Federal appeals court solidifies right to record police performing duties in a public place

A libertarian activist won a ruling in federal appeals court on the right to report a traffic stop in a public place. The activist, Carla Gericke, sued a New Hampshire police department to defend her First Amendment rights after she was arrested for using  her video camera to film a late-night traffic stop. (Reporters Committee for Freedom of the Press, May 27, 2014, by Kevin Delaney)

Eugene Volokh wrote that barring safety issues, a citizen has the right to record such police actions as traffic stops in the pursuit of a First Amendment interest in promoting discussion of government activities. The Gericke decision followed another federal appeals court decision in the First Circuit protecting the right to videotape police officers in the Boston Commons. (The Volokh Conspiracy, May 25, 2014.)