deraneyesq — 8 years ago
July 10th, 2017 – An Update on Recording of Law Enforcement from the 3rd Circuit
On July 7th, 2017, the United States Court of Appeals for the Third Circuit, which oversees Delaware, Pennsylvania, and the Virgin Islands, as well as New Jersey, joined an ever-growing list of Federal Courts in allowing the recording of law enforcement as it is protected by the 1st Amendment to the United States Constitution. In Fields v. City of Philadelphia and Geraci v. City of Philadelphia and Several Individually Named Police Officers, the Court, in a decision delivered by the Hon. Thomas L. Ambro, stated,
“We ask much of our police… They can be our shelter from the storm. Yet officers are public officials carrying out public functions, and the First Amendment requires them to bear bystanders recording their actions. This is vital to promote the access that fosters free discussion of governmental actions, especially when that discussion benefits not only citizens but the officers themselves.”
The opinion, which references the controversial beating of Rodney King by LAPD in what many call as the peak of police misconduct, did not give the public an absolute right to record police. Ambro asserted that there are restrictions including, one for example, that if recording interferes with an investigation or exposes a CI or confidential informant.
ACLU Attorney Molly Tack-Hooper, whom argued the case before the Court, said, “The police cannot operate in a shroud of secrecy…The fundamental right to document police activity is crucial to deter misconduct and gather information about how police use their power. Today’s ruling strengthens that important concept.” To read the opinion, click here.
