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First Circuit Court of Appeals Rules OK to Film Police and Government Members

September 1, 2011, by Ken Jorgustin

court-rules-ok-to-film-video-police-and-government-members

Please be advised that the United States Court of Appeals for the First Circuit has just ruled on August 26, 2011 that citizens have the right under the 1st Amendment of the Constitution of the United States to record the police. You will find beginning on page 8 of the copy of that ruling that it is well established that members of the public may record members of the government, including the police, while they are engaged in their duties in a public place.

 

United States Court of Appeals
For the First Circuit
August 26, 2011

LIPEZ, Circuit Judge. Simon Glik was arrested for using his cell phone’s digital video camera to film several police officers arresting a young man on the Boston Common. The charges against Glik, which included violation of Massachusetts’s wiretap statute and two other state-law offenses, were subsequently judged baseless and were dismissed. Glik then brought this suit under 42 U.S.C. § 1983, claiming that his arrest for filming the officers constituted a violation of his rights under the First and Fourth Amendments.

1. Were Glik’s First Amendment Rights Violated?

The First Amendment issue here is, as the parties frame 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 . . .well established that the Constitution protects the right to receive information and ideas.”). An important corollary to this interest in protecting the stock of public information is that “[t]here is an undoubted right to gather news ‘from any source by means within the law.‘” Houchins v. KQED, Inc., 438 U.S. 1, 11 (1978) (quoting Branzburg v. Hayes, 408 U.S. 665, 681-82 (1972)).

The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles.

Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Mills v. Alabama, 384 U.S. 214, 218 (1966).

Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.'”

 

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