Harris

Abstract

This essay covers the first amendment right to record a police officer. It explains

and justifies how this first amendment right is constitutional. There are multiple examples

of police brutality and events where police do not hold themselves accountable. When

there is a system to hold police accountable, there would be body-worn cameras. This too

has its flaws, but the most common form of evidence today is civilian and bystander

recording.
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INTRODUCTION

The first amendment protects our right of freedom of speech, of the press; peaceably to

assemble, and to petition the Government for a redress of grievances. In 2020 many people

throughout the nation gathered together in protest against the brutal and unjust murder of George

Floyd. The fatal event was recorded exposing the situation because of bystanders and security

cameras. The recording shows Minneapolis police officers had Mr. Floyd was unconscious and

pinned beneath three police officers, showing no signs of life. The Minneapolis Police officers

were taking a series of actions that were not following the policies of the Minneapolis Police

Department, and the series of events caused the death of George Floyd, although bystanders

continuously called out for help, the officers ignored (Tiefenthäler, Triebert, Willis, & Stein, R

2022). Those recording the event practice their first amendment right of the press. The legal

definition of freedom of the press; is the right to publish and disseminate information, thoughts,

and opinions without restraint or censorship as guaranteed under the first amendment to the U.S

Constitution (Webster 2022).

The evolution and advancement of technology have allowed citizens to become reporters.

Now that mobile devices can record audio, record video, and also broadcast live, expands the

possibilities of policing the police. Now with technology, you reach the mass potential of the

audience within a matter of seconds. You would not have to get it approved through a publisher

or news company, you can simply upload it with a simple social media account. Social media

sites such as Instagram, Facebook, Twitter, Youtube, and Tik Tok can go live with a simple
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press of a tab. There are many instances where citizens are pulled over by police and decide to

broadcast live the interactions with the officers for their safety.

BODY-CAMERA V. CIVILIAN RECORDING

Throughout the years there have been many encounters of injustice between police and

citizen interactions. A prevalent problem is Police misconduct which in many cases leads to

wrongful convictions. This has become such a fatal error that there have been reforms generated

by this concern that is predicated in part on the views of justice system participants (Smith,

Zalman, & Kiger 2009). How can police be monitored and supervised consistently? Body-worn

cameras represent mobility of video surveillance, which tended to be stationary. Body-worn

cameras were slowly implemented in public policy organizations in Europe, the United States,

Canada, Australia, and elsewhere for years (Smith, Zalman, & Kiger 2009).

In 2014, the events in Ferguson, Missouri, led to greater public awareness and political

considerations of body-worn devices as a solution to poor police accountability (Lippert and

Newell). In 2014 Darren Wilson killed African American teenager Micheal Brown. Wilson

claimed he fired in self-defense as Brown charged him, which Micheal Brown's friend Dorian

Johnson denied. A witness claimed that Wilson warned Brown he would open fire, and that

Brown responded with " Don't shoot ! " before he was killed. Due to the killing of 18-year-old

Brown protests and riots ensue in Ferguson and soon spread across the country (History.com

Editors, 2021).
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Even U.S President Barack Obama showed support and promised to fund the distribution

of the body-worn camera in police departments across the United States (Lippert and Nowell

2016). The Ferguson event is just one of many examples that police wearing body cameras could

have prevented, or at least cleared up. Due to some cases where eyewitness accounts are not

reliable, federal legislation should require all states to require all law enforcement to use body

cameras (Nunes 2015). Overall, claims of police misconduct have increased greatly throughout

the United States of America. This means that body cameras and civilian recordings should show

value in capturing incidents on camera.

In Mississippi, a detention officer continuously beat Jessie Lee Williams. This event

caused Mr. Williams to suffer from brain trauma, which then he later died from the injuries

(Nunes 2015). Security cameras were capturing the treacherous event that had occurred. Video

recording is the strongest evidence to prove that law enforcement must be responsible for non-

civil actions and misconduct. Recordings or surveillance of any kind are required to keep police

officers accountable.

