SCOTUS declines to hear Denver case involving First Amendment right to record police

Colorado Politics: The nation’s highest court will not review a lower court decision finding Denver police officers deserved immunity for allegedly retaliating against a man recording an act of brutality — despite being trained about the First Amendment rights of bystanders.

The U.S. Supreme Court’s announcement on Monday lets stand a decision of the U.S. Court of Appeals for the 10th Circuit that civil liberties and First Amendment advocates decried for its deleterious effects on police accountability. Not only did the 10th Circuit determine that officers could receive immunity for going against their own training, but the court refused to say whether the First Amendment guarantees the right to record police in public.

“This confirms that the Supreme Court is simply not interested in reconsidering any aspect of qualified immunity,” said Jay Schweikert, a research fellow with the Cato Institute’s Project on Criminal Justice.

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