In a February 2016 decision, a federal judge broke from all the other courts in the country that had acknowledged a First Amendment right to record the police. The judge essentially held that people who don’t announce that they oppose what police officers are doing don’t have the right to observe and photograph those officers. (Here’s the opinion, and here’s our post on it.)

In July of 2017, though, a panel from the U.S. Third Circuit Court of Appeals reversed that federal judge. The court unequivocally endorsed the position that so many others had taken—that there is a First Amendment right to record police activity in public. Noting that “[e]very Circuit Court of Appeals to address this issue (First, Fifth, Seventh, Ninth, and Eleventh)” had agreed with the proposition, the court reiterated what’s becoming an increasingly clear principle of law:

“[T]he First Amendment protects the act of photographing, filming, or otherwise recording police officers conducting their official duties in public.” (Fields v. City of Philadelphia, No. 16-1650 (3d Cir. 2017).)