Obama-Appointed Judge Restricts Citizen Recording of On-Duty Police

Friday, February 26, 2016
Judge Mark Kearney

PHILADELPHIA (AP) — The American Civil Liberties Union plans to appeal a recent federal court ruling that citizens can sometimes be stopped from recording police officers on duty.


Philly.com says the appeal concerns a ruling issued Friday in Philadelphia by U.S. District Court Judge Mark Kearney.


Kearney ruled that citizens don't have an unfettered right to record police activity. He said police are free to stop such recordings unless the person shooting the video announces he or she is recording as a challenge or protest to officers' actions.


ACLU attorney Mary Catherine Roper says the ruling reduces "the ability of the public to monitor police activity."


But the judge says the First Amendment doesn't give people a right to record police unless it is part of "expressive conduct" protected by the amendment.


To Learn More:

                Right to Film Police Affirmed by Federal Court (by Noel Brinkerhoff, AllGov)

Justice Dept. Supports Right of Citizens to Photograph and Film Police (by Noel Brinkerhoff, AllGov)

Illinois Law Criminalizing the Recording of Police Activity Comes to an End after 51 Years (by Noel Brinkerhoff, AllGov)

Why are Americans Arrested for Videotaping Police in Public Places? (by Noel Brinkerhoff, AllGov)

Police Arrest Bystanders Who Use Phones to Video Arrests of Others (by Noel Brinkerhoff, AllGov)


Carlie 8 years ago
You’re absolutely right to note that Obama is responsible for this. This federal judge (went to Villanova?) spent his entire career (from clerkship to his nomination) in corporate litigation and has no constitutional law experience whatsoever.

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