Court rulings could chill video recording of police

Law360: Video of George Floyd’s death led to nationwide protests and the conviction of a police officer for his murder, but free speech experts worry that two recent court decisions could mean that no one records the next George Floyd — or that they may end up in jail if they do.

The Tenth Circuit ruled in March that Denver police officers are immune from a lawsuit alleging they detained a man and searched his tablet after he video recorded them arresting a suspect. Florida’s Fourth District Court of Appeal in May found in a similar suit that Boynton Beach police were justified when they arrested a mother recording her son’s arrest.

Both decisions sidestepped the issue of whether citizens have a constitutional right to record the police in public, according to experts, who say the courts have generally affirmed such a right.

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