Hassan Kanu in Reuters, February 24, 2023, writes of a Fourth Circuit U.S. Court of Appeals decision concerning a man’s attempt to livestream police officers making a routine traffic stop of his brother, a Black man, “On balance, the decision makes clear that Americans have an expansive First Amendment right to record and publish law enforcement activity. But it also means police departments can likely override the right in some circumstances simply by invoking their own subjective and unspecified concerns about potential danger.”
The officers told Dijon Sharpe that he could record the stop but not livestream it because it could pinpoint the location of the officers.The case goes back to the district court to determine whether the ban on livestreaming is content-based. requiring strict scrutiny, or content-neutral, a less rigorous standard. (Electronic Frontier Foundation, February 23, 2023, by Sophia Cope and Adam Schwartz)