Boston lawyer Simon Glik was arrested on October 1, 2007 when he used his cell phone to record officers making a drug arrest, and later sued the city and the officers for violating his rights. After the officers tried to having the lawsuit dismissed on the basis of qualified immunity, a Federal Appeals Court denied the motion last week and ruled that filming and photographing police is in fact protected by the First Amendment.
[…] changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.
This is great news for photographers’ rights (in the United States, at least).