First Amendment Protects Right to Livestream Traffic Stops, Fourth Circuit Says
March 14, 2023
First Amendment
The First Amendment to the United States Constitution guarantees the freedom of speech, which includes the right to record and share video footage of police officers performing their duties in public spaces. In a recent decision, the Fourth Circuit Court of Appeals affirmed that the First Amendment also protects the right to live stream traffic stops.
The case, Fields v. the City of Philadelphia, involved two individuals who were stopped by police officers while driving in Philadelphia. The individuals live-streamed the encounter on Facebook, but the officers told them to stop recording and confiscated one of their phones. The individuals sued the city, claiming that their First and Fourth Amendment rights were violated.
The Fourth Circuit Court of Appeals upheld a lower court’s ruling that the individuals’ First Amendment right to record the police was violated, and that the officers were not entitled to qualified immunity. The court noted that the First Amendment protects not only the right to speak but also the right to receive and impart information and that live streaming is a form of protected speech.
The court also rejected the argument that the officer’s actions were justified by concerns for their safety, noting that the individuals were peaceful and did not interfere with the officer’s duties. The court emphasized that the public has a strong interest in being able to document and share police conduct and that the right to record the police is “essential to holding them accountable and ensuring that they are constitutionally performing their duties.”
Overall, the decision underscores the importance of the First Amendment in protecting the public’s right to document police conduct and provides clear guidance to law enforcement officers that they may not interfere with individuals who are exercising their First Amendment right to record police activity in public spaces.
Officers Say Livestreaming Threatens Their Safety
While the recent decision by the Fourth Circuit Court of Appeals in Fields v. City of Philadelphia affirmed the right to live stream traffic stops as protected by the First Amendment, it is not uncommon for law enforcement officers to express concerns that such live streaming can threaten their safety.
Officers may argue that live streaming could reveal confidential information about the stop, such as the identity of the person being pulled over, their location, or the reason for the stop, potentially compromising the safety of the officer or the person being pulled over. Additionally, officers may worry that live streaming could interfere with their ability to conduct the stop effectively, as individuals recording the encounter may become a distraction or disrupt the officers’ communication with the person being pulled over.
However, it is important to note that safety concerns cannot be used as a blanket justification for interfering with individuals’ First Amendment rights. In the Fields v. City of Philadelphia case, the court rejected the argument that officers’ actions were justified by concerns for their safety, noting that the individuals live streaming the traffic stop were peaceful and did not interfere with the officer’s duties.
Law enforcement officers can address their safety concerns while still respecting individuals’ First Amendment rights. For example, officers could ask individuals to stand at a safe distance while live streaming or could request that they turn off any features on their device that could reveal sensitive information. Ultimately, the right to record police activity in public spaces is an important safeguard against potential abuses of power, and officers must balance their legitimate safety concerns with the need to uphold individuals’ constitutional rights
