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It stated affirmatively that the act of recording police officers was protected by the First Amendment. Unfortunately, it said there was no way these officers could have known that and granted them qualified immunity. That’s where this appeal to the nation’s top court begins. But the Institute of Justice isn’t just asking for a reversal of immunity. It wants what will make this reversal possible (although not likely, given the circumstances): an affirmative declaration from the Supreme Court that recording police officers is protected by the Constitution.
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For some reason, the Supreme Court has yet to deliver a definitive ruling on the matter. This reconciliation is long overdue. It’s hardly even a matter of debate. Recording public officials is something that definitely serves the public interest, even if these officials would beg to disagree to the point of having someone arrested. The Supreme Court is being given another chance to set nationwide precedent and settle this matter completely. Given its reluctance to draw bright lines when it comes to cops, we’ll continue to hold our breath and applause until the dispensation arrives. The Institute for Justice has filed a brief [PDF] siding with Dijon Sharpe in his lawsuit against the Winterville (North Carolina) police department.
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