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The 8th Circuit ruled on the case but not on the right to record police in public. On 8/2/16 the lower federal court only found that the plaintiff "has no const
by nppalawyer 9y ago
The 8th Circuit ruled on the case but not on the right to record police in public. On 8/2/16 the lower federal court only found that the plaintiff "has no constitutional right to videotape any public proceedings he wishes to." She also cited a 2004 8th Circuit case holding that “Neither the public nor the media has a First Amendment right to videotape, photograph, or make audio recordings of government proceedings that are by law open to the public." This is far different from the right to record outside in a traditionally public forum (street or park) and only applies to the jurisdiction of the federal trial court not the full 8th Circuit. Akins is now seeking an en banc review or motion for rehearing of the 7/25/27 8th Circuit ruling which basically dealt with affirming the lower court's decision to grant summary judgment to the defendants and also affirming the denial by the trial court judge of the motion for her to recuse herself from the case. The First, Third, Fifth, Seventh, Ninth and Eleventh Circuits have all ruled that the right to record police officers performing their official duties in a public palace is clearly established which will negate a claim of qualified immunity by police.