Photo: Jaromir Chalabala/Shutterstock Tenth Circuit Recognizes Constitutional Right To Record the Police
In 'Irizarry v. Yehia', the Tenth Circuit joined six other circuits in holding that the First Amendment protects the right to record police encounters—and further held that the defendant officer wasn't entitled to qualified immunity for violating that right. In doing so, the appellate court offered guidance on the scope of the clearly established prong of qualified immunity.
August 11, 2022 at 09:45 AM
6 minute read
A few weeks ago, the U.S. Court of Appeals for the Tenth Circuit joined six other circuits in recognizing that the First Amendment protects the right to record the police in public as they 
perform their official duties. In that decision, the appellate court also held that the right was clearly established as of mid-2019, and as a result, it allowed a litigant's §1983 claim against a police officer to move forward.
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