Tom Wilkinson and Matthew Glazer, both members of Cozen O'Connor's Commercial Litigation department, discuss photographing police in public places in the Villanova Law Review. A recent federal court decision in Philadelphia concluded that members of the public have no constitutional right to photograph or videotape police activity, including during public protests and when making arrests. In a ruling that has received national attention, the U.S. District Court for the Eastern District of Pennsylvania determined that citizens do not possess a First Amendment right to photograph or video police activity “absent any criticism or challenge to police conduct.” Instead, the court found that the act of simply recording police activity is not the type of “expressive conduct” protected by the First Amendment.
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