Rutherford Institute Asks Third Circuit Court of Appeals to Protect First Amendment Right of Citizens/Journalists to Record Police in Public

Starvin Larry

November 02, 2016

PHILADELPHIA, Pa. —The Rutherford Institute has asked a federal appeals court to safeguard the right of citizens and journalists to record police in public without fear of retaliation. In a friend-of-the-court brief filed with the U.S. Court of Appeals for the Third Circuit, Rutherford Institute attorneys argue that the First Amendment protects the right of citizens to make audio or video recordings of public law enforcement activities.

The brief was filed in a consolidated appeal of two cases in which a federal district court ruled that police and the City of Philadelphia could not be sued by persons who were arrested or physically assaulted by officers allegedly because they had made video recordings of police engaged in quelling disturbances.

“Police body cameras will never serve as an effective check on police misconduct as long the cameras can be turned on and off at will and the footage…

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