On Friday, July 7, the United States Court of Appeals for the Third Circuit concluded that photographing, filming, or otherwise recording police activity in public “falls squarely within the First Amendment right of access to information.” With this holding, the Third Circuit joined the “growing consensus,” of the Circuit Courts of Appeal: the First, Fifth, Seventh, Ninth and Eleventh Circuits have previously reached the same conclusion.
In Fields v. City of Philadelphia, No. 16-1650 (3d Cir. July 7, 2017), the Court addressed the claims of two plaintiffs. The first, Amanda Geraci, filmed police arresting a protester at a 2012 anti-fracking protest in Philadelphia. After she began filming, an officer pinned her against a wall, preventing her from recording the arrest. The second, Richard Fields, used his iPhone to take a photograph of police breaking up a 2013 party. An officer saw Fields taking a photograph and arrested him, issuing Fields a citation. Neither Fields nor Geraci interfered with the police.