February 24, 2016—Professor Eugene Volokh was quoted in a Washington Times and Times-Picayune articles discussing how a federal judge in Philadelphia recently ruled that photographing police activity without “any stated purpose of being critical of the government” isn’t constitutionally protected. District Judge Mark Kearney dismissed First Amendment retaliation claims filed against the city of Philadelphia by two individuals who had been restrained while filming police in action.
“The citizens are not without remedy because once the police officer takes your phone, alters your technology, arrests you or applies excessive force, we proceed to trial on the Fourth Amendment claims,” he wrote.
Professor Volokh was also cited in The Times-Picayune:
In his blog, Professor Volokh says he expects Kearney's ruling to be overturned.