Photographing Police is Free Speech in the USA

Photographing Police: What Happens When the Police Think Your Phone Holds Evidence of a Crime?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:27am

The Washington, DC chief of police on Friday issued a new “General Order” to members of the police department on “Video Recording, Photographing, and Audio Recording of Metropolitan Police Department Members by the Public.” The order, which was part of the settlement of an ACLU lawsuit, includes some very interesting, groundbreaking provisions.

The order reminds police officers in Washington that:

•    Still and video photography “of places, buildings, structures and events are common and lawful activities.”

•    “A bystander has the right under the First Amendment to observe and record members [of the police force] in the public discharge of their duties.”

•    “A bystander has the same right to take photographs or make records as a member of the media” as long as the bystander has a right to be where he or she is.

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