 [February 22nd, 2026]
- Press Release: Representative Dave Min Raises First Amendment Concerns in Letter to FCC Chairman - Quiver Quantitative - February 22nd, 2026 [February 22nd, 2026]
- In a Scorching Order, Federal Judge Rejects Trumps Attempt to Trample the First Amendment and Rewrite Americas Antebellum Past - Ms. Magazine - February 22nd, 2026 [February 22nd, 2026]
- The Anti-Homelessness Plot Against the First Amendment - The New Republic - February 14th, 2026 [February 14th, 2026]
- In the News: Thomas Berg on Competing First Amendment Rights - Newsroom | University of St. Thomas - February 14th, 2026 [February 14th, 2026]
- New Knight Institute Initiative to Focus on Reconstructing Free Expression After Trump - | Knight First Amendment Institute - February 14th, 2026 [February 14th, 2026]
- Two Universities. Two Posters. One First Amendment Problem. - FIRE | Foundation for Individual Rights and Expression - February 14th, 2026 [February 14th, 2026]
- Haywood school district accused of First Amendment violation after Memphis rapper speaks to students - FOX13 Memphis - February 14th, 2026 [February 14th, 2026]
- Judge Rules Against Hegseth, Finding That He Trampled on Senator Kellys First Amendment Freedoms - Talking Points Memo - February 14th, 2026 [February 14th, 2026]
- Opinion | Don Lemon and the First Amendment - The Wall Street Journal - February 7th, 2026 [February 7th, 2026]
- The First Amendment and Lincolns Constitutional Legacy: Lectures in Law and Humanities focus on the history of Americans rights - Clemson News - February 7th, 2026 [February 7th, 2026]
- Can students be punished for protesting during the school day? First amendment expert weighs in - Fox 59 - February 7th, 2026 [February 7th, 2026]
- In the News: Julie Jonas on Don Lemon Arrest and the First Amendment - Newsroom | University of St. Thomas - February 7th, 2026 [February 7th, 2026]
- Nevada Fake Elector Case Resumes With Debate Over Intent Behind 2020 Pro-Trump Ceremony - First Amendment Watch - February 7th, 2026 [February 7th, 2026]
- Kentuckys Second Amendment warriors cannot stay silent as the First Amendment dies - Forward Kentucky - February 7th, 2026 [February 7th, 2026]
- Banned Books, Free Speech, and the First Amendment - Law.com - February 7th, 2026 [February 7th, 2026]
- Washington Post Cuts a Third of Its Staff in a Blow to a Legendary News Brand - First Amendment Watch - February 7th, 2026 [February 7th, 2026]
- Understanding what First Amendment rights students have when protesting ICE - WTHR - February 7th, 2026 [February 7th, 2026]
- Don Lemon Says a Dozen Agents Were Sent To Arrest Him Even Though He Offered To Turn Himself In - First Amendment Watch - February 4th, 2026 [February 4th, 2026]
- VERIFY: Yes, student protests are protected under the First Amendment, but schools can still discipline students for missing class - rocketcitynow.com - February 4th, 2026 [February 4th, 2026]
- Video First amendment lawyer reacts to arrest of Don Lemon - ABC News - February 1st, 2026 [February 1st, 2026]
- Mark Levin: Interference is not a First Amendment right - Fox News - February 1st, 2026 [February 1st, 2026]
- Can You Protest Inside or Near a Church? First Amendment Analysis - Freedom Forum - February 1st, 2026 [February 1st, 2026]
- First Amendment lawyers say Minneapolis ICE observers are protected by Constitution - Minnesota Reformer - February 1st, 2026 [February 1st, 2026]
- Opinion | After the Minneapolis shootings, a reminder of what the First Amendment protects - Star Tribune - February 1st, 2026 [February 1st, 2026]