Univ. Tenn Law Professor: You can record cops, even in private, restrictions on recording cops violate due process clause.
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.