First Amendment Right to Record Police: When Clearly Established Is Not Clear Enough

30 Pages Posted: 25 Feb 2015 Last revised: 4 Jun 2016

Matthew Slaughter

Government of the United States of America, Federal Judiciary, U.S. District Courts, Western District of Louisiana

Date Written: February 23, 2015

Abstract

Practically a citizen is restrained from freely exercising their right to film police activity in public even in circuits that have found the right clearly established. Because the reasonable restrictions have not yet been clearly articulated, a citizen has the recourse to film the police and merely hope that their unique situation is afforded First Amendment protections. Such uncertainty will inevitably lead to a chilling effect on the protected activity and encourage police officers to continue to limit the right to film police in public. My paper outlines the current Circuit decisions and demonstrates why a national standard outlining a right to record police activity would be a prudent policy decision if the Supreme Court grants certiorari.

Keywords: Constitutional Law, Criminal Law

Suggested Citation

Slaughter, Matthew, First Amendment Right to Record Police: When Clearly Established Is Not Clear Enough (February 23, 2015). John Marshall Law Review, Vol. 48, No. 3, 2015. Available at SSRN: https://ssrn.com/abstract=2568938 or http://dx.doi.org/10.2139/ssrn.2568938

Matthew Slaughter (Contact Author)

Government of the United States of America, Federal Judiciary, U.S. District Courts, Western District of Louisiana ( email )

201 Jackson Street, Suite 215
Monroe, LA 71201
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
76
rank
244,398
Abstract Views
324
PlumX