DOJ Supports Right To Record Police
Hey, they came down on the right side!
The Justice Department is urging a court to affirm individuals' rights to record police under the First Amendment, filing a statement of interest in support of a journalist suing over his arrest while photographing Maryland officers.
In the statement filed this week in a federal court in Maryland, the Justice Department argues that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and 14th Amendment rights protecting them from having those recordings seized without a warrant or due process. The DOJ urges the court to uphold these rights and to reject a motion to dismiss from Montgomery Co. in Garcia v. Montgomery Co., a case that has implications for an increasing crop of litigation on the subject in the era of ubiquitous smartphones.