A U.S. appeals court established for the first time that livestreaming police encounters is free speech protected by the U.S. Constitution, but the court also made clear that law enforcement interests can easily overcome that right in some circumstances.
Sharpe, who is Black, told me he began streaming to protect himself because the stop seemed unusual -- he had noticed police following them for some time, and they hadn't committed any apparent traffic violations. He claimed to have been the victim of excessive police force a year earlier. And Sharpe had grown up hearing about how police and the courts had unjustly incarcerated a family member for the high-profile murder of a white man.
“I feel great that my case is being heard and that it can be referenced” as precedent “for livestreaming police officers,” Sharpe said. He added that he was unsatisfied with how the court approached the questions in his case.On balance, the decision makes clear that Americans have an expansive First Amendment right to record and publish law enforcement activity.
The legal distinction between livestreaming and recording traffic stops isn’t particularly thorny, at least for the two appeals courts that have ruled on it.the constitutional protections for documenting police activity in that manner are “self-evident.”
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