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> The states have had no difficulty in specifically making it illegal to record law enforcement, so they understand exceptions. And those laws are running up a
by Dracophoenix 4y ago
> The states have had no difficulty in specifically making it illegal to record law enforcement, so they understand exceptions.
And those laws are running up against the 1st Amendment.
https://www.rcfp.org/secret-recording-ban-ruling/ https://www.rcfp.org/secret-recording-ban-ruling/
While the issue has not yet been delegated to the US Supreme Court, recording laws have been or are being struck down in more states on 1st Amendment grounds.
> You can easily require consent from people while as an institution giving consent for law enforcement to be filmed.
IANAL, but such legislation would be a content-based restriction and, as a result, would be subject to strict scrutiny. Frankly, any such requirement is unlikely to survive strict scrutiny unless it seeks to prohibit currently unprotected expressions (obscenity, incitement to imminent lawless action, etc.). Recording an individual in public isn't one of them.