Can you record the police?
Under the Constitution, when can the police prevent the use of cameras in public? While the Supreme Court has not yet ruled on the issue, federal appeals courts have ruled that recording law enforcement is protected under the First Amendment. An important caveat that Professor Rachel Harmon explains, however, is that the government can impose restrictions on the time, place, and manner of this protected speech. There is a distinction between recording and interfering with police activities, which is an area that courts are navigating to determine what types of restrictions are reasonable. Harmon delves into the subject of when interference may lead to a limitation on otherwise protected speech and explains under what circumstances police officers can stop bystanders from recording a crime scene or a detainee from recording during an arrest or traffic stop.
