Currently, the following U.S. Courts of Appeals have recognized the First Amendment right to record the police and/or other public officials: First Circuit (with jurisdiction over Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island): see Glik v. Cunniffe, 655 F.3d 78, 85 (1st Cir. 2011) ([A] citizens right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment.); Iacobucci v. Boulter, 193 F.3d 14 (1st Cir. 1999) (police lacked authority to prohibit citizen from recording commissioners in town hall because [the citizens] activities were peaceful, not performed in derogation of any law, and done in the exercise of his First Amendment rights[.]). Seventh Circuit (with jurisdiction over Illinois, Indiana, and Wisconsin): see ACLU v. Alvarez, 679 F.3d 583, 595 (7th Cir. 2012) (The act of making an audio or audiovisual recording is necessarily included within the First Amendments guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording.). Ninth Circuit (with jurisdiction over Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, and Washington): see Fordyce v. City of Seattle, 55 F.3d 436, 438 (9th Cir. 1995) (assuming a First Amendment right to record the police); see also Adkins v. Limtiaco, _ Fed. Appx _, No. 11-17543, 2013 WL 4046720 (9th Cir. Aug. 12, 2013) (recognizing First Amendment right to photograph police, citing Fordyce). Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia): see Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir. 2000) (The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.).
Posted on: Sun, 03 Aug 2014 10:33:40 +0000
Trending Topics
Recently Viewed Topics
© 2015