Is Filming the Police Protected by the First Amendment?

Is Filming the Police Protected by the First AmendmentYes. A police officer was not entitled to qualified immunity for interfering with a YouTube journalist and blogger who were filming a DUI stop, ruled the Denver-based 10th U.S. Circuit Court of Appeals. The court’s July 11, 2022 opinion said there is a First Amendment right to film police performing their duties in public, and it was clearly established based on rulings by six other federal circuit courts. The citizen journalist, Abade Irizarry, claimed that a police officer obstructed his filming, shined a flashlight into his camera, and then drove a police cruiser at him and a fellow journalist.

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Robert Friedman, Esq. Avatar

Robert Friedman, Esq.

Partner/Attorney Hamline University School of Law, New York State Bar, U.S. District Court for the Western District of New York

ROBERT FRIEDMAN, ATTORNEY BY THE NUMBERS

  • 30,000+ DANGEROUS DRIVERS SUCCESSFULLY PROSECUTED OVER THE PAST 35 YEARS AS A VEHICLE & TRAFFIC PROSECUTOR.  Named 2003 WNY Prosecutor of the Year.
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