Over the course of the last few years, reports of police officers who have abused their authority or used excessive force have skyrocketed. In large part, this increase is due to the prevalence of social media in today’s society as well as the fact that most people have a cell phone that contains a camera. But this raises the question of whether it is legal to record police officers.
Openly recording police officers has long been a protected right, so long as doing so does not interfere with an officer’s ability to carry out their official duties. However, under the Massachusetts wiretapping statute, the secret recording of police officers has been prohibited until recently when a federal judge issued a ruling protecting citizens’ right to record police secretly.
Massachusetts Judge Holds First Amendment Protects Those Who Secretly Record Police Officers
Earlier this month, a federal appellate court handed down an important decision upholding a citizen’s right to secretly record law enforcement officials. The decision was based on the citizens’ rights under the First Amendment to the United States Constitution. According to a news report covering the recent opinion, the court issued the opinion after consolidating two cases. The first case involved two Boston activists who regularly openly recorded police interactions with the public.