Filming officers is not directed under the first amendment. Recording police officers also

hold police accountable, but also a method of power transfer from police officers to the

populations that they police(Simison 2016). This means that once a civilian pulls out their phone

and starts recording, it allows them to have equal control of the situation at hand. Instead of

complete submission to an officer. Recording the actions and activities of police officers in the

performance of their public duties is a form of speech through which individuals may gather and

disseminate information of public concern (Simison 2016). There

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There seems to be a multitude of injustices when police are not held accountable for

certain duties and policies they do not abide by. Such as wearing and turning on their body-worn

cameras whenever they are on duty. These are examples, where body-worn cameras do not hold

police officers accountable. Pharrell Williams, a Grammy award-winning producer, pulled his

popular Something in the water festival in Virginia Beach after a police officer fatally shot his

cousin earlier in the 2021 year (Yang 2021). In March 2021, a Virginia Beach police officer

fatally shot Pharrell William's 25-year-old cousin Donovan Lynch, along with Deshayla Harris,

29, and injured eight others. The two Virginia Beach police officers who were present at the

scene did not have their body cameras turned on (Yang 2021).

Instead of Virginia Beach investigating and having proper justice for Donovan Lynch

and Deshayala Harris; they expressed continuous concern of why Parallel decided to pull the

Something in the water festival. Pharrell responded by voicing his opinion and views on the

matter, " "When we did the festival, it was to ease racial tension, to unify the region, and to bring

about economic development opportunities … I love my city, but for far too long it has been run

by – and – with toxic energy." (Yang 2021) . The city said "the city said Lynch, who was Black,

pointed a gun at the officer who shot him. The officer, who also is Black, feared for his life and

the lives of other officers and citizens in the vicinity" (Yang 2021). There are no witnesses of the

occurring incident except for the claim made by the officer of said situation. If the police

officer's body camera was turned on there would be further evidence and show proper

accountability.
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Conclusion

The First Amendment right to record police officers is rightfully constitutional.

The support of body-worn cameras is to help hold police officers accountable. Civilians' rights to

record officers are to make police officers civil. There are many errors in the justice system,

especially when it comes to holding police. There is a multitude of instances and cases where

police officers are involved in episodes of police brutality. Many of these cases were not

recorded or used by eyewitnesses to rightfully justify court decisions. Due to the evolution of

social use, there have been many police brutalities and wrongful conventions that have been

caught recorded by bystanders or those that are involved in the episode.

Social media sites such as Facebook, Twitter, Instagram, etc have brought light to the

injustice that happens throughout the country. A nationwide outcry caused by the murder of

George Floyd that was recorded by surrounding civilians was soon viral throughout all social

platforms, tv networks, and radio programs. The murder of Mr. Floyd by Minneapolis police

officers developed proper justice due to the nation's outrage. The exposure through social media

of police brutality and injustice has proven that recording officers as a first amendment right is

highly constitutional.

Situations where police officers, turn off their body camera shows that officers do not

hold themselves accountable even with such systematic gear. An example is the murder of

Donavan Lynch in Virginia Beach by a Virginia Beach police officer. The officer had their body

camera off and the only statement to justify the case was the officer's words. If there was a

civilian recording the situation this could establish a justifiable cause. Who will hold officers

accountable, the justice system, or civilians who practice their first amendment rights?
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Work Cited

Smith, B., Zalman, M., & Kiger, A. (2009). How justice system officials view wrongful

convictions. Crime & Delinquency, 57(5), 663–685.

https://doi.org/10.1177/0011128709335020

Merriam-Webster. (n.d.). Freedom of the press. In Merriam-Webster.com dictionary.

Retrieved February 20, 2022, from https://www.merriam-webster.com/dictionary/freedom

%20of%20the%20press

Hill, E., Tiefenthäler, A., Triebert, C., Jordan, D., Willis, H., & Stein, R. (2022, January

24). How George Floyd Was Killed in Police Custody. The New York Times.

https://www.nytimes.com/2020/05/31/us/george-floyd-investigation.html

Lippert, Randy K., and Bryce Clayton Newell. 2016. Debate Introduction: The Privacy and

Surveillance Implications of Police Body Cameras. Surveillance & Society 14(1): 113-116.

Kedhar, A. (2014). ‘Hands Up! Don’t Shoot!’: Gesture, Choreography, and Protest in

Ferguson. The Feminist Wire, 6.

History.com Editors. (2021, August 9). Michael Brown is killed by a police officer in

Ferguson, Missouri. HISTORY. https://www.history.com/this-day-in-history/michael-

brown-killed-by-police-ferguson-mo

Simonson, J. (2016). Beyond Body Cameras: Defending a Robust Right to Record the

Police.
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Yang, M. (2021, October 6). Pharrell Williams pulls festival from Virginia Beach over

cousin’s killing. The Guardian.

https://www.theguardian.com/us-news/2021/oct/06/pharrell-williams-festival-virginia-

beach-police-shooting

Nunes, I. S. (2015). Hands up, don't shoot Police misconduct and the need for body

cameras. Fla. L. Rev., 67, 1811.