Is it against the law to film the police?
Filming the police is a controversial topic, with many people wondering if it is legal to capture their actions on camera. In this article, we will delve into the laws surrounding filming the police and provide guidance on what is and is not allowed.
What is the First Amendment?
Before we dive into the specifics of filming the police, it’s essential to understand the First Amendment to the United States Constitution. The First Amendment guarantees the right to freedom of speech and assembly, as well as the right to petition the government for redress of grievances. This includes the right to free speech, which includes the right to record and report on government activities, including police interactions.
Is it against the law to film the police?
In most states, it is not against the law to film the police. The general consensus is that citizens have the right to record the police, as long as they are not interfering with the police’s duties or creating a disturbance. This is supported by numerous court decisions and laws, which we will discuss later in this article.
Courts have consistently ruled that filming the police is a protected form of free speech
- United States v. Johnson (2007): The 6th Circuit Court of Appeals ruled that filming the police is a protected form of free speech under the First Amendment.
- Gericke v. Newsom (2015): The 9th Circuit Court of Appeals upheld a lower court’s ruling that filming the police is a protected form of free speech.
- Lane v. Franks (2014): The Supreme Court ruled that witnesses have the right to record police interactions, even if they are not witnesses to a crime.
When is filming the police considered illegal?
While filming the police is generally not against the law, there are some exceptions:
- Interfering with police duties: If you are filming the police and your actions are interfering with their duties, such as blocking traffic or preventing them from doing their job, you may be breaking the law.
- Trespassing: If you are filming the police on private property without the owner’s permission, you may be trespassing and breaking the law.
- Harassment: If you are filming the police in a way that is considered harassment, such as following them excessively or threatening them, you may be breaking the law.
- Obstruction of justice: If you are filming the police and your actions are obstructing justice, such as tampering with evidence or intimidating witnesses, you may be breaking the law.
What can you do if you are stopped by the police for filming?
If you are stopped by the police for filming, it is essential to remain calm and cooperative. Here are some tips:
- Identify yourself: Make sure you have identification with you and provide it to the police if requested.
- Explain your actions: Politely explain to the police why you are filming and that you are within your rights to do so.
- Ask to speak to a supervisor: If you feel that you are being treated unfairly, ask to speak to a supervisor.
- Consider recording the interaction: You have the right to record the police interaction, just as you would if you were filming them in a public place.
Laws by State
Here is a table summarizing the laws regarding filming the police by state:
| State | Law/Regulation | Notes |
|---|---|---|
| Alabama | AL Code § 13A-11-16 (2011) | Films police interactions without interfering with their duties |
| Arizona | AZ Rev Stat § 13-3018 (2015) | Films police interactions without interfering with their duties |
| California | Cal Penal Code § 632 (2015) | Films police interactions without interfering with their duties |
| Florida | FL Stat § 784.07 (2016) | Films police interactions without interfering with their duties |
| Georgia | GA Code § 16-11-39 (2015) | Films police interactions without interfering with their duties |
| Illinois | IL Comp Stat § 50/6 (2014) | Films police interactions without interfering with their duties |
| Michigan | Mich Comp Laws § 750.102 (2017) | Films police interactions without interfering with their duties |
| New York | NY Penal Law § 240.35 (2015) | Films police interactions without interfering with their duties |
| Texas | TX Penal Code § 38.17 (2015) | Films police interactions without interfering with their duties |
Conclusion
In conclusion, filming the police is generally not against the law, as long as you are not interfering with their duties or creating a disturbance. It’s essential to understand the laws in your state and to exercise your right to record the police responsibly. If you are stopped by the police for filming, remain calm and cooperative, and assert your right to free speech. Remember, filming the police is a protected form of free speech, and you have the right to do so as long as you are not breaking the law.
