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2 - Copwatching and the Right to Record

from Part I - Toutveillance Power and Police Control

Published online by Cambridge University Press:  03 May 2019

Mary D. Fan
Affiliation:
University of Washington
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Summary

Bystanders and organized copwatch groups are increasingly wielding cell phone cameras to document and protest police activities, raising important questions about the right to record the police. People who record the police have risked retaliation and argued that they were arrested in violation of their First Amendment rights to record. The risk of arrest for recording the police is particularly acute in states with "two-party consent" wiretap laws that require the consent of all parties to a conversation before a recording. Other people who record the police have faced arrest and prosecution under broad amorphous legal provisions such as obstruction or disorderly conduct. The chapter's analysis is illustrated by stories of cases where people have been arrested and even prosecuted for recording the police. Despite these risks, there is a growing recognition of the First Amendment right to record the police by the courts. Moreover, a new generation of officers are growing accustomed to doing their job on camera in an era saturated with cell phone cameras, Facebook live, and YouTube videos. As people increasingly record officers, departments are under pressure to release their own videos from the officer's perspective in the race to manage public perceptions.
Type
Chapter
Information
Camera Power
Proof, Policing, Privacy, and Audiovisual Big Data
, pp. 59 - 81
Publisher: Cambridge University Press
Print publication year: 2019

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