Analysis: you can record cops, even in private

[News]

In the past year, two different appeals courts have ruled that recording the actions of police officers in public places is protected by the First Amendment. A new legal analysis argues that the right to record the actions of law enforcement is also protected by the Constitution's due process clause. This right can apply even in non-public settings.

The paper is written by Glenn Reynolds, best known as the author of the Instapundit blog. He has a day job as a law professor at the University of Tennessee, and he co-authored the paper with attorney John Steakley.

Reynolds and Steakley point to two ways that a right to record interactions with law enforcement officials is implicated by the due process protections of the Fifth Amendment. One is as a check against police misconduct.

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