Recording governmental officers engaged in public duties is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of law enforcement officers. See, e.g., Glik v. Cunnife, 655 F. 3d 78, 82 (1^st Cir. 2011)(“[b]asic First Amendment principles” and federal case law “unambiguously” establish that private individuals possess “a constitutionally protected right to videotape police carrying out their duties.”). The application of this right to the conduct of law enforcement officers is critically important because officers are granted substantial discretion that may be used to deprive individuals of their liberties.

Individuals have a First Amendment right to record and photograph police officers, as long as they do not engage in other conduct that delays or obstructs officers in the performance of their official duties. Individuals have a right to record in all traditionally public spaces, including sidewalks, streets, and locations of public protests, and in any other area where individuals have a legal right to be present, including an individual’s home or business, and common areas of public and private facilities and buildings.

Officers should be prohibited from interfering with recording of police activities except in narrowly circumscribed situations. Officers should be advised not to threaten, intimidate, or otherwise discourage an individual from recording police officer enforcement activities or intentionally block or obstruct cameras or recording devices. A person should be permitted to record public police activity unless the person engages in actions that jeopardize the safety of the officer, the suspect, or others in the vicinity, violate the law, or incite others to violate the law. However, an individual’s recording of police activity from a safe distance without any attendant action intended to obstruct the activity or threaten the safety of others does not amount to interference.  Nor does an individual’s conduct amount to interference if he or she expresses criticism of the police or the police activity being observed.

See letter from the U.S. Department of Justice Civil Rights Division, which is available at: http://www.justice.gov/crt/about/spl/documents/Sharp_ltr_5-14-12.pdf.