The First Amendment Violates The Freedom Of Speech Or The Press
The First Amendment guarantees that congress shall make no law abridging the freedom of speech or of the press. U.S. CONST. amend. I. The courts have heeded the First Amendment’s underlying values in order to determine whether or not recording police officers is a freedom of speech or of the press and have answered in the affirmative; they have firmly established that the First Amendment extends further and encompasses a range of conduct related to receiving information and ideas. Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011). The Supreme Court has observed that the First Amendment protects the right to gather news from any source by means within the law. Id.
The right to gather news from a source is not limited to news media personnel. The courts have recognized that the advances in technology have made the distinction between private citizen and journalist exceedingly difficult. Id at 84. Because so many bystanders are readily accessible to recording devices, the news-gathering protections of the First Amendment are not dependent on professional credentials or status. See Garcia v. Montgomery Cnty., 2015 U.S. Dist. LEXIS 151059, *23 (D. Md. Nov. 5, 2015) (stating that the Supreme Court has made clear the journalist and citizens alike have a right to video record police officers). Therefore, a private citizen’s news-gathering right is protected by the First Amendment.
Through a variety of cases, it has been established that there is a right to record…