EFF to Tenth Circuit: First Amendment Protects Right to Record Police

The First Amendment protects the public’s right to use electronic devices to record on-duty police officers, EFF argued in an amicus brief filed in the U.S. Court of Appeals for the Tenth Circuit. The case, Frasier v. Evans, was brought by Levi Frasier against five Denver police officers for interfering with his First Amendment right to record them while arresting another man. EFF’s amicus brief argues that people frequently use modern electronic devices to record and share photos and videos, especially on social media. These often include newsworthy recordings of fatal police shootings and other police misconduct. Such recordings facilitate police accountability and enhance the public discussion about police use of force and racial disparities in our criminal justice system. The facts of this case demonstrate why protecting the right to record police officers is essential to local journalism and civilian oversight of police activity. Frasier recorded Denver…

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