Take a look at this Radley Balko column in the Washington Post:
Journalism student Coulter Loeb tried to photograph Philadelphia police officer George Gaspar Jr. as the latter tried to shoo an overnight camper from the city’s Rittenhouse Square. Gaspar claims Loeb interfered with his duties as a police officer, so he arrested Loeb, cuffed him and charged him with disorderly conduct. Loeb sued, claiming that the arrest violated his First and Fourth Amendment rights.
Despite the fact that every court to rule on the matter has now determined that there is a First Amendment right to record on-duty police, and that according to the American Civil Liberties Union, Philadelphia police have a history of wrongful arrests in this area, U.S. District Court Judge William H. Yohn Jr. dismissed Loeb’s free-speech claim this year, finding that such a right isn’t yet clearly established in the Third District. (Welcome to the…
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