ACLU-MS to Law Enforcement: Protect Citizens' Right to Record Actions of Public Officials

FOR IMMEDIATE RELEASE

CONTACT: Jennifer Riley-Collins, ACLU of Mississippi, 601-354-3408; jriley-collins@aclu-ms.org

JACKSON, Miss – Highlighting recent events in Ferguson, Missouri and following the model set by the U.S. Department of Justice (DOJ) in an unprecedented legal statement on citizens’ rights to record police actions, the American Civil Liberties Union (ACLU) of Mississippi is contacting local law enforcement agencies throughout Mississippi, urging them to establish clear policies and training to ensure that officers conform to the Constitution they are sworn to protect. The ACLU of Mississippi hopes that by sharing information with Mississippi law enforcement officials about best practices the organization can assist police in heading off problems and protecting the rights of citizens as well as public safety.

“Taking photographs and videos of things that are plainly visible from public spaces is your constitutional right. That includes police and other government officials carrying out their duties,” said ACLU of Mississippi Legal Director, Charles Irvin. “Unfortunately, law enforcement officers often order people to stop taking photographs or video in public places, and sometimes harass, detain or even arrest people who use their cameras or cell phone recording devices in public. We urge Mississippi’s law enforcement agencies to join with us and to conduct embrace policies in line with DOJ guidance which protect this right.”

Given the conflicts over recording that continue to arise despite the enormous attention this issue is receiving across the country, the ACLU of Mississippi urges that now is the time for Mississippi police departments to review and modify their internal policies and training programs to ensure protection of the rights of citizen journalists.

The Department of Justice specifically recommends that police policies do the following:

• Affirmatively set forth the First Amendment right to record police activity;
• Describe the range of prohibited police responses to individuals observing or recording the police;
• Clearly describe when an individual’s actions amount to interference with police duties;
• Provide clear guidance on the necessity of supervisory review of any proposed action to be taken by officers against an individual who is recording police;
• Describe the narrow circumstances under which it is permissible for officers to seize recordings and recording devices; and
• Indicate that no higher burden be placed on individuals exercising their right to record police activity than that placed on members of the press.

Read the letter to law enforcement agencies.

Learn more about the right to record.