Massachusetts admits you have a First Amendment right to video record police

The City of Boston was forced to pay attorney Simon Glik $170,000 after he was arrested for using his cell phone to video record Boston’s finest make an arrest.  Glik, a criminal defense attorney, felt that the officers were using excessive force.

Ultimately, prosecutors dropped all charges against Glik.

The U.S. Court of Appeals for the First Circuit held that Glik had a First Amendment right to record the arrest, and that the police should have known that it was illegal to arrest him for recording him, thus making them liable.

The First Circuit covers Massachusetts, New Hampshire, Maine, Rhode Island and Puerto Rico.  Since those of us who live in the Chicago area are in the Seventh Circuit, this ruling does not apply here.  However, it is in line with the recent rulings of Circuit Court Judges in Cook and Crawford Counties.

Thanks to Maryland attorney David Benowitz for notifying me about this story.

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