Supreme Court Should Hear Case on Right To Document Police Activity
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Supreme Court urging the Court to grant certiorari in Frasier v. Evans. In March 2021, the U.S. Court of Appeals for the Tenth Circuit held that the right to record police officers in public in the performance of their official duties is not clearly established for purposes of qualified immunity – and declined to decide whether the right exists at all. The plaintiff in that case, Frasier, has now filed a petition for certiorari. This brief argues that a meaningful right to document policing is of exceptional importance to the press and public, and that – for purposes of qualified immunity – the right follows with obvious clarity from the broader right to gather news.