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Document Type

Article

Media Type

Text

Abstract

In 2011 and 2012, two circuit courts of appeals held that there exists a positive First Amendment liberty to record police officers in the public performance of their official duties. The opinions represent a swift response to the hundreds of arrests of ordinary citizens for filming police that have received national and local publicity in recent years. After a recitation of the two opinions, Glik v. Cunniffe and ACLU of Illinois v. Alvarez, this Article discusses four unresolved questions that remain: (1) Will future courts that have not addressed the issue be persuaded by Judge Richard A. Posner's dissent in Alvarez?; (2) Which constitutional standard of review will future courts apply to laws that infringe the right?; (3) Is surreptitious recording of police in the public exercise of their duties protected from punishment by the First Amendment, or only open recordation?; and (4) In other jurisdictions, are officers entitled to qualified immunity from civil liability for arrests of recorders of public police activity.

First Page

485

Last Page

536

Publication Date

6-1-2013

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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