SUMMARY
A federal appeals court has affirmed that the First Amendment protects individuals filming publicly visible police activity from public spaces. The ruling in Massimino v. Benoit aligns the Second Circuit with eight other federal appeals courts recognizing this right. Despite finding that officers violated the plaintiff's First Amendment rights by arresting him for filming a police station, the court granted the officers qualified immunity because the right was not clearly established in the Second Circuit at the time of the incident. This decision clarifies the legal landscape for recording law enforcement, though qualified immunity continues to shield officers from damages in such cases.
TAKEAWAYS
First Amendment protects filming police activity in public.
Second Circuit joins eight other federal appeals courts on this issue.
Officers were granted qualified immunity despite violating the right.
Ruling clarifies future legal standing for recording law enforcement.