‘Good Cop, Bad Citizen?’
The March ABA Journal features a story by First Amendment Scholar David L. Hudson Jr. on the controversy surrounding citizens’ recording encounters with police.
The article begins:
“Walking past Boston Common, the city’s august park, in 2007, attorney Simon Glik noticed several police officers arresting a young man. Glik heard another bystander say he thought the police were using excessive force. So he pulled out his cellphone and began shooting video of the incident.
“After arresting the young man, one of the officers turned to Glik, saying, ‘I think you have taken enough pictures.’ When the officer asked Glik whether his audio recorder was on, Glik acknowledged it was. Glik was then arrested for violating a state wiretap law and two other state offenses.
“The charges were subsequently dropped, but for Glik that was just the beginning. He filed a constitutional tort suit alleging violation of his First and Fourth Amendment rights.”