Filming the Police: The First Amendment Retaliation Claim

With the advent of high powered video cameras in personal cellular phones, police misconduct is increasingly captured on camera. Unfortunately, law enforcement officials often react negatively to being filmed. This section will cover what to do when your client has been the victim of retaliation for filming law enforcement.

This presentation will investigate the First Amendment ramifications of filming the police. This will include a review of how First Amendment retaliation claims operate, what is needed to make a showing of retaliation, and how filming the police fits into the claim.

Learning Objectives: 

1. Understand the elements and practical uses of a First Amendment Retaliation claim, including overcoming qualified immunity defenses
2. Review the state of the law, including which circuits have found a “right to film” to be clearly established
3. Explain suggested strategies to argue that filming the police is a traditionally First Amendment protected activity