It鈥檚 been almost two years since we posted our 鈥滽now Your Rights鈥 Guide for Photographers, began calling attention to the problem of police harassment of photographers (including through this video), and began blogging about the issue. And several years before that, our affiliates around the country had already begun filing what have become numerous lawsuits on the issue.
It鈥檚 also been nearly two years since the First Circuit Court of Appeals that the right to film police officers is protected by the First Amendment and that, moreover, that principle is so 鈥渇undamental and virtually self-evident鈥 that it should have been known to the police even before the court鈥檚 ruling. That ruling was only the most prominent鈥攃ourts around the country have been pretty much unanimous in finding such a right.
Yet the problem persists.
As Carlos Miller documents on his invaluable site , incidents of police harassment of photographers (and worse) continue to take place around the country on a daily or near-daily basis.
Why is it so hard for police officers to learn the law? We have seen settlements in some cities in which police department management has sent clear messages to their officers instructing them on the law, but in many cities, not enough has been done to train officers and/or enforce requirements that they abide by the Constitution.
As citizens prepare to gather this Fourth of July for rallies to restore the Fourth Amendment, let鈥檚 hope that this First Amendment right is respected as well.