Check out this article in the ABA Journal.
The article discusses several pending court cases that address the issue of people recording officers with their cell phones. Our firm is handling the case Glik v. Cunniffe, which went to the First Circuit Court of Appeals in August 2011. The First Circuit ruled that the officers violated Glik’s clearly established constitutional right to record police performing their duties in public.
The ABA Journal article quotes attorney David Milton: “What is so good about the 1st Circuit decision in Glik is that the judges recognized that even though there may not be a prior case of a police officer in a park with a person on a cellphone, basic long-standing First Amendment principles clearly apply to the situation even though it involves new technology.”