The right to record police in performing their duties in public spaces is a critical issue that intersects with First Amendment rights to free speech and press.
Over the years, several federal cases have addressed this issue, establishing precedents affirming individuals’ right to record police officers.
Below is a table summarizing some of the key federal cases on this matter and the core rulings of each court:
| Case Name | Court | Year | Summary of Ruling |
|---|---|---|---|
| Glik v. Cunniffe | First Circuit Court of Appeals | 2011 | The court held that a private citizen has the right to record police officers when performing their duties in public, affirming that the First Amendment protects such actions. |
| ACLU v. Alvarez | Seventh Circuit Court of Appeals | 2012 | The court ruled that the Illinois Eavesdropping Act, which made it illegal to record police officers without their consent, was unconstitutional under the First Amendment when applied to the audio recording of police officers performing their duties in public. |
| Fordyce v. City of Seattle | Ninth Circuit Court of Appeals | 1995 | Although not exclusively about recording police, this case involved a man filming a public protest. The court recognized a First Amendment right to film matters of public interest, which by implication includes police activity. |
| Turner v. Driver | Fifth Circuit Court of Appeals | 2017 | The court recognized that individuals have a First Amendment right to record police officers performing their official duties. The case clarified that this right is not without limitations but is broadly protected. |
| Fields v. City of Philadelphia | Third Circuit Court of Appeals | 2017 | The court held that the First Amendment protects the act of photographing, videotaping, or otherwise recording police officers conducting their official duties in public. |
These cases underscore the principle that recording police in the public performance of their duties is a form of expression protected by the First Amendment.
How to Record the Police
According to the American Civil Liberties Union (ACLU), citizens should responsibly and legally use cameras to record police activities.
Here is a summary of key recommendations from the ACLU on this topic:
- Know Your Rights: It’s important to understand that you have the right to record police officers performing their duties in public spaces. This right is protected under the First Amendment of the U.S. Constitution.
- Maintain a Safe and Respectful Distance: While recording, keep a reasonable distance from any police activity to ensure you do not interfere with law enforcement operations. The ACLU suggests staying calm and not getting in the way of the police.
- Do Not Secretly Record: In many jurisdictions, the laws concerning audio recording require consent from all parties involved. It’s safer to record openly rather than attempting to do so in secret.
- Know the Local Laws: Be aware of any specific state or local laws that might regulate recording. Some areas may have specific requirements or restrictions.
- Use Judgement: If a police officer asks you to stop recording or to move, use your judgment. Asserting your rights is important, but so is assessing the situation for potential risk. If you feel your rights are being violated, comply under protest and remember the details for a future legal challenge.
- Preserve the Recording: Keep a secure copy of your recording. If you believe the recording has evidence of police misconduct, consider making copies and backing them up in secure locations.
- Share Responsibly: Consider the implications if you intend to share the recording publicly or with the media. Blurring the faces of bystanders or others who have not consented to be filmed can protect privacy.
- Use ACLU Apps: The ACLU has developed specific mobile apps in some states designed to securely record and submit videos of police interactions to the ACLU. These apps can automatically upload videos to ACLU servers, preserving them even if your phone is confiscated or destroyed.
- Stay Informed: Laws and policies can change, so it’s essential to stay informed about the latest developments regarding your rights to record police activities.
To get more information on the federal cases listed above, go to the following websites:
Free Access Websites
- Google Scholar (scholar.google.com)
- Offers a broad range of legal documents, including federal and state case law. It’s a good starting point for free legal research.
- Cornell Legal Information Institute (LII) (www.law.cornell.edu)
- Provides free access to a wide range of legal resources, including U.S. Supreme Court decisions, federal statutes, and regulations.
- FindLaw (findlaw.com)
- Offers free case law search, which includes Supreme Court opinions and cases from various courts of appeals and state supreme courts.
- Justia (www.justia.com)
- Provides free access to federal and state court decisions, statutes, and regulations, as well as legal information and resources for the public.
- Public Library of Law (plol.org)
- One of the largest free law libraries in the world, providing access to court cases, statutes, regulations, and legal articles.