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DOJ defends citizens' right to record police

The Justice Department is urging a court to affirm individuals’ rights to record police under the First Amendment, filing a statement of interest in support of a journalist suing over his arrest while photographing Maryland officers.
Oklahoman Published: March 8, 2013
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The Justice Department is urging a court to affirm individuals’ rights to record police under the First Amendment, filing a statement of interest in support of a journalist suing over his arrest while photographing Maryland officers.



In the statement filed this week in a federal court in Maryland, the Justice Department argues that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and 14th Amendment rights protecting them from having those recordings seized without a warrant or due process. The DOJ urges the court to uphold these rights and to reject a motion to dismiss from Montgomery Co. in Garcia v. Montgomery Co., a case that has implications for an increasing crop of litigation on the subject in the era of ubiquitous smartphones.

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