A Due Process Right to Record the Police
Glenn Harlan Reynolds
University of Tennessee College of Law
John A. Steakley
John A. Steakley, P.C.
April 22, 2012
Washington University Law Review, Vol. 89, No. 30, 2012, Forthcoming
University of Tennessee Legal Studies Research Paper No. 190
There has been considerable discussion of citizens' First Amendment right to record the police. This essay, however, argues that independent of any First Amendment right, there is also a due process right to record the actions of law enforcement, and that this right applies even when the interaction takes place in private, and not in public places. This question of a due process right to record the police has not yet produced the degree of attention and litigation that public recording has, but the growth of inexpensive recording equipment and its inclusion in smart phones ensures that such attention and litigation are sure to be forthcoming.
Number of Pages in PDF File: 9
Keywords: first amendment, due process, recording, video, photography, police, law enforcement, citizen
Date posted: April 23, 2012 ; Last revised: August 10, 2012