Two weeks ago today a U.S. appeals court ruled that
citizens can video police.
The actual decision is broader than that.
It’s not just about police, it’s about
“The filming of government officials engaged in their duties in a
The First Amendment issue here is, as the parties frame
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
it, fairly narrow: is there a constitutionally protected right to
videotape police carrying out their duties in public? Basic First
Amendment principles, along with case law from this and other
circuits, answer that question unambiguously in the affirmative.
It is firmly established that the First Amendment’s
aegis extends further than the text’s proscription on laws