Citizens' Freedom to Record Benefits Police and Public Alike
The unbroken string of circuit decisions, now including New Jersey, recognizes the First Amendment right to record official police activity. We believe that all concerned, citizens and police, will benefit from a more complete factual record.
July 21, 2017 at 05:10 PM
6 minute read
In Fields v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit recently joined five other circuits in ruling that the First Amendment protects individuals' rights to film police officers performing their official duties. The Third Circuit decision involved two civil rights suits by observers to police activity. The first involved an observer who was physically restrained from filming the arrest of an anti-fracking protestor. The second involved a university student who was arrested for trying to film police officers breaking up a house party. Each civil rights suit claimed the officers wrongfully interfered with the attempts to film.
The court unanimously agreed that each plaintiff possessed a First Amendment right to record the police and, that that right was violated in each instance. It rejected the trial court's conclusion that First Amendment protection depended on whether the videographer intended, at the time of recording, to use the video to report or comment on police behavior. Instead, it held that the First Amendment “protects the public's right to access to information about their officials' public activities” and therefore bars the government from “limiting the stock of information from which members of the public may draw.” The court observed that private citizen recordings often provide “different perspectives” than official police recordings, such as dashcam videos, and “fill the gaps created when the police choose not to record or withhold their footage from the public.” We strongly endorse this aspect of the court's reasoning and decision.
The court was careful to say, however, that the First Amendment right to record government activity in public was subject to reasonable time, place and manner restrictions. It pointed out that one plaintiff videographer had been recording from across the street, and the other, “without getting in the officers' way,” and it cautioned that recording that interferes with police activity, such as recording dealings with confidential informants, might not be protected. While there will probably be cases where the police claim physical or other interference, the opinion makes it clear that scrutiny itself does not interfere with the police even though it might affect their behavior by recording it.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFederal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit
4 minute readHours After Trump Takes Office, Democratic AGs Target Birthright Citizenship Order
4 minute readTrending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250