BOSTON - In a far-reaching decision that extends to anyone in Massachusetts with access to a video camera, the U.S. Court of Appeals last week ruled the public has a right to videotape police in public as long they do so peacefully and do not interfere with the officers' work.

The decision on Friday by the court upheld the rights of a Boston attorney, Simon Glik, who was arrested in 2007 for videotaping Boston police arresting someone in the Boston Common.

Glik was arrested and charged with disturbing the peace, aiding in the escape of a prisoner, and for violating the state’s anti-wire tapping law by recording audio of the arrest along with video footage.

The wire-tapping law requires people obtain permission from people before they can record audio.

The charges were later dismissed, but Glik filed suit, claiming his rights under the First and Fourth amendments were violated.

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The unanimous ruling from the court ruled that “Glik was exercising clearly established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause.”

The decision was hailed by the American Civil Liberties Union.

Staff attorney Sarah Wunsch for the Massachusetts ACLU said "This is a resounding victory for the First Amendment right to openly record police officers carrying out their duties in a public place."

“It will be influential around the county in other cases where people have bee arrested for videotaping the conduct of police,” she said.

The issue of videotaping police became a topic for discussion recently in Springfield when Tyrisha Greene, the woman who recorded the Nov. 29, 2009 video of police beating Melvin Jones IIIduring a drug arrest, found herself subject of a criminal complaint for illegal wiretapping filed office Michael Sedergrin, one of the officers in the video.



Chicopee District Court Assistant Clerk Magistrate Joanne M. McCarthy rejected the application after a short closed-door hearing on Aug. 17. District Attorney Mark G. Mastroianni said following that ruling that he would not have been inclined to prosecute Greene had the magistrate ruled the complaint was valid.

United States Court of Appeals ruling in Glik v. Cunniffe

Glik v Cuniffe