Friday, August 26, 2011

First Circuit -- Glik v. Cunniffe

The filming of government officials in a public space is a clearly established right under 1A - court did not err in denying qualified immunity.

Contradicts unpublished decision from the Fourth Circuit.

Despite the fact that the recording was done with a cell phone, sufficient notice for the police officers to have actual knowledge of the recording , defeating any violation of the Massachusetts wiretap statute.  No immunity for 4A violation.


Glik v. Cunniffe
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.