Do Citizens Have a Right to Film Police Officers? [POLICYbrief]

Can you be arrested for taking videos of the police? Scott Erickson, president and executive director of Americans in Support of Law Enforcement, discusses whether and when the public has a right to film law enforcement and what the courts have decided on the issue.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Learn more about Scott Erickson:

Related Links:

FindLaw: You Have a First Amendment Right to Film Police, 5th Cir. Rules

Digital Media Law Project: Recording Police Officers and Public Officials

Reason: Rules for Recording Police

ACLU: Know Your Rights: Photographers- What to Do If You Are Stopped or Detained for Taking Photographs

Washington Post: Court: No First Amendment right to videorecord police unless you are challenging the police at the time

NPR: Civilians Can Record Police Encounters, But When Is It Interference?

[lauriedooker]

Filming police is now a spectators sport . I’m a fan. ❤️

[pastaloop]

i saw a video where a cop was trying to arrest for recording

[snarky]

Officer safety is rarely the real issue. It's usually a smoke-screen the cop is using because some cops are criminals and they don't want to get caught breaking the law on tape.

[squigglyline]

Can. You. IMAGINE. How much stuff police have gotten away with based on how much they're willing to do in front of the camera now?

[jeromemccollom]

Most cops might understand you have a right to film, the problem is that most cops do NOT care and will violate your rights at their whims and since they are protected by police unions, they know they are good. I have seen hundreds of videos of cops illegally arresting for filming or deleting video and know they will almost never be fired or held accountable.

[stonep]

I’m confused. Which amendment states that officer safety trumps the first amendment? Is there a history of people filming cops in the practice of their job as cops killing those cops? Where is the real evidence that filming cops in any way puts their lives at risk? How can the simple act of filming outside of arms reach or the officer inhibit their job (ie not getting in front of them or between them and their “suspect” in any way? If it’s legal, why is it common and totally ok for cops to tell you to stop, how is that not an action that cools a citizen of average toughness from exercising their first amendment right to film? Especially when yelled at you by and armed officer probably threatening you with arrest or implying the loss of your life for not doing so?

[johndemartin]

This narrator sounds so reasonable I was almost duped. He's only parroting the company line, implying with his disingenuous argument that police don't want to be filmed ONLY when it interferes with their official work. That's b.s. and this narrator knows (or should know) it. Police NEVER want to be filmed. The smart ones, let's say, understand the 1st Amendment and comply but . . . hell . . . they don't want to have to wear THEIR OWN body cams (and many, as we know, "forget" to turn them on though required to by department policy/state law). How many of them, then, truly respect the right of Citizen Joe to "wear his own body cam" and film the cops performing their duties. Very small % I have no doubt!

[thespyinthecab]

The issue with the whole "crossing that line" where a Cop can detain or arrest you for filming is something that MOST Cops will use against us because in the end, they don't want to be filmed, no matter how much they say they don't care.... trust me, they do.
Many Police have proven this by the endless videos on YouTube where they will either lie about how close they can be or purposely tape off a much larger area to purposely keep filming far away and most likely out of earshot and of good quality of film due to
When it comes to "officer safety", again the Cops LIE and use this term to not allow people to be it if they are filming outside close to a scene or even if they are in a car pulled will say ridiculous things like they don't know if that's a weapon in their hand, that they are distracting them from their duty (which is BS) or even things like, don't point that phone at me or keep it face up because i don't want you to call people to the scene and put me at It's all just shady, BS talk to prevent us from filming.
If the majority of Police were not breaking the law, lying, harassing, intimidating, etc. then they wouldn't care if they were being the fact of the matter is that they are almost always doing something illegal or smaller things like lying if they were speeding or breaking a minor law, all the way to
"I smell drugs" or "he's got a gun" . . . . .
They thrive on lying and most have egos and mental illnesses. . . . . and most definitely Napoleon complexes and other shortcomings that made them become a cop in the first

[mikegarrens]

Yes!!! If they do their job right...
they have nothing to worry about.

[DonnieHeaton]

They need to be filmed. They seem to be feeling's police other than real law police..

[andychandler]

Minorities alone with police: Don't shoot!!!

Police around people with cameras: Don't shoot!!!!

[FeeRangeNoMaD]

I solemnly swear to support and defend the constitution by videoing police threatening life, liberty and the pursuit of happiness.

[yashawngray]

Just because the officer is scared or worried that you are going to inhibit their ability to do something does not make it true, and they cannot force you to cross the street or to move your body anywhere without due process of law.
As a citizen you have a right to be wherever your feet are planted.
You also have a right to not assist with any investigation, if they feel like your god-given right to be were you are is going to hinder them that is their they need to be abel to prove you actually hindered them in a court room before any lawful order is given to you to move your body to their commands

[ironbitch]

Body cameras are seen as key to police reform. But do they increase accountability?

Amid widespread calls for police reform, there’s a renewed push from both advocates and lawmakers to require officers to wear body cameras.

This week, New Mexico’s legislature approved a bill that would require all officers in the state to wear body cameras. In Congress, House Democrats introduced a bill this month that would, among other things, require federal law enforcement to wear body cameras and provide funding and incentives for municipal law enforcement to do the same. A Republican proposal in the Senate would also establish grant funding to help police departments purchase body cameras and supporting technology for maintenance and data storage.

[kirubealwondimu]

I just want a yes or no answer. Dislike.

[humanseeksjustice]

He speaks really well. I've been beaten by cops (and I was innocent of any wrong doing). This guy seems like he has sense and would not have allowed by abuse as a child. He should be promoted to one of the top law enforcement positions in the land. Bring us all together instead of the hate, brutality, ignorance, violence. Thanks.

[raybland]

Kodak never imagined the camera would become a powerful tool

[JukeboxWithJay]

Just remember even though they might be recording and it might make you feel safe, when they do something wrong you’ll have to go to hell and back to get the footage

[Zerosen]

there are time when some law enforcement go on a powertrip and will by force try to take someone's camera, like in Nevada with explore with us where the officer was violating their civil rights.

[mangoinnmclovin]

1. Filming police became a discussion topic in the early 90s
2. Filming law enforcement is a matter of discussion in the USA
3. The controversy is bigger when considering filming law enforcement that can use deathly force
4. Law enforcement started to understand public's desire to have the right of filming them
5. Filming police has become more common with the use of smart devices
6. Around 60% of the population of the US prefers to have a right to film law enforcement
7. No police officer can force a civilian to stop filming them
8. Not allowing a police officer to do their job correctly while filming them is punishable
9. Intruding or not letting an officer perform its duty can lead to even an arrest
10. For the law providing guidelines to what civilians can do is difficult
11. Goal of body cameras and dashcams is to protect citizens and officers alike
12.