Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
Is it legal to film a police officer without permission?
Thursday, July 30, 2020
By Allegra Taylor
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YES
Courts in the U.S. generally agree that the First Amendment protects an individual’s right to record police officers in public while they’re performing their duties.
This right doesn’t extend to circumstances where the act of recording interferes with the officer’s ability to make an arrest or investigate a crime, or if the individual recording is committing a crime such as stalking.
The right to record an officer is also restricted by certain state laws that prohibit recording audio of someone without their knowledge. These wiretap laws vary by state, however they usually don’t apply to police encounters in public spaces or in cases where the recording device is clearly visible.
This fact brief is responsive to conversations such as this one.
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ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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