In a ruling that may have long reaching effects, the Federal Court of Appeals in Boston ruled this week that a citizen’s right to record the police in the commission of their duties is protected by the First Amendment. The case involved Simon Glik, a spectator who recorded three police officers who he believed were using excessive force against another. And while the ruling was actually in a civil case, the remarks by the court will no doubt be cited in criminal cases to come.
Glik saw the police officers using what he believed was excessive force in arresting another citizen. He pulled out his phone and began recording the officers. The officers saw this (as Glik made no effort to hide it), and arrested him for wiretapping, confiscating his phone and a flash drive. The wiretapping charge was dismissed by the Boston Municipal Court because the state Supreme Court had previously determined it only applied to recordings made in secret without all parties’ knowledge.
Glik then filed a complaint alleging the police violated his First and Fourth Amendment rights, claiming he had a constitutionally guaranteed right to record the cops. The police officers moved to have the case dismissed. The lower court denied the motion to dismiss the case and the Appeals Court affirmed this, “allowing Glik to pursue his claims against the officer,” according to the Reporters Committee for Freedom of the Press.
The court determined the First Amendment did more than guarantee the freedom of speech and press and “encompasses a range of conduct related to the gathering and dissemination of information.” They went on to note that recording police officers acting in an official capacity served a “cardinal First Amendment interest in protecting and promoting the ‘free discussion of governmental affairs.’”
Nearly everyone walking down the street is carrying a recording device and because the line between journalist and citizen has been so blurred over the past several years, it’s not a stretch to say a concerned citizen could be a well-known blogger or in some other way fills the role of the press in disseminating information to the general public.
Across the country we’ve seen a jump in criminal charges being levied against people who record the police. From wiretapping laws to charges of disturbing the peace, it’s a fact that cops don’t want to be recorded and prosecutors will file charges when they can to stop citizens from exercising their right to do so.
As citizens we are recorded by the police on dash board cameras, collar cams, and surveillance systems all of the time. We often aren’t even made aware that these cameras are rolling. There’s no reason why the police should be protected from this same level of surveillance when they are acting in their professional role.
About David Matson