Sunday, February 26, 2017

Fifth Circuit decision on filming police (Updated)

This is pretty interesting considering this is exactly what we are learning right now. A man was arrested for filming police outside of a police station in Fort Worth, Texas.

After being briefly detained he was let go. The man sued claiming violations of both his First and Fourth Amendment rights. The Fifth Circuit upheld immunity for the officers but in their ruling established that an individual has a First Amendment right to film the police but it won't be applied retroactively because the court held that the officers did not act unreasonably. At least within the Fifth Circuit, this is now a clearly established right.

It looks like the Fourth Amendment question is going back to the District Court.

Update: Here is the Fifth Circuit decision, which may be less convoluted than the article made it seem.