Thursday, May 3, 2012
Glenn Harlan Reynolds (pictured) and John A. Steakley (University of Tennessee College of Law and affiliation not provided to SSRN) have posted A Due Process Right to Record the Police (Washington University Law Review, Vol. 89, No. XXX, 2012) on SSRN. Here is the abstract:
There has been considerable discussion of citizens' First Amendment right to record the police. This essay, however, argues that independent of any First Amendment right, there is also a due process right to record the actions of law enforcement, and that this right applies even when the interaction takes place in private, and not in public places. This question of a due process right to record the police has not yet produced the degree of attention and litigation that public recording has, but the growth of inexpensive recording equipment and its inclusion in smart phones ensures that such attention and litigation are sure to be forthcoming.