Right to Record Police Cases
4 cases in the library
The Fifth Circuit held in Turner v. Driver that the First Amendment protects the right to record police in public, subject to reasonable time, place, and manner restrictions, and that the right is clearly established going forward. Arrests for filming still turn on whether the officer had probable cause for some other offense, such as interference or obstruction. These cases show how that fight plays out.
Cases, newest first
Bailey v. Ramos
No. 23-50185 (5th Cir. 2025) · Jan 10, 2025
Officer was entitled to qualified immunity on unlawful arrest, seizure, First Amendment retaliation, and excessive force claims where plaintiff went to downtown San Antonio specifically to confront police and the officer had arguable probable cause for the arrest.
Buehler v. Dear
No. 20-50822 (5th Cir. 2022) · Mar 3, 2022
Officers were entitled to qualified immunity on a police-accountability activist's false arrest and excessive force claims arising from his arrest while filming police on a crowded street, but genuine disputes of material fact precluded summary judgment on certain excessive force claims.
Turner v. Driver
848 F.3d 678 (5th Cir. 2017) · Feb 16, 2017
The First Amendment protects the right to record the police, subject only to reasonable time, place, and manner restrictions — and this right is clearly established going forward in the Fifth Circuit.
New York Times Co. v. Sullivan
376 U.S. 254 (1964) · Mar 9, 1964
A public official cannot recover damages for defamatory falsehood relating to official conduct unless the statement was made with 'actual malice' — knowledge that it was false or reckless disregard of whether it was false or not.
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