In the first federal case in which photographing or filming cops was not deemed protected by the First Amendment, a Pennsylvania district court judge ruled against two people who were arrested while attempting to record police activity. One of the two plaintiffs took a photo of a group of officers outside a house party, and the other filmed cops arresting fracking protesters.
Judge Mark Kearney determined that because they were documenting cops "without any challenge or criticism," the plaintiffs were not engaging in "expressive conduct" and thus do not receive First Amendment protection. If the plaintiff at the protest had yelled some anti-police expletive while filming the demonstrators' arrest, Kearney's argument suggests, that would have put her into a protected category that her silence denies her.
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