Looking for a Client for Right-to-Record-Police-Officers Case:

My friend Michael Rosman at the Center for Individual Rights writes:

Like many of your readers, I was intrigued by your recent post concerning the conviction of individuals for taping or videotaping police officers while the officers are doing their job in public. Some of your readers thought that there may be some federal constitutional problem in laws that make such tapings illegal. My employer, the Center for Individual Rights, is interested in possibly representing individuals who want to challenge such laws as a violation of constitutional rights.

Ideally, a potential client would be a person or organization that legitimately is concerned about being arrested for taping police officers, or who would engage in that conduct were it not for a law making it illegal. Obviously, it would have to be in a state where the law makes that concern reasonable. (Your post referred to Massachusetts. We believe that Pennsylvania may be another such state, although the law there is more in flux.) Someone who has already gotten in trouble for violating such a law is fine, but we would not be the best lawyers to represent someone currently involved in an ongoing criminal or civil proceeding in state court.

If any of your readers are among those who would like to challenge a law of this kind, or can help us identify the states where such laws exist by giving us cites to relevant statutes or cases, (s)he can email me at rosman [at]

UPDATE: Two interesting surveillance-related items in this post, including a Popular Mechanics piece from Prof. Glenn Reynolds (InstaPundit) on the subject.

Related Posts (on one page):

  1. Looking for a Client for Right-to-Record-Police-Officers Case:
  2. Surreptitious Recording of the Police:
  3. The Dark Side of Privacy Law:
Do a google search for Brett Darrow. He's a kid from MO. I can't figure out how to link, but take out the spaces: 09/12/chetry.kid.pulled.over.dashcam.cnn
12.17.2007 2:11pm
Waldensian (mail):
Well, if they do bring a case in PA, I hope the opposing lawyer isn't smart enough to find this post. After all, the CIR has now acknowledged that PA might be a tough place to bring such a claim.
12.17.2007 4:29pm
Am I missing something here? Why not see if Peter Lowney, the defendant in the Massachusetts case, is interested in a federal appeal?
12.17.2007 6:47pm
Truth Seeker:
This reminds me I need to write these guys a check before the end of the year. A much better cause than many charities out there. And they really do make the country a better place.
12.18.2007 12:36am
PfP - he's not the greatest appellant ever.

FWIW, I live in MA and routinely record my conversations with the police. The result - all of them have been exemplary in their professionalism (and I deleted the recordings shortly thereafter).

I was toying around with putting a "All conversations subject to recording" decal on my car window somewhere but never got around to it.
12.18.2007 12:37pm