Free Talk Live

First Circuit Court of Appeals finds that a state law banning recording of police officers in public is unconstitutional

A District Court judge in Goffstown, New Hampshire has dismissed a criminal charge against a Weare man for recording his conversation with a police officer during a traffic stop. Judge Edward Tenney followed a recent First Circuit Court of Appeals decision in Boston in Glik v. Cunniffe in ruling that William Alleman was within his constitutional rights when making an audio recording of Weare Police Officer Brandon Montplaisir during the traffic stop on July 10, 2010.

The settlement follows a landmark ruling last August by the U.S. Court of Appeals for the First Circuit, declaring that the First Amendment protects the right to record police carrying out their duties in a public place...

"The law had been clear for years that openly recording a video is not a crime..."

The court's opinion made clear that people cannot be arrested simply for documenting the actions of police officers in public...

"The First Amendment includes the freedom to observe and document the conduct of government officials, which is crucial to a democracy and a free society."

A U.S. Congressman has introduced a resolution that would protect citizens who videotape cops in public from getting arrested on state wiretapping charges.

"A man in Weare, New Hampshire was charged with felony wiretapping for recording the police during a traffic stop — based on a cell phone call he made as an officer approached his vehicle. From the article: Police considered it wiretapping because the call was being recorded by a voice mail service without the officer's consent."

Illinois charges you with a Class I felony for recording cops; it's punishable by 4 to 15 years in prison.

A Minnesota man was arrested while recording police as they called paramedics to assist a stranger covered in blood... because the officer said it was a violation of HIPAA regulations. Cops also stole his camera... but the audio was recorded remotely via cellpone! It isn't a violation. So they charged him with "disorderly conduct" and "obstruction of legal process," whatever that is. He vows to not take a plea and will take the case to trial! Never take a plea!!!

An incidental recording taken while a Florida woman was on the phone with her insurance company shows that the police who arrested her and charged her with a felony for resisting arrest lied in their reports, and then again under questioning.

"Federal District Court Judge Suzanne Conlon has dismissed an ACLU challenge to the Illinois law that makes recording someone in a public space without their permission a felony punishable by up to 15 years in prison."