From Jason Stverak on OJR, Sept. 29, 2011 – Last month, a federal court ruled that recording public officials, including police officers, is protected by the First Amendment. This decision, which may outrage law enforcement officials and members of Congress, is one of the first federal court decisions that brings the First Amendment into the Internet age.
This case emerged from an incident where a private citizen used his personal cell phone to capture alleged police brutality.
Simon Glik could have walked away when he saw two police officers punching a man in the face. Instead, he pulled out his cellphone and started recording it. When Mr. Glik informed the police officers that he was recording audio, the officer arrested him for violating the state’s wiretap law. He also was charged with disturbing the peace and aiding the escape of a prisoner. The charges were dropped eventually because of lack of merit, but Mr. Glik filed a lawsuit claiming his free-speech rights had been violated.
This latest ruling is especially relevant to those who consider themselves citizen journalists. Before the court’s decision, members of the general public did not have the legal protection guaranteed by state shield laws enjoyed by credentialed journalists.
