Judge: Photographing Pa. police not always protected by First Amendment

<img src="http://twt-thumbs.washtimes.com/media/image/2016/02/24/Chicago_Police.JP... align="right" width="300">Photographing police activity without “any stated purpose of being critical of the government” isn’t constitutionally protected, a federal judge in Philadelphia has ruled.

In a 21-page decision put out Friday by the U.S. District Court for the Eastern District of Pennsylvania, District Judge Mark Kearney dismissed First Amendment retaliation claims filed against the city of Philadelphia by two individuals who had been restrained while filming police in action.

Plaintiffs Amanda Geraci and Richard Fields alleged in a consolidated lawsuit that police infringed upon their right to free press and free speech during two separate incidents.
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Ms. Geraci, a self-described “legal observer,” claimed she was physically restrained in 2012 while recording city police arresting demonstrators at a fracking protest, and Mr. Fields, a Temple University student, said he was detained and placed in a police van after attempting to take a photo of approximately 20 officers outside of a house party in 2014.

Judge Kearney, an appointee of President Obama, wrote that the court “instinctively understand[s]” the plaintiffs’ argument but found “no basis to craft a new First Amendment right based solely on ‘observing and recording’ without expressive conduct.”

Read more: <a href="http://www.washingtontimes.com/news/2016/feb/24/photographing-police-not... police not always protected by First Amendment, judge rules - Washington Times</a>