Apparently you do not have a First Amendment right to photograph the police in Pennsylvania. Unless you do a little jig.

February 22, 2016

This could be a significant blow to the First Amendment, as apparently videotaping the police is not protected speech in Pennsylvania. Unless, of course, you also decide to yell at them or do a jig at the same time.

I wish I were joking, but I’m not…

Two cases before the United States District Court, Eastern District of Pennsylvania, were recently consolidated into one for the purpose of determiningΒ “whether photographing or filming police on our portable devices without challenging police is expressive conduct protected by the First Amendment.”

This isΒ the trial court’s entire opinion, if you want to read the decision in its entirety.

The underlying facts are simple:

In the first case,Β Temple University student Richard Fields wasΒ standing on the sidewalk. There were 20 police officers standing outside a house party. Fields thought it was worth photographing for whatever reason. The police officer asked FieldsΒ to leave and stop taking pictures. FieldsΒ refusedΒ and continuedΒ to film. The police officer then tookΒ his phone and arrestedΒ him. FieldsΒ wasn’t taping the matter to protest the police or anything like that. He simply felt like recording it, maybe to put on Facebook, Instragram, or Philly Law Blog (holla!). The student did not claim to be protesting the police (or the house party for that matter), but merely recording the event.

In the second case,Β Amanda Geraci was at a protest.Β During the protest, the Philadelphia police arrested one of the protestors. Geraci moved closer to get a better view and hoped to videotape the incident. Geraci claims Officer Brown “attacked her” by physically restraining her against a pillar and preventing her from videotaping the arrest. GeraciΒ claims that “I was just legal observing.”

Both sued the Philadelphia PoliceΒ Department under 42 U.S.C. Β§1983 for First Amendment Retaliation.

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