Thursday, May. 22, 2025
Is the recording of police legally protected?
Filming police is a constitutionally protected right, multiple courts have ruled.
The first press release from the city of Minneapolis following George Floyd’s murder stated he had died of a “medical emergency.” It was a citizen filming at the scene who first exposed that former police officer Derek Chauvin had leaned on Floyd’s neck for 9 minutes and 29 seconds.
Multiple federal circuit courts have concluded that citizens have a “First Amendment right to film the police performing their duties in public.” The U.S. Supreme Court has not directly ruled on a case addressing the issue.
Bottomline: taking photographs and video in public spaces is protected speech. Therefore, filming police in public spaces is protected. But the way courts interpret this right historically has varied.
For example, a 2022 law in Arizona made it illegal to knowingly take video of police officers from an 8-foot-or-closer vantage point without an officer’s permission.
This fact brief is responsive to conversations such as this one.
Sources
- The U.S. Constitution First Amendment
- New York Public Radio Five things to know before recording the police
- The Associated Press Denver appeals court upholds right to record police
- The Associated Press In era of transparency, Arizona law limits filming police
- The Conversation The other George Floyd story: How media freedom led to conviction in his killer’s trial
- Minnesota Law Review Filming police in the wake of George Floyd’s murder: A First Amendment right?
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
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