Appeals Court Affirms First Amendment Right to Film Police, Grants Immunity to Arresting Officers
The U.S. Court of Appeals for the 2nd Circuit has issued a ruling affirming the First Amendment right to film police in public, specifically from a public sidewalk outside a police station. This decision stems from a lawsuit filed by Keith Massimino, who was arrested in 2018 for filming the Waterbury, Connecticut police department. While the court recognized Massimino's constitutional right to record law enforcement, it also granted immunity to the officers involved in his arrest. The court reasoned that this right was not 'clearly established' at the time of the incident, a key factor in qualified immunity doctrine. Additionally, the appellate court found that Massimino's actions and refusal to provide identification gave officers reasonable suspicion and probable cause for his arrest, thereby voiding his Fourth Amendment claims. This ruling sets a binding precedent for Connecticut, New York, and Vermont, making the 2nd Circuit the ninth federal circuit to acknowledge this right. 
