The First Circuit Court of Appeals Finds in Favor of Citizen Media

The First Circuit United States Court of Appeals on Friday ruled in favor of the United States Constitution in regards to a Massachusetts man arrested for his recording three Boston police officers that were arresting another individual.

On October 1, 2007, Simon Glik was taken into custody and charged for recording an incident in which he states there was evidence of police brutality. On being approached by one of the arresting officers with the statement, "I think you have taken enough pictures." Glik replied, "I am recording this. I saw you punch him." When asked, Glik did affirm that along with video, his device also captured audio and was immediately arrested for the unlawful audio recording in violation of Massachusetts' wiretap statute, disturbing the peace, and aiding in the escape of a prisoner, which was later dropped for lack of probable cause.

Four months later the Boston Municipal Court disposed of the remaining two charges citing the, "officers were unhappy they were being recorded during an arrest... does not make a lawful exercise of a First Amendment right a crime." The court also found no supporting evidence for the wiretapping charge as Glik did openly admit to, and "had used his cell phone openly and in plain view."

In February 2010 Glik filed a civil rights action against the officers and the City of Boston in the United States District Court for violations of his First and Fourth Amendment rights, and for malicious prosecution under the Massachusetts Civil Rights Act. The defendants moved to dismiss the case citing that the officers were entitled to qualified immunity, "because it is not well-settled that he had a constitutional right to record the officers." Their motion was orally denied when the court affirmed the right of citizens to publicly record the activities of police officers on public business as being established.

This is a very important ruling for everyone. Know your rights, and read the decision of The First Circuit United States Court of Appeals.