In SIMON GLIK –v- CITY OF BOSTON the 1st Circuit Federal Court decided on 8/26/11 that what goes around comes around and since our government is free to film and record what citizens do in public places that we likewise are free to film and record them.
It goes to our fundamental right to expect the best from our public servants. This line from the ruling wraps it up nicely…
“Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting the free discussion of governmental affairs. Moreover freedom of expression has particular significance with respect to government because it is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression. This is particularly true of law enforcement officials, who are granted substantial discretion that may be misused to deprive individuals of their liberties.”
When Judge Tenney used this decision to dismiss the charges filed by the Weare Police against Mr. Alleman who recorded their stop of his car via his cell phone he was absolutely correct. We should not have to live in fear of our government